October 2022 Visa Bulletin Shows Significant Regression for EB-2 India – Work Visas

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The U.S. Department of State released the October 2022 Visa Bulletin, which shows a significant regression in the employment-based second preference category (EB-2) for the Indian-born. The October Visa Bulletin shows that the EB-2 filing date in India will move back more than two years, from December 1, 2014 to May 1, 2012.

According to the State Department, in fiscal year 2022, the agency made rapid progress on EB-2 deadlines for India to maximize immigrant visa numbers assigned, which which has led to an increase in applications in this category. The increase in demand, coupled with the reduced availability of visas expected for the India EB-2 category for FY2023, led to the regression in an effort to keep visa utilization within the maximum allowed by the annual limits of the 2023 financial year.

The State Department also reported strong demand in the “unqualified” China EB-5 category, particularly for issuing immigrant visas at U.S. consulates abroad, and increased demand in the India category. EB-5 “without reservation”. The increase in demand, along with the decline in the number of employment-based visas expected to be available in FY2023, triggered a significant regression in the China EB-5 “unqualified” category and the imposition of a final action deadline for India’s previous current EB-5 “Unreserved” category.

It should be noted that USCIS recently confirmed that as of September 6, 2022, there are “no more visas remaining for applicants from any country of charge” in the EB-1 or EB-2 categories. . It appears that USCIS has used nearly all available employment-based immigrant visas for fiscal year 2022 and will have exhausted visa supply by the end of the month.

Also, as many expected, USCIS has announced that it will transition to accepting Adjustment of Status applications based on the October 2022 Visa Bulletin. Table of filing dates, rather than the table of final action dates. Since October 1, 2022 marks the start of the government’s 2023 fiscal year, the annual supply of immigrant visas will be at its peak. USCIS will accept requests for adjustment of status based on the table of filing dates, which normally predates the table of final action dates.

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