December 2022 Visa Bulletin
The U.S. Department of State publishes a Visa Bulletin in the middle of each month that contains information related to current immigrant visa availability for the following month. We explain the importance of the Bulletin and the value of its details in our previous blog post.
Overview of the December 2022 Visa Bulletin
In the December 2022 Visa Bulletin, EB-1 remains current for all countries; EB-2 for China remains the same as the November bulletin; EB-2 for India retrogresses over six months to October 8, 2011; EB-3 for China moves forward six weeks to August 1, 2018; and EB-3 for India moves forward over two months to June 15, 2012.
For December 2022, United States Citizenship and Immigration Services has not yet announced if it will accept Adjustment of Status applications based on the Dates for Final Action or the Dates for Filing.
Final Action Dates
China
- EB-1 remains current
- EB-2 remains unchanged with a priority date cut-off of June 8, 2019
- EB-3 moves forward to a priority date cut-off of August 1, 2018
India
- EB-1 remains current
- EB-2 retrogresses to a priority date cut-off of October 8, 2011
- EB-3 moves forward to a priority date cut-off of June 15, 2012
All Other
- EB-1 and EB-3 remain current for all other countries
- EB-2 has a priority date cut-off of November 1, 2022
Dates for Filing
China
- EB-1 remains current
- EB-2 remains unchanged with a priority date cut-off of July 8, 2019
- EB-3 moves forward to a priority date cut-off of September 1, 2018
India
- EB-1 remains current
- EB-2 remains unchanged with a priority date cut-off of May 1, 2012
- EB-3 moves forward to a priority date cut-off of August 1, 2012
All Other
- EB-1 and EB-3 remain current for all other countries
- EB-2 has a priority date of December 1, 2022
What Does the December 2022 Visa Bulletin Mean?
The priority date cutoff for EB-3 China is currently approximately one year ahead of EB-2 China. Accordingly, some Chinese-born EB-2 applicants with pending I-485 Adjustment of Status applications may consider submitting an interfiling request to United States Citizenship and Immigration Services (USCIS) to downgrade their pending application from EB-2 to EB-3. Please contact a member of our Immigration and Nationality team at Stevens & Lee to inquire whether interfiling may benefit your specific case.
The December Visa Bulletin warns of potential future retrogression in the EB-1 category for both China and India due to increased demand for overall visa numbers. Additionally, as was warned in the November 2022 bulletin, USCIS implemented worldwide final action dates and dates for filing. Except for China and India, all countries are subject to a final action date of November 1, 2022, and an application filing date of December 1, 2022. Any foreign nationals who qualify for EB-2 or EB-3 should ensure that their Form I-140, Immigrant Petition and Form I-485, Application for Adjustment of Status are filed as soon as possible to ensure that their priority date is as early as possible given the new enactment of worldwide final action date and dates for filing.
