The U.S. Citizenship and Immigration Services (USCIS) released the January 2022 Visa Bulletin. USCIS announced applicants must use the Date of Filing Chart to determine if he or she is eligible to submit his/her I-485, Adjustment of Status Application (AOS). If the priority date for your employment or family-based category is before the date outlined and you are in the United States, you may file your application to adjust status along with the applications for employment authorization and travel permission assuming you meet all the other requirements) with USCIS.

Highlights of the Visa Bulletin

Employment-Based Applications

USCIS allows applicants to continue to use the Date of Filing Chart to file their adjustment of status application for Employment-Based cases in the January 2022 visa bulletin. Although USICS directly applicant to use the Date of Filing Chart, there is little movement in January from the December 2021 visa bulletin.

1. Employment-Based, First Preference (EB-1) Category: The EB-1 category remains current for all countries of chargeability including India and China.
2. Employment-Based, Second Preference (EB-2) Category: The EB-2 category for all countries of chargeability except India and Chain mainland continue to be Current. Indian nationals may file their AOS if their priority date is before July 8, 2013. The cutoff date for Chinese nationals for EB-2 is April 1, 2019.
3. Employment-Based, Third Preference (EB-3) Category: Similar to EB-2, for the EB-3 preference category all countries of chargeability continue to be “Current” excluding India and Mainland China. Although USCIS is allowing applicants to use the Date of Filing Chart, the cutoff date for Indian and Chinese nationals there is no movement. It continues to be January 15, 2021, for Indian nationals and Chinese nationals the cutoff date is April 1, 2018.
4. Employment-Based, Certain Religious Workers Category: Congress has extended the non-minister special immigrant program until February 18, 2022. Thus, this category remains current for countries except for El Salvador, Guatemala, and Honduras. The date for the nationals of those countries has advanced to May 15, 2019.

The slow movement in the Employment-Based visa bulletin is not surprising since USCIS hasn’t adjudicated the numerous applications it has received in October 2020. This ensures USCIS has time and resources to adjudicate cases already in its possession before accepting more to process.

Family-Based Applications

USCIS announced that F2A applicants may file using the Final Action Dates chart. Applicants in all other family-sponsored preference categories must use the Dates for Filing chart.

ILBSG will continue to monitor and report predictions and movements related to the monthly visa bulletin. If you have any questions regarding your priority date, please reach out to one of our attorneys today. We work with you, every step of the way.