Business Immigration Insights

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated.

Below is a summary of the May Visa Bulletin, including Final Action Dates and changes from the previous month.

India:  No advances, but at least no retreats—for now.  EB-1 stalls at February 1, 2022, and EB-2 at January 1, 2011.  Brace for both categories to retrogress in the coming months (EB-2, as soon as next month).  EB-3 and EB-3 Other Workers hold at June 15, 2012.

China:  EB-1 also stalls at February 1, 2022, and will likely retrogress in coming months.  EB-2 holds at June 8, 2019.  On the upside, EB-3 advances again – 5 months, to April 1, 2019 – as does EB-3 Other Workers – 6.5 months, to April 15, 2015.

All Other Countries:  Like last month, no movement except backward.  EB-1 remains current.  EB-2 retrogresses again – 4.5 months, to February 15, 2022.  And EB-3 Other Workers holds at January 1, 2020.  But the big news in this category is that, for the first time this fiscal year (since October 2022), EB‑3 is no longer current; in fact, EB-3 retrogresses almost a full year, to June 1, 2022.  See NOTE 1 below.

NOTE 1: To recap, U.S. immigration agencies continue to experience higher than expected demand in a number of preference categories.  To keep number use within Fiscal Year 2023 annual limits, the State Department this month retrogressed EB-2 and EB-3 final action dates for Rest of World (including Mexico and Philippines) and warned that further retrogression is likely for EB-1 and EB-2 India and for EB-1 China between now and October.

NOTE 2: USCIS has not yet announced if it will accept I-485 applications in May based on the Department of State’s slightly more favorable Dates for Filing chart.