Offices in Dallas (Main Office) & Houston, Texas

Current November 2022 Visa Bulletin Trend and U.S. Department of Labor Processing Times

  1. U.S. Department of State Visa Bulletin for November 2022 and USCIS Adjustment of Status Filing Charts

According to the U.S. Department of State recently released Visa Bulletin for November 2022, there has been movement for the Date of Filing, but there has been a little movement in the Final Action Dates, as seen in the below charts from November 2022 Visa Bulletin:

  1. Final Action Dates for Family-Sponsored Preference Cases:
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-mainland 
born
INDIAMEXICOPHILIPPINES 
F101DEC1401DEC1401DEC1415NOV0001MAR12
F2ACCCCC
F2B22SEP1522SEP1522SEP1501JUN0122OCT11
F322NOV0822NOV0822NOV0801NOV9708JUN02
F422MAR0722MAR0715SEP0501AUG0022AUG02

Please note, there are following Family Based Categories:

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

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. (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. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

  1. Dates for Filing Family-Sponsored Visa Applications:  
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-
mainland 
born
INDIAMEXICOPHILIPPINES 
F108AUG1608AUG1608AUG1601DEC0222APR15
F2ACCCCC
F2B01JAN1701JAN1701JAN1701JAN0201OCT13
F308NOV0908NOV0908NOV0915JUN0108NOV03
F415DEC0715DEC0722FEB0601APR0122APR04
  1. Final Action Dates for Employment-Based Preference Cases 
Employment-
based
All Chargeability 
Areas Except
Those Listed
CHINA-
mainland 
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIAMEXICOPHILIPPINES
1stCCCCCC
2ndC08JUN19C01APR12CC
3rdC15JUN18C01APR12CC
Other Workers01JUN2001DEC1201JUN2001APR1201JUN2001JUN20
4thCC15MAR18C15SEP20C
Certain Religious WorkersCC15MAR18C15SEP20C
5th Unreserved
(including C5, T5, I5, R5)
C22MAR15C08NOV19CC
5th Set Aside:
Rural (20%)
CCCCCC
5th Set Aside:
High Unemployment (10%)
CCCCCC
5th Set Aside:
Infrastructure (2%)
CCCCCC

                       C – Means Current and U – Means Unauthorized for Issuance.

Please note, there are following Employment Based Green Card Categories:

First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

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.

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”.

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

  1. Dates for Filing of Employment-Based Visa Applications
Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland 
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIAMEXICO PHILIPPINES 
1stCCCCCC
2ndC08JUL19C01MAY12 CC
3rdC15JUL18C01JUL12CC
Other Workers08SEP2201NOV1508SEP2201JUL1208SEP2208SEP22
4thCC15APR18C15OCT20C
Certain Religious WorkersCC15APR18C15OCT20C
5th Unreserved
(including C5, T5, I5, R5)
C01JAN16C08DEC19CC
5th Set Aside:
(Rural – 20%)
CCCCCC
5th Set Aside:
(High Unemployment – 10%)
CCCCCC
5th Set Aside:
(Infrastructure – 2%)
CCCCCC
  • U.S. Department of Labor Processing Times

The U.S. Department of Labor recently posted processing times for the Prevailing Wage Determination along with other requests. The Prevailing Wage Determination request (PWD) needs to be filed with the DOL and the same needs to be certified by the DOL prior to the submission of the PERM Application. The Prevailing Wage Determination is the first step in the PERM Process. Also, per the Prevailing Wage Determination Processing Times published by DOL in the below chart, the PWD request is backlogged.

Processing QueueOES Receipt DateiNon-OES Receipt Datei
CW-1July 2022N/A
H-1BJanuary 2022February 2022
H-2BJuly 2022May 2022
PERMJanuary 2022December 2021
RedeterminationsH-1B: April 2022 PERM: April 2022
Center Director ReviewsCW-1: None Pending H-1B: None Pending H-2B: July 2022 PERM: July 2022

The above dates reflect the month and year in which applications were filed (request date) or submission date of the appeal request for Redeterminations or Center Director Review. 

In addition, the PERM Processing times are as follows:

Processing QueuePriority Date
Analyst ReviewFebruary 2022
Audit ReviewNovember 2021
                                  Reconsideration Request to the COMay 2022

Disclaimer

This article aims to provide new information concerning current US DOL Processing times and November  2022 visa bulletin. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).

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