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CURRENT U.S. DEPARTMENT OF LABOR PROCESSING TIMES AND OCTOBER 2022 VISA BULLETIN TREND

A.  FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are authorized for issuance to all qualified applicants; and “U” means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-mainland 
born
INDIAMEXICOPHILIPPINES 
F101DEC1401DEC1401DEC1415MAR0001MAR12
F2ACCCCC
F2B22SEP1522SEP1522SEP1501APR0122OCT11
F322NOV0822NOV0822NOV0815OCT9708JUN02
F422MAR0722MAR0715SEP0501JUN0022AUG02
  • B.  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 

Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-
mainland 
born
INDIAMEXICOPHILIPPINES 
F108AUG1608AUG1608AUG1601DEC0122APR15
F2ACCCCC
F2B01JAN1701JAN1701JAN1708AUG0101OCT13
F308NOV0908NOV0908NOV0915APR0108NOV03
F415DEC0715DEC0722FEB0615MAR0122APR04

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: 

A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are authorized for issuance to all qualified applicants; and “U” means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

Employment-
based
All Chargeability 
Areas Except
Those Listed
CHINA-
mainland 
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIAMEXICOPHILIPPINES
1stCCCCCC
2ndC08JUN19C01APR12CC
3rdC15JUN18C01APR12CC
Other Workers01JUN2001SEP1201JUN2001APR1201JUN2001JUN20
4thCC15MAR18C15SEP20C
Certain Religious WorkersUUUUUU
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

B.  DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. 

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

C. RETROGRESSION OF CHINA-MAINLAND BORN FINAL ACTION DATE AND IMPOSITION OF INDIA FINAL ACTION DATE IN THE EMPLOYMENT-BASED FIFTH PREFERENCE UNRESERVED CATEGORIES (INCLUDING C5, T5, I5, AND R5) 

It was necessary to retrogress the final action date for the China-mainland born Employment-Based Fifth Preference unreserved categories due to heavy demand for numbers, primarily for visa issuances abroad.  In addition, sufficient India demand has materialized in the Employment-Based Fifth Preference unreserved categories to require the imposition of a final action date for October. Heavy China-mainland born and India demand along with lower visa number availability for FY-2023 as compared to FY-2021 and FY-2022 has made these corrective actions necessary to keep number use within the maximum allowed under the FY-2023 annual limits.  The situation will be continually monitored, and any necessary adjustments made accordingly.

D.  RETROGRESSION OF INDIA EMPLOYMENT SECOND PREFERENCE (E2) FINAL ACTION AND APPLICATION FILING DATES FOR OCTOBER

Rapid forward movements of the India E2 final action and application filing dates during FY-2022 were made to maximize number use under the unprecedented high employment limit of 281,507. As a result, heavy applicant demand has materialized and coupled with significantly lower visa number availability for India E2 for FY-2023 as compared to FY-2022, corrective action was required to keep number use within the maximum allowed under the FY-2023 annual limits.  The situation will be continually monitored, and any necessary adjustments made accordingly.

E.  FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV

F. PREVAILING WAGE DETERMINATION PROCESSING TIMES (as of 8/31/2022)

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

Disclaimer

This article aims to provide new information concerning US DOL Processing time and October 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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