All you need to know about the visa bulletin, October 2022

All you need to know about the visa bulletin, October 2022

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The United States Department of State recently published the new October 2022 visa bulletin. It is valuable information for those filing an Adjustment of Status Filing to obtain a visa in the United States of America.

With this information, those who have filed the appropriate documents with the USCIS can get an idea of the dates and priorities of the corresponding process. However, many may find it challenging to understand the information in the bulletin.

The United States Citizenship and Immigration Services (USCIS) is an essential agency, especially for those seeking to process their visas. So, below, we will explain everything you need to know about the October 2022 visa bulletin.  

What is the visa bulletin?

The Visa Bulletin is a public interest document published monthly by the United States Department of State. It is an informational bulletin intended to clarify, state and report on various changes in the administration of immigrant visa documents.

Within it, you can find valuable information about the dates taken for processing the different documents submitted to the agency. In addition, it also provides information on priority changes (if any) within the procedures it carries out.

The dates and specifications shown in the document refer to the visa categories concerning the particular conditions of the person who will receive the document. Depending on these conditions, the dates, number of visas available and priority are determined.

Particular conditions determining visa waiting time and visa category within the visa bulletin

Several visa categories are separated within the visa bulletin to differentiate and order them for easier reading. It is of particular interest to know in which position the visa applicant is since it is a determining factor in the waiting time.

The categories are divided between the family ties of visa applicants and employment conditions/specifications. There is a specific range of priority for some cases presented below.

It is essential to clarify that Congress only issues a certain number of visas annually. This annual limit is taken into account by the corresponding agencies when publishing the visa bulletin and issuing visas.

The number gives a total of 366,000 visas issued each year. This number is divided approximately half between family relationship visas (where marriage is included) and work visas.

Family-based case conditions

For family-based visa cases, the category is divided according to the petitioner’s family relationship, age, and relationship characteristics. For example, it is critical to consider whether the petitioner is a U.S. citizen or a green card holder.

• In case you are a husband, wife, father, mother, son, or daughter (unmarried, under 21 years of age) of a U.S. citizen: you are in the best position, to the point that it is unnecessary to read the bulletin. There is no waiting time for your case.
• If you are a husband, wife, son, or daughter (unmarried, under 21 years old) of a U.S. green card holder, you must wait 12 to 18 months for your visa to become available.
• In case you fall into a different category: the waiting time for your green card can vary depending on the case, even reaching years and decades.

Information about the waiting time and metrics taken to process visas can be found on the websites of the relevant agencies. A lawyer can also guide you. 

Employment-based case conditions

In employment-based cases, conditions are not based on relationships but the applicant’s skills and training. Therefore, particular consideration is given to cases where the applicant has a high level of education, rank, or ability.

• First preference EB-1 Extraordinary people, outstanding researchers and professors, multinational executives and managers: these cases have priority. For these cases, it is unnecessary to read the bulletin. They have no waiting time of any kind. 
• The second preference is EB-2 Exceptional people and advanced degree holders: whether they have priority depends on the applicant’s home country. They may have no waiting time or need visa bulletin dates for their applications, processing, and issuance.
• Third preference EB-3 Bachelor’s degree holders, skilled workers and unskilled workers: they are the third priority and may also have no waiting time depending on the applicant’s nationality.
• Fourth Preference EB-4 Special Immigrants: These are the fourth priority. They have the same characteristics as EB-2 and EB-3.
• Fifth Preference EB-5 Investors: This is the fifth priority. They have the same characteristics as EB-2, EB-3 and EB-4.

Fortunately, employment-based visa cases tend to be taken more seriously and processed quickly. Besides, many employment-based visa cases have no set waiting times. 

How do I read the tables and priority dates in the October 2022 Visa Bulletin?

The October 2022 visa bulletin contains valuable information about changes (if any) to visa processing and issuance dates. In this case, there are three essential parts to note:

• Processing and issuance of visas for family-based cases.
• Processing and issuance of visas for work-based cases.
• Information about the fiscal year 2023 visa lottery.

Thus, the USCIS and The United States Department of State publish several tables by visa preference category, using the following language:

The category is available in those sections where a “C” is marked. That is to say that applications can be submitted regardless of the priority date that the table marks as belonging to the applicant’s group.

While your priority date is current, you may apply for a visa after you have fulfilled all applicable requirements.

In other matters, those sections marked with a “U” can be read as meaning that visas are unavailable or in the priority line. This “U” stands for “Unavailable,” making it clear that submitting applications is impossible.

Even if the applicant’s priority dates are current, the “U” notes that it will not be able to process visa applications within the agencies.

It is important to emphasize that the country of birth of a person is a determining factor in the waiting time for their visa. Therefore, depending on the country, they may have one waiting time or another, if not none at all.

Another critical thing is keeping track of the date you filed your application. According to what you have read in each year’s visa bulletin, it is crucial to know when to act.

The National Visa Center or NVC sends notices to immigrants via email or regular mail on how to apply for a visa through the consular channel. Therefore, you should follow its instructions closely and follow them perfectly.

But that’s not all, and there are a series of terms that you should know before reading the table. You may find some of them confusing, so we must explain them to you.

