L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. Beyond the detailed analysis that we shared, this has been stated numerous times by Charlie Oppenheim, who is the head of the 'Visa . The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. If a category is designated current, all applicants in the relevant category may file, regardless of priority date. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of States National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.S. Department of State of the views or products contained therein. Dates For Filing Applications "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. Numbers could be exhausted prior to September 30. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program. Readers were advised in item G of the June 2022 Visa Bulletin that due to steady number use in the F2A category, a final action date might need to be established as early as August. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by October 3rd. B.DIVERSITYIMMIGRANT(DV)CATEGORY FOR THE MONTHOF DECEMBER. Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. The SR category is subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability. Employment Family . Disclaimer: In order to estimate dates, this Site uses the Visa Bulletin data from previous fiscal years and the current fiscal year, and make calculations about possible future dates. The dependent area limit is set at 2%, or 7,320. G.VISA AVAILABILITY IN THE EMPLOYMENT FOURTH CATEGORY. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. Visas issued prior to that date will be valid only until December 15, 2022, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat admitted) into the United States no later than midnight December 15, 2022. 2. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. A locked padlock ) or https:// means you've safely connected to the .gov website. You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. The State Department is required to make the determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers". CA/VO:October 3, 2022. October 2022 Visa Bulletin Predictions. Visa Bulletin Predictions More Prediction Dashboard Prediction Dashboard Lawyer Questions Search My Account It's FREEto register! As a result, heavy applicant demand has materialized and coupled with significantly lower visa number availability for India E2 for FY-2023 as compared to FY-2022, corrective action was required to keep number use within the maximum allowed under the FY-2023 annual limits. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES. In addition, sufficient India demand has materialized in the Employment-Based Fifth Preference unreserved categories to require the imposition of a final action date for October. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by August3rd. F.RETROGRESSION OF INDIA EMPLOYMENT SECOND PREFERENCE (E2) FINAL ACTION ANDAPPLICATION FILING DATES FOR OCTOBER. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program. If a category is designated current, all applicants in the relevant category may file applications, regardless of priority date. You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. March 2023 Visa Bulletin Predictions Here are our predictions for the March 2023 visa bulletin: India EB2 will remain the same India EB3 will advance by 1 month Family-based preference categories will begin advancing again, possibly by 1 month for some countries Will India EB2 Receive Spillover Numbers? We estimate that both the final action date and the date of filing application will . Preliminary consolidated number use by State and USCIS for all of FY-2022 shows there were approximately 57,000 unused family-sponsored visa numbers. If you wish to remain on travel.state.gov, click the "cancel" message. If a category is designated current, all applicants in the relevant category may file applications, regardless of priority date. A. Let's take a deeper dive into the results of the bulletin and what this means for green card hopefuls. B. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS. This bulletin summarizes the availability of immigrant numbers during January for: "Final Action Dates" and "Dates for Filing Applications," indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. This will result in reduction of the DV-2023 annual limit to approximately 54,850. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbersBELOWthe specified allocation cut-off number: D. AVAILABILITY OF EMPLOYMENT-BASED VISAS DURING SEPTEMBER. DV visas are divided among six geographic regions. B. This bulletin summarizes the availability of immigrant numbers during Septemberfor: Final Action Dates and Dates for Filing Applications, indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. DATES FOR FILING OF EMPLOYMENT-BASEDVISAAPPLICATIONS. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation. Division O, Title 1, Section 104 of the Consolidated Appropriations Act, 2021 extended the immigrant investor pilot program until June 30, 2021. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbersBELOWthe specified allocation cut-off number: Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. If at any time an annual limit were reached, it would be necessary to immediately make the preference category unavailable, and no further requests for numbers would be honored. F1: Family-Sponsored First Preference (Unmarried Sons and Daughters of U.S. Citizens) F2A: Family-Sponsored Second Preference, Subcategory A (Spouses and Children of Permanent Residents) F2B: Family-Sponsored Second Preference, Subcategory B (Unmarried Sons and Daughters of Permanent Residents) A. The fiscal year 2022 limit for employment-based preference immigrants calculated under INA 201 is 281,507. 4. