August 2022 Visa Bulletin

Jul 12, 2022 | Immigration Updates

The Department of State has issued its August 2022 Visa Bulletin, and there is modest movement in both the final action dates and dates for filing in the EB-3 preference category for India and China, but no change from July in the EB-2 category.  Final action dates for EB-3 China will advance 30 days to April 22, 2018, while final action dates for EB-3 India while also advance 30 days to February 15, 2012.  Dates for filing for EB-3 China will advance nearly 2 months to May 22, 2018, while dates for filing for EB-3 India will advance one month to February 22, 2012.  Both final action dates and dates for filing remain unchanged from July 2022 for China and India EB-2.  All other countries under EB-2 and EB-3 will remain current, and EB-1 also remains current for all countries including India and China. 

USCIS has announced that the final action dates chart must continue to be used for adjustment of status filings in August.

For EB-5 cases, the August visa bulletin will remain at November 22, 2015 and application filing date will advance one week to December 22, 2015 for C5, T5, I5, and R5 China.  All other EB-5 dates will remain current for all other countries.

For new immigrant investors who file now, it’s possible to skip the lengthy visa wait time if investing in a rural, high-unemployment, or infrastructure project.  For existing investors, despite there having been 140,000 unused FY 2021 Family numbers, resulting in the 280,00 FY 2022 Employment limit, it appears that many of these employment-based immigrant visas will be lost this fiscal year without judicial intervention.

For questions, contact your WR Immigration attorney, and stay tuned to WR Immigration for all the latest news and guidelines.

Related Posts:

Immigration Update

In this edition, find the latest news on DOS’ latest H-1B Guidance, DHS TPS and Student Relief, USCIS’ “Extraordinary Circumstances” and much more! DOS Provides Guidance, FAQs on Domestic Renewal of H-1B Visas for Certain Applicants The Department of State (DOS) has released guidance and frequently asked questions on its new pilot program to resume domestic visa renewals for qualified H-1B nonimmigrant visa applicants who meet certain requirements. The pilot program will accept applications from January 29, 2024, through April 1, 2024, or when all 20,000 application slots are filled, whichever comes first. DOS said it will make available a maximum of 20,000 application slots during this pilot program. Approximately 2,000 per week will be for applicants whose most recent H-1B visa was issued by U.S. Mission Canada with an issuance date of January 1, 2020, through April 1, 2023, and approximately 2,000 per week will be for applicants whose most recent H-1B visa was issued by U.S. Mission India with an issuance date of February 1, 2021, through September 30, 2021. Participation in the pilot program is voluntary. DOS said that individuals who do not meet the requirements for participation in the pilot program, or those who choose not […]

WR Immigration News Digest

“One-Strike” Policy Increases Risk for Visa Holders The State Department has announced a new “one-strike” immigration policy: any legal violation by a temporary visa holder (including H-1B, F-1, and B-1/B-2) may now result in immediate visa revocation. This shift expands enforcement beyond serious criminal cases to include any breach of law. Impact: Global mobility teams should prepare for heightened scrutiny, increased RFEs, and potential disruptions to work authorization. Proactive employee communication and close coordination with counsel are critical. DHS Announces Voluntary Departure “Stipend” The Department of Homeland Security has introduced a $1,000 incentive for individuals who voluntarily depart the U.S., a move that the American Immigration Lawyers Association (AILA) warns is misleading and legally risky. The policy may give the false impression that self-deportation carries no long-term consequences, when in reality it could result in future bars to reentry and other immigration penalties. Impact: Employers should ensure foreign nationals seek legal counsel before considering voluntary departure, as this policy may lead to long-term immigration consequences and reentry bars. Clear communication is key to preventing misinformed decisions. TPS for South Sudan Automatically Extended Through November 3, 2025 The Temporary Protected Status (TPS) designation for South Sudan, originally set to expire on […]