Important visa bulletin concepts

Final Action Dates: These are dates on which immigrant visas may finally be issued. So, you should pay close attention to these dates.

Dates For Filing: This is the earliest date on which a person (or applicant) can file a visa application. It is the start of the corresponding period for applicants to visit the agencies to complete the formalities.

Cut-off Date: This is the date from which priority is given to applications made at that time. If your application date is before the date given, you may proceed with your visa application.

Types of family preference

As its name indicates, family preference refers to the preferences or priorities taken during visa processing. These are divided into four, from the highest to the lowest priority, as follows:

• First preference (F1): children of U.S. citizens over 21 years of age.
• Second preference A (F2A): husbands, wives and unmarried children under 21 years of age of permanent residents.
• Second preference B (F2B): unmarried children of permanent residents over 21 years of age.
• Third preference (F3): children of married U.S. citizens, their spouses and unmarried children under 21 years of age.
• Fourth preference (F4): Brothers and sisters of U.S. citizens, their spouses and unmarried children under 21 years of age. 

And so, under this terminology, the different cases of visas applied are divided. In addition, if the applicant is in a lower preference number, they will probably get the visa faster.

Information about the visa bulletin, October 2022

Below, we will provide you with the October 2022 visa bulletin information and explain the changes (if any) in dates and availability. So it is in case you find the changes confusing or cannot detect them.

We will explain it in parts so that if you are looking for particular cases (such as family-based cases, work-based cases, or even the F.Y. 2023 visa lottery), you can easily find them and fully understand the information given.

Final action dates for family-based case applications

Below are the tables corresponding to the final action dates for family-based case filings. As you may notice, Mexico, mainland China, India, and the Philippines differ from the rest, and this is due to the size of the population.

For countries without a large population and with few visa applications to the United States, such as Switzerland, there is no problem with the limits, but for others, there is. Mexico, mainland China, India, and the Philippines stand out. It is because they have huge populations and high demand for U.S. visas. 

As you can see in the table, the final action dates for most of the world differ from Mexico due to the high demand. For F1 cases in most of the world, those who have applied before December 1, 2014, or on that day will finally receive their visas.

And in the case of F1s with Mexican nationality, those who have applied before March 15, 2000, or on that day may receive their visas. At the same time, F2A cases have free rein to continue with their applications as long as they meet the requirements. 

The cases of mainland China, India, and the Philippines

For F1 cases from mainland China and India, those who have submitted their applications on or before December 1, 2014, may receive their visas. For the Philippines, however, the date is March 1, 2012.

Likewise, for the F2A cases of these three countries, there is free rein as to when they will finally receive their visas. You can also see the rest of the dates with their respective cases.

Dates for filing of family-based case files

For F1 cases from all countries, the date for filing is August 8, 2016. However, those who have filed their applications on or before this date may continue with their applications.

On the other hand, in the case of Mexico, F1 cases have a filing date of December 1, 2001. Therefore, those who have filed on, or before, this date can continue with their applications without any problems.

And for F2As from all countries, including Mexico, you can submit your applications regardless of the date. In addition, you can see the rest of the dates for filing both in the rest of the world and in Mexico. 

Mainland China, India, and the Philippines

F1 cases from mainland China and India have dates for August 8, 2016. However, those who have submitted their applications by this date or earlier may continue with the corresponding procedures.

On the other hand, those Filipinos who have filed their applications on or before April 22, 2015, will be able to continue with their applications. 

For mainland China, India, and the Philippines, F2A cases have free rein to continue processing their applications. The remaining filing dates for the three countries can also be seen.

Final action dates of employment-based case applications

These tables use the previously explained EB-1, EB-2, EB-3, EB-4 and EB-5 employment preferences. The EB-1, EB-2 and EB-3 cases are given free rein to receive the visas they have applied for eventually.

Those remaining exceptional cases, classified as “Other Workers,” have their final action date of June 1, 2020. Those who have filed their applications on or before that date will be able to receive their visas.

And in the case of EB-4s, in almost all countries, they can receive their visas without depending on dates. However, in the case of El Salvador, Guatemala and Honduras, their final action date is March 15, 2018. 

However, Mexico’s final action date for EB-4 cases is September 15, 2020. Therefore, those who have filed their applications before or during that date may finally receive their visas. 

For certain types of religious workers, visas are blocked. All other dates and clarifications can also be seen. 

Mainland China, India, and the Philippines

EB-1 cases from Mainland China, India, and the Philippines can receive their visas regardless of the application dates. However, EB-2 and EB-3 workers from mainland China and India have their final action dates set, in contrast to the Philippines.

Persons remaining as “Other Workers” have their final action dates set in all three countries. EB-4 cases can receive their visas regardless of the date. Certain religious workers do not have visas available. More dates and clarifications can be found in the table.

Dates for filing dates of employment-based cases

For the dates for filing employment-based cases, EB-1, EB-2 and EB-3 are available to begin processing their visas almost everywhere. On the other hand, those marked as “other workers” have different dates depending on their country of origin.

