USCIS provides updates on October 2022 Visa Bulletin, Retrogression Issues, India EB-2 and EB-3 categories, and CSPA.
Approximately 60,000 unused family-based visas from FY2022 will roll over into the employment-based allocation for FY2023.
All Available Employment-Based Immigrant Visas Will Be Used by the End of FY2023
USCIS stated its intention to use every available visa possible during FY2023.
DOS estimates the employment-based annual limit will be 200,000, considering unused family-based visas from FY2022.
No Visas Remain for Applicants from Any Country of Chargeability in EB-1 and EB-2
On September 6, 2022, USCIS claimed no visas remain for applicants from any country of chargeability in EB1 or EB2.
Retrogression does not affect a priority date or place for an immigrant visa. If a pending adjustment is retrogressed, those individual beneficiaries remain in a period of authorized stay, do not accrue unlawful presence, and continue to be eligible for work authorization, advanced parole, and AC21 portability.
Processing Delays, Including Transfers Based on Workloads and Underlying Basis
In FY2023, USCIS stated it would transfer adjustment applications in the first three employment-based preference categories from the TSC and NSC to the NBC after the petition’s approval.
India EB-2 and EB-3 Categories
The Final Action Dates chart for India EB-2 has retrogressed to April 1, 2012, and the Dates for Filing chart for EB-2 India has retrogressed to May 1, 2012.
EB-3 category for Indian nationals moved forward to April 1, 2012, for final action dates and July 1, 2012, for dates for filing.
Dependent Family Members and Child Status Protection Act Guidance
Generally, derivatives are processed at the same time as the principal beneficiary. However, when a visa number is unavailable for a family member, even though an I-485 is approvable, USCIS will request a visa allocation to DOS. The case will then remain pending until a visa number is available and DOS allocates it. Once the visa has been allocated, the adjustment will finally be adjudicated.
September 27, 2022
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