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.