October 2022 Visa Bulletin Shows Significant Retrogression For EB-2 India Category – Work Visas

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The U.S. Department of State has released the October 2022 Visa Bulletin, which shows
significant retrogression in the employment-based second preference
(EB-2) category for individuals born in India. The October Visa
Bulletin shows that the EB-2 India Date for Filing will retrogress
by more than two years, from December 1, 2014, to May 1, 2012.

According to the State Department, in fiscal year (FY) 2022 the
agency made rapid forward movement with regard to the EB-2 cut-off
dates for India to maximize the allocated immigrant visa numbers,
which resulted in increased applications in this category. The
increased demand, coupled with the lower visa availability
projected for the India EB-2 category for FY 2023, prompted the
retrogression in an effort to keep visa use within the maximum
allowed under the FY 2023 annual limits.

The State Department also reported heavy demand in the China
EB-5 “Unreserved” category, especially for immigrant visa
issuance at U.S. consulates abroad, and increased demand in the
India EB-5 “Unreserved” category. The increase in demand,
along with the lower number of employment-based visas expected to
be available in FY 2023, triggered significant retrogression in the
China EB-5 “Unreserved” category and the imposition of a
final action cut-off date for the previously current India EB-5
“Unreserved” category.

It is worth noting that USCIS recently confirmed that as of
September 6, 2022, there were “no visas remaining for
applicants from any country of chargeability” in the EB-1 or
EB-2 categories. It appears that USCIS has used nearly all
available employment-based immigrant visas for FY 2022 and will
have exhausted the supply of visas by the end of the month.

Further, as many expected, USCIS announced that it would shift
to accepting adjustment-of-status applications based on the October
2022 Visa Bulletin Dates for Filing Chart, rather than the Final
Action Dates Chart. Since October 1, 2022, is the beginning of the
government’s 2023 fiscal year, the annual supply of immigrant
visas will be at its peak. USCIS will accept adjustment-of-status
applications based on the Dates for Filing Chart, which is normally
earlier than the Final Action Dates Chart.

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