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. (Spoiler alert: there are no changes from April.)

China:  EB-1 holds at September 1, 2022; EB-2 at February 1, 2020; EB-3 at September 1, 2020; and EB-3 Other Workers at January 1, 2017.

India:  EB-1 stuck at March 1, 2021; EB-2 at April 15, 2012; EB-3 and EB-3 Other Workers at August 15, 2012.

All Other Countries:  EB-1 remains current. EB-2 stalls at January 15, 2023; EB-3 at November 22, 2022; and EB-3 Other Workers at October 8, 2020 (except the Philippines, which holds at May 1, 2020).

NOTE 1:      USCIS will accept I-485 applications in May based on Final Action Dates, not the more favorable Dates for Filing chart.

NOTE 2:      USCIS recently explained why the agency does not use the Dates for Filing chart every month:  “When we determine that there are immigrant visas available for the filing of additional adjustment of status applications, noncitizens must use the Dates for Filing chart … Otherwise, use the Final Action Dates chart.  We make this determination monthly based on how many visa numbers remain available for the year, USCIS and [Department of State] visa-available inventory, and operational considerations.  [emphasis added]

NOTE 3:      USCIS recently clarified the meaning of “Current” in the Visa Bulletin, as follows:  “If there are sufficient [remaining visa] numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered ‘Current.’ … For example, if EB‑2 has 49,000 visas available for applicants from countries other than India and China, and there are 48,000 pending applications, then the category can be ‘Current.’”