Application Final Action Dates for Family-sponsored Preference Cases Meaning
It is that time of the month once again! In this blog post, we will cover the release of the January Visa Bulletin 2022 and what you lot can expect for employment based and family preference categories during the month of Jan 2022.
The Department of Land releases the visa bulletin on a monthly ground, which summarizes the availability of immigrant visa numbers for that particular month. The "Terminal Activeness Dates" and "Dates for Filing Applications," charts signal when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.
Adjustment of Status Filings for those lawfully residing in the United States
In full general, if USCIS determines there are more immigrant visas bachelor for a fiscal year than at that place are known applicants for such visas, the agency will provide instructions on theworld wide web.uscis.gov/visabulletininfo webpage that applicants may utilize the Dates for Filing nautical chart. Otherwise, USCIS will signal that applicants must use the Final Activeness Dates chart to determine when they may file their aligning of status application with USCIS. If a particular immigrant visa category is "current" on the Last Action Dates chart or the cutoff date on the Final Action Dates nautical chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Concluding Action Dates nautical chart during that calendar month.
Aligning of Status Filing Chart Jan 2022
For Family-Sponsored Filings:
Pursuant to guidance released by USCIS, in the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is "current" on the Terminal Action Dates chart. This ways thatapplicants in the F2A category merely may file using the Final Action Dates Chart in the Section of Land Visa Bulletin for January 2022.
For all other family-sponsored preference categories, applicants must employ the Dates for Filing Chart in the Department of Land Visa Bulletin for January 2022.
For Employment-Based Preference Filings:
All applicants, except EB-five Regional Center, falling under employment-based preference categories, must apply theDates for Filing chart in the Department of Land Visa Bulletin for January 2022. This ways that USCIS will take employment-based adjustment of status applications (except EB-5 Regional Middle) with a priority engagement that is earlier than the Dates for Filing listed in the November Visa Bulletin.
NOTE:USCIS will non take whatsoever new employment-based 5th preference adjustment of condition applications based on the Regional Center Program until that program is reauthorized by Congress.
- USCIS January 2022 Aligning of Status Filing Charts
January 2022 Visa Bulletin Final Action Cutoff Dates
Employment Based Categories
Final ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State's Jan 2022 Visa Bulletin, the following concluding cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:
- EB-ane:All countries, including India and China, will remain electric current.
- EB-2: India will advance by 9 weeks to July 8, 2012, and China volition accelerate by 3 weeks to Jan 22, 2019. All other countries will remain current.
- EB-iii Professionals and Skilled Workers: EB-3 India and China volition remain the aforementioned as the previous month at Jan 15, 2012 and March 22, 2018 respectively. All other countries will remain electric current.
- EB-v: The Non-Regional Center plan will be current for all countries, including Communist china. The Regional Center program has expired and is listed as unavailable in the January 2022 Visa Message. If reauthorized, the Regional Center plan will mirror the Non-Regional Center final action dates.
DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CATEGORIES
Family Sponsored Categories
According to the Section of Land's January 2022 Visa Bulletin, the post-obit final cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories:
FINAL ACTION DATES FOR Family-SPONSORED PREFERENCE CASES
DATES FOR FILING FOR Family unit-SPONSORED PREFERENCE CASES
Touch on of President Biden's Rescission of Annunciation 10014 on the Issuance of Immigrant Visas
In Feb of this twelvemonth, President Biden made the determination torescind Presidential Proclamation 10014 and lift the temporary suspension on the issuance of visas for well-nigh immigrant and nonimmigrant visa categories, even so the operational chapters at U.S. Embassies and Consulates worldwide remains limited due to COVID-19 safety concerns.
The Department of State hassaid that while some Embassies are prioritizing immigrant visa scheduling for spouses of U.Due south. Citizens, public health and safety concerns remain paramount. Moreover, U.Due south. Embassies and Consulates are facing substantial backlogs due to the break of most visa operations.
Applicants who were previously subject to the immigrant visa ban under Announcement 10014 may go on with pre-processing of their applications, withal their cases will not exist scheduled for an interview until Embassies and Consulates return to routine operational capacity. This will likely take fourth dimension therefore applicants should expect long delays. Those who were previously refused under the Immigrant Visa ban must wait for further education from the U.Due south. Consulate handling their awarding.
The Expiration of the EB-5 Regional Center Program
The EB-five Regional Center programme expired on June xxx, 2021 and is therefore listed every bit "unavailable" in the January 2022 Visa Bulletin. Absent legislative activity in Congress to reauthorize the program, immigrant visa issuance and adjustment of status adjudications under this category will be halted every bit of the shut of business on June thirty, 2021. Bills to reauthorize the Regional Center program are still pending in Congress, and nosotros do not yet know what the outcome of this legislation will exist. All updates on approved legislation volition be provided right hither on our blog. Discussions to resuscitate the plan remain ongoing before Congress.
For the latest information on the status of the EB-five Regional Centre program please clickhere.
Every bit a reminder EB-5 applications that were not submitted as part of the Regional Center program remain unaffected.
Questions? If you would like to schedule a consultation, please text 619-483-4549 or phone call 619-819-9204.
Helpful Links
- January 2022 Visa Message
- December 2021 Visa Bulletin
- Aligning of Status Filing Dates from Visa Bulletin
- DOS Q&A Session with Charlie Oppenheim Nov 2021 Visa Bulletin Projections and Beyond
- DOS Q&A Session with Charlie Oppenheim October 2021 Visa Bulletin Projections and Beyond
- DOS Q&A Session with Charlie Oppenheim September 2021 Visa Bulletin Projections and Across
- Chats with Charlie YouTube Channel
- Blog Post: Rescission of P.P. 10014
- Blog Postal service: What is happening with the EB-5 Regional Center Program?
- Immigrant Visa Backlog Report
- DOS Visa Services Operating Status Update
- ImmigrationLawyerBlog
- ImmigrationU Membership
- Success stories
- Youtube channel
- ImmigrationU
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For other COVID xix related immigration updates please visit our Immigration and COVID-nineteen Resource Centerhere.
Source: https://www.visalawyerblog.com/your-guide-to-the-january-2022-visa-bulletin-what-to-expect-and-more/
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