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. November 2022 Visa Bulletin has been officially released (valid from November 1 to November 30 only). F.FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV, Department of State Publication 9514 Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference. The dependent area annual limit is 2%, or 10,150. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. DATES FOR FILING OF EMPLOYMENT-BASEDVISAAPPLICATIONS. The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES. During an interview with Charlie Oppenheim of the State Department, the following statements and predictions were made in relation to employment-based and family-based categories. November 2022 Visa Bulletin Predictions. In the November 2022 Visa Bulletin, there were no changes seen to the priority dates for both India EB2 and EB3. Beyond the detailed analysis that we shared, this has been stated numerous times by Charlie Oppenheim, who is the head of . Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: A. For FY-2022 the per-country limit is 35,525. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. ForNovember, immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. B.DIVERSITYIMMIGRANT(DV)CATEGORY FOR THE MONTHOF SEPTEMBER. You can leave the options as default. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. If a category is designated current, all applicants in the relevant category may file, regardless of priority date. H.R. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the Dates for Filing Visa Applications charts in this Bulletin. India EB2 has been moving slightly each month, so we do expect to see another movement in this category. E. VISA AVAILABILITY IN THE EMPLOYMENT FIRST CATEGORY FOR CHINA AND INDIA Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of States National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. 3. Under INA Section 202(a), the per-country limit is fixed at 7% of the family and employment annual limits. At this time, the consensus among many different trusted sources is that we will not see any priority date movement for India EB2 or EB3 in December's Visa Bulletin release. Philippines - Next Month's Predictions Latest Published Visa Bulletin India F4 - Next Month's Prediction Latest Published F4 Visa Bulletin Gain access to 20+ year prediction for your personal timeline or message us with a question. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) 5. This bulletin summarizes the availability of immigrant numbers during Octoberfor: Final Action Dates and Dates for Filing Applications, indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. FINAL ACTION DATES FORFAMILY-SPONSOREDPREFERENCE CASES, On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. Number use has remained steady and is estimated to reach 75% of the overall F2A category limit in August. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES. The worldwide level for annual employment-based preference immigrants is at least 140,000. The C listing indicates that the category is current, and that applications may be filed regardless of the applicants priority date. On August 2nd, USCIS provided the required data to the VO. It marked the beginning of the government's 2023 fiscal year, and a retrogression in India's EB2 category of over 2 years and 8 months was simply not expected, even by experts in the field. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. With FY23 starting in a few weeks, Mr. Parker also provided predictions on what to expect in the October 2022 Visa Bulletin. The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. DV visa availability through the very end of FY-2023 cannot be taken for granted. All F2A numbers provided for MEXICO are exempt from the per-country limit. 1. Therefore, it has become necessary to establish a final . 1. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the Dates for Filing Visa Applications charts in this Bulletin. The key of our prediction is that there will be no 'forward movement' for F1-All Countries until at least the summer of 2022, and most likely no movement until the end of fiscal year 2022 in September 2022. Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: A. Higher than expected demand in the Employment Fourth category for El Salvador, Guatemala, and Honduras may necessitate corrective action to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; B. FINAL ACTION DATES FOREMPLOYMENT-BASEDPREFERENCE CASES. Fourth: Certain Special Immigrants: 7.1% of the worldwide level. 3. Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. this month for filing applications for adjustment of status with USCIS. Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) If you wish to remain on travel.state.gov, click the "cancel" message. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 35,525 for FY-2022. A. Visa Bulletin dates are based on supply and demand. ForSeptember, immigrant numbers in the DV category are available to qualified DV-2022 applicants chargeable to all regions/eligible countries as follows. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the Dates for Filing Visa Applications charts in this Bulletin. No one country can receive more than seven percent of the available diversity visas in any one year. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The situation will be continually monitored, and any necessary adjustments made accordingly. 1. C.THE DIVERSITY (DV) IMMIGRANTCATEGORY RANK CUT-OFFSWHICH WILL APPLY IN NOVEMBER. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. CA/VO:August 3, 2022. Without this information, it is impossible to make an official determination of the annual limits. C.THE DIVERSITY (DV) IMMIGRANTCATEGORY RANK CUT-OFFSWHICH WILL APPLY IN FEBRUARY.