Visa Lawyer Blog
In this blog post, we cover the release of the December Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of December.
The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.
Adjustment of Status Filing Chart December 2022
For Family-Sponsored Filings:
Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the Dates for Filing chart in the Department of State Visa Bulletin for December 2022.
For Employment-Based Preference Filings:
All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for December 2022.
December 2022 Visa Bulletin Dates for Filing Cutoff Dates
Employment-Based Categories
DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s December 2022 Visa Bulletin, the following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:
- EB-1: All countries, including India and China, will remain current.
- EB-2: EB-2 China will remain at July 8, 2019 and EB-2 India at May 1, 2012. All other countries will remain current.
- EB-3 Professionals and Skilled Workers: EB-3 India will advance to August 1, 2012, and EB-3 China will advance to September 1, 2018. All other countries will remain current.
- EB–3 Other Workers: EB-3 China will remain at November 1, 2015, and EB-3 India will advance to August 1, 2012. A Date for Filing cut-off date of September 8, 2022, applies to all other countries.
- EB-4: EB-4 El Salvador, Guatemala, and Honduras will remain at April 15, 2018, and EB-4 Mexico at October 15, 2020. All other countries remain at July 22, 2022.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), the Date for Filing for China will remain at January 1, 2016, India will have a Date for Filing cut-off imposed of December 8, 2019, and all other countries will remain current. For the EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure), the Date for Filing will remain current for all countries.
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
EL SALVADOR GUATEMALA HONDURAS |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C | C |
| 2nd | 01DEC22 | 08JUL19 | 01DEC22 | 01MAY12 | 01DEC22 | 01DEC22 |
| 3rd | C | 01SEP18 | C | 01AUG12 | C | C |
| Other Workers | 08SEP22 | 01NOV15 | 08SEP22 | 01AUG12 | 08SEP22 | 08SEP22 |
| 4th | 22JUL22 | 22JUL22 | 15APR18 | 22JUL22 | 15OCT20 | 22JUL22 |
| Certain Religious Workers | 22JUL22 | 22JUL22 | 15APR18 | 22JUL22 | 15OCT20 | 22JUL22 |
| 5th Unreserved (including C5, T5, I5, R5) |
C | 01JAN16 | C | 08DEC19 | C | C |
| 5th Set Aside: (Rural – 20%) |
C | C | C | C | C | C |
| 5th Set Aside: (High Unemployment – 10%) |
C | C | C | C | C | C |
| 5th Set Aside: (Infrastructure – 2%) |
C | C | C | C | C | C |
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
EL SALVADOR GUATEMALA HONDURAS |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C | C |
| 2nd | 01NOV22 | 08JUN19 | 01NOV22 | 08OCT11 | 01NOV22 | 01NOV22 |
| 3rd | C | 01AUG18 | C | 15JUN12 | C | C |
| Other Workers | 01JUN20 | 22JUN13 | 01JUN20 | 15JUN12 | 01JUN20 | 01JUN20 |
| 4th | 22JUN22 | 22JUN22 | 15MAR18 | 22JUN22 | 15SEP20 | 22JUN22 |
| Certain Religious Workers | 22JUN22 | 22JUN22 | 15MAR18 | 22JUN22 | 15SEP20 | 22JUN22 |
| 5th Unreserved (including C5, T5, I5, R5) |
C | 22MAR15 | C | 08NOV19 | C | C |
| 5th Set Aside: Rural (20%) |
C | C | C | C | C | C |
| 5th Set Aside: High Unemployment (10%) |
C | C | C | C | C | C |
| 5th Set Aside: Infrastructure (2%) |
C | C | C | C | C | C |
Family-Sponsored Categories
DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s December 2022 Visa Bulletin, the following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories:
*No change from the November 2022 Visa Bulletin
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 08AUG16 | 08AUG16 | 08AUG16 | 01DEC02 | 22APR15 |
| F2A | C | C | C | C | C |
| F2B | 01JAN17 | 01JAN17 | 01JAN17 | 01JAN02 | 01OCT13 |
| F3 | 08NOV09 | 08NOV09 | 08NOV09 | 15JUN01 | 08NOV03 |
| F4 | 15DEC07 | 15DEC07 | 22FEB06 | 01APR01 | 22APR04 |
- F1 China: August 8, 2016
- F1 India: August 8, 2016
- F1 Mexico: December 1, 2002
- F1 Philippines: April 22, 2015
