Business Immigration Insights

The State Department has published the November Visa Bulletin.  The best that can be said of this month’s edition is that no category retrogressed.  The bad news is there was no forward movement either:  all remains status quo from October.

Below is a summary that includes Final Action Dates and changes from the previous month, but first – some background if you’re new to these blog posts.  If you’re an old hand at the Visa Bulletin, feel free to skip the next paragraph.

The Visa Bulletin is released monthly by the US Department of State (in collaboration with US Citizenship and Immigration Services).  If your priority date (that is, the date you got a place on the waiting list) is earlier than the cutoff date listed in the Bulletin for your nationality and category, that means a visa number is available for you that month.  That, in turn, means you can submit your DS-260 immigrant visa application (if you’re applying at a US embassy abroad) or your I-485 adjustment of status application (if you’re applying with USCIS).  If you already submitted that final step and your category then retrogressed, it means the embassy or USCIS can now approve your application because a visa number is again available.

Now for the November VB –

There are no changes from October for China:

• EB-1 freezes at November 8, 2022
• EB-2 at March 22, 2020
• EB-3 Professionals at April 1, 2020
• EB-3 Other Workers at January 1, 2017

Likewise, no movement for India:

• EB-1 holds at February 1, 2022
• EB-2 at July 15, 2012
• EB-3 Professionals and EB-3 Other Workers at November 1, 2012

Same story for All Other Countries:

• EB-1 remains current
• EB-2 pauses at March 15, 2023
• EB-3 Professionals at November 15, 2022
• EB-3 Other Workers at January 1, 2020

NOTE 1: USCIS will accept I-485 applications in November based on the Department of State’s more favorable Dates for Filing chart, which allows from 2 months to 1 year of additional filing time depending on nationality and category. These dates are also unchanged from October:

• Chinese nationals gain almost 2 months to file in EB‑1; a little over 6 months in EB-2; 7.5 months in EB‑3 Professionals; and 1 year in EB-3 Other Workers.
• Indian nationals gain 2.5 months in EB-1; 5.5 months in EB-2; a little over 7 months in EB-3 Professionals; and 7 months in EB-3 Other Workers.
• Nationals of all other countries may file their I-485s in advance of their priority dates being current by 4.5 months in EB-2; 3.5 months in EB-3 Professionals; and 5.75 months in EB-3 Other Workers.

NOTE 2: The Dates for Filing chart applies only to I-485 applications with USCIS.  Immigrant visa applications with US embassies are always based on the Final Action Dates chart.