October 2022 Visa Bulletin Shows Significant Retrogression for EB-2 India Category

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.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to these and other policy changes and will post updates on the Immigration blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.