- F1 World: August 8, 2016
- F2A: Current for all categories
- F2B China: January 1, 2017
- F2B India: January 1, 2017
- F2B Mexico: January 1, 2002
- F2B Philippines: October 1, 2013
- F2B World: January 1, 2017
- F3 China: November 8, 2009
- F3 India: November 8, 2009
- F3 Mexico: June 15, 2001
- F3 Philippines: November 08, 2003
- F3 World: November 08, 2009
- F4 China: December 15, 2007
- F4 India: February 22, 2006
- F4 Mexico: April 1, 2001
- F4 Philippines: April 22, 2004
- F4 Other World: December 15, 2007
FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
*No change from the November 2022 Visa Bulletin, except retrogression of F3 Mexico from November 15 to November 1, 1997
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA-mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 01DEC14 | 01DEC14 | 01DEC14 | 15NOV00 | 01MAR12 |
| F2A | C | C | C | C | C |
| F2B | 22SEP15 | 22SEP15 | 22SEP15 | 01JUN01 | 22OCT11 |
| F3 | 22NOV08 | 22NOV08 | 22NOV08 | 01NOV97 | 08JUN02 |
| F4 | 22MAR07 | 22MAR07 | 15SEP05 | 01AUG00 | 22AUG02 |
- F1 China: December 1, 2014
- F1 India: December 1, 2014
- F1 Mexico: November 15, 2000
- F1 Philippines: March 1, 2012
- F1 World: December 1, 2014
- F2A: Current for all categories
- F2B China, India, World: September 22, 2015
- F2B Mexico: June 1, 2001
- F2B Philippines: October 22, 2011
- F3 China, India, World: November 22, 2008
- F3 Mexico: November 1, 1997* retrogression
- F3 Philippines: June 8, 2002
- F4 China: March 22, 2007
- F4 India: September 15, 2005
- F4 Mexico: August 1, 2000
- F4 Philippines: August 22, 2002
- F4 World: March 22, 2007
Impact of President Biden’s Rescission of Proclamation 10014 on the Issuance of Immigrant Visas
In February of last year, President Biden made the decision to rescind Presidential Proclamation 10014 and lift the temporary suspension on the issuance of visas for most immigrant and nonimmigrant visa categories, however the operational capacity at U.S. Embassies and Consulates worldwide remains limited due to COVID-19 safety concerns.
The Department of State has said that while some Embassies are prioritizing immigrant visa scheduling for spouses of U.S. Citizens, public health and safety concerns remain paramount. Moreover, U.S. Embassies and Consulates are facing substantial backlogs due to the suspension of most visa operations.
Applicants who were previously subject to the immigrant visa ban under Proclamation 10014 may continue with pre-processing of their applications, however their cases will not be scheduled for an interview until Embassies and Consulates return to routine operational capacity. This will likely take time therefore applicants should expect long delays. Those who were previously refused under the Immigrant Visa ban must wait for further instruction from the U.S. Consulate handling their application.
The Takeaway
December’s visa bulletin includes virtually no change in the family-based preference charts except for a slight retrogression in the final action chart for F3 Mexico from November 15, 1997, to November 1, 1997.
In the employment-based categories, dates for filing chart, EB-3 India advanced one month to August 1, 2012, EB-3 China advanced by 7 weeks to September 1, 2018. In the category for EB-3 Other Workers, India advanced to August 1, 2012.
The Department of State continues taking additional measures to decrease the backlogs including increasing personnel and providing interview waivers for certain cases.
As always we will continue to monitor the Visa Bulletin and report on any changes that may impact you.
Questions? If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.
Helpful Links
- December Visa Bulletin
- November Visa Bulletin
- Adjustment of Status Filing Dates from Visa Bulletin
- USCIS Processing Times
- Chats with Charlie YouTube Channel
- Immigrant Visa Backlog Report
- DOS Visa Services Operating Status Update
- ImmigrationLawyerBlog
- ImmigrationU Membership
- Success stories
- Youtube channel
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