EB-4 cases and religious workers from almost everywhere in the world can start the process without a date. On the other hand, for the same cases in El Salvador, Guatemala, Honduras and Mexico, there are dates set. The rest of the dates and clarifications are equally palpable.

Mainland China, India, and the Philippines

For EB-1 cases in mainland China, India, and the Philippines, there is free rein on the dates to start their visa applications. In contrast, EB-2 and EB-3 cases in China and India have fixed dates, unlike in the Philippines.

Those marked as “other workers” in Mainland China, India, and the Philippines have their dates set. EB-4 cases and religious workers can begin processing their visas regardless of the dates in these three countries. Other dates and clarifications are appreciated.

How to correctly read the cases in the table of cases based on the F.Y. 2023 diversity visa program?

We must start with the basics; in the table below, you will find the cut-off allocation number for diversity visas, which are based on eligible regions and countries, all for those applicants who meet all the requirements.

When you see a maximum number, only visas are available for DV applicants below the number assigned explicitly for your region. In other words, the person who wins the draft will only be entitled to receive immigration status in the DV category until the end of the fiscal year of the visa they selected.

Now, for all applicants registered for a draft visa in the fiscal year 2023, their DV visa entitlement ends explicitly on September 30, 2023, so we recommend paying specific attention to this.

As a clarification, no DV visas can be issued to DV-2023 lottery participants after the date mentioned above. It will apply even to the spouses and children of the winners of the F.Y. 2023 visa lottery, which will only have derived entitlement until September 30, 2023.

However, it is essential to clarify that available DV visas cannot be guaranteed until the end of that fiscal year because they may even be exhausted before September 30, 2023.

What dates for submitting applications for cases based on the F.Y. 2023 visa bullpen by October 2022?

What dates for submitting applications for cases based on the F.Y. 2023 visa lottery are by November 2022?

What is the scheduled expiration of the religious worker (R.H.) category of the fourth employment preference (EB-4)?

Now, we must mention exceptional cases, such as, for example, the Fourth Employment Preference for Certain Religious Workers (S.R.) category, which was extended until September 30, 2022, by the Consolidated Appropriations Act of 2022. The same was approved on March 15, 2022.

It is vital to note that after midnight on September 29, 2022, no S.R. visas can be issued abroad under any circumstances. In addition, no decisions on adjustment of status cases can be made.

Thus, all non-minister exceptional immigrant applicants must be admitted to the United States no later than midnight on September 29, 2022, and all visas issued before that date can only be validated if they are dated before September 29, 2022.

What does this mean? By October 2022, the S.R. category will appear as Unavailable (U) for all nations, without exception.

However, if the S.R. category were to be extended by legislation, it would be available immediately. It would be subject to the same final action deadlines as the other fourth preference employment categories (EB-4), all according to the country of eligibility.

What is the final action date for non-reserve fifth preference employment categories (including C5, T5, I5 and R5)?

Sadly, due to the high demand for visa issuance numbers, especially overseas, the final action date for the non-reserved employment-based fifth preference (EB-5) category for persons born in China will have to be delayed.

In addition, the unreserved employment-based fifth preference category has been in such high demand from India to necessitate the imposition of a final action statement by October 2022.

In other words, the corrective measures are applied to keep the use of numbers within the maximum allowed under the FY2023 annual mandatory restrictions. 

Why? Simple, it is because of the high demand for immigrants from within China and India, as well as the reduced availability of visas for the fiscal year 2023 compared to the fiscal year 2021 and fiscal year 2022. Therefore, the U.S. Department of State will remain attentive to this issue and make any necessary adjustments.

Filing dates for October 2022 for India’s second employment preference (EB-2) retrogression.

In F.Y. 2022, the final action and filing dates for Indian EB-2 applications had to be moved up quickly. This was due to the historically high maximum employment cap of 281,507.

Precisely because the number of visas available for India EB-2 decreased on a large scale for F.Y. 2023 as compared to F.Y. 2022 and, consequently, the demand for applications, for this reason, it was mandatory to take corrective measures to ensure the use of the number within the annual allowable limitations for F.Y. 2023.

And as mentioned above, the U.S. State Department will faithfully pay specific attention to making necessary adjustments.

What are the predictions for visa availability based on the fourth employment category (EB-4) for the fiscal year 2023?

Based on the fact that the U.S. Department of State intends to keep the number used within the maximum allowed by the F.Y. 2023 annual cap, in addition to the very high demand in the fourth EB-4 employment category, a final global action date may be required in the coming months.

However, we must remember the same, and this entity will be the one to regulate the matter. Therefore, it can and will make all the necessary changes and adjustments.

For more information, schedule your immigration consultation

As you can see all around the article, there is a lot of information to process, so we wanted to show you everything you need to know about the October 2022 visa bulletin clearly and concisely. 

We sincerely hope that the date on which your visa will be granted is soon and that you can become a legal resident of the United States. Also, we invite you to read all the information exposed carefully.

If, despite this, you still have doubts or do not have a qualified immigration attorney to help you in this process, do not hesitate to contact us through our contacts to analyze your case, look for the best options and successfully execute your case to become a permanent resident of the United States.