Visa Bulletin December 2022

The December 2022 Visa Bulletin is now available. The new tables include dates for consular filing and final visa issuance action by U.S. embassies or consulates.

If you want to see the tables of the Visa Bulletin December 2022 on Filing for Adjustment of Status (immigrant visa applications filed within the U.S.) of the U.S. Citizenship and Immigration Services (USCIS) click here.

What is the Visa Bulletin?

Each month, the U.S. Department of State publishes a report that specifies the availability and priority date of immigrant visas that are ready for processing and establishes the cut-off date after which visas will no longer be available for each visa category.

The Visa Bulletin The program orders applicants' priority dates according to visa categories: family-based, employment-based, and diversity visa program (visa lottery) petitions. It also updates the dates for the various categories based on the immigrants' countries of origin, the number of visas that have been issued so far, and an estimate of the demand for visas. Information in the Visa Bulletin may change from month to month.

It is useful to find out how much of a delay there is for different types of visa applications. This monthly visa bulletin serves as a guide for the National Visa Center (NVC) for visa processing and visa issuance in the United States. U.S. consulates and embassies.

USCIS also uses the Visa Bulletin to determine whether it can accept or adjudicate an Application to Register Permanent Residence or Adjust Status. If you are waiting your turn for a visa, this document allows you to monitor and check the progress, delay, or non-movement of deadlines to know when your priority date is being processed.

How to read the December 2022 Visa Bulletin priority tables and dates

The U.S. Department of State and USCIS publish two tables for all visa preference categories with the following information: In sections where a "C" is marked, it means that the category is current or available, and applications may be filed regardless of the applicant's priority date.

If your priority date is current, you may apply for a visa when you meet the requirements. In sections where a "U" is marked, it means that the category is "not current" or "unavailable," and that "no" applications may be filed regardless of the applicant's priority date. Final Action Dates: dates on which immigrant visas can finally be issued.

Dates for Filing: earliest date a person can file an application for a visa. An immigrant's country of birth is also a factor in determining visa availability. The NVC notifies immigrants by email or regular mail about how to apply for a visa through the consular channel. You should review and follow their instructions carefully.

Visa Bulletin December 2022

These are the tables of the Visa Bulletin for December 2022 of the U.S. Department of State published for cases based on the family, employment and the fiscal year 2023 visa lottery:

Final Action Dates for Family Based Case Requests

Types of Family Preference

• First preference (F1): unmarried children, over the age of twenty-one, of U.S. citizens.
• Second preference A (F2A): spouses of permanent residents and unmarried children, under the age of twenty-one, of permanent residents.
• Second preference B (F2B): unmarried children, over the age of twenty-one, of permanent residents.
• Third preference (F3): married children of U.S. citizens, their spouses and unmarried children under the age of twenty-one.
• Fourth preference (F4): Siblings of U.S. citizens, their spouses and unmarried children under 21 years of age.

All countries except those listed

Family-based preference	All countries except those listed	MEXICO
F1	01DEC14	15NOV00
F2A	C	C
F2B	22SEP15	01JUN01
F3	22NOV08	15NOV97
F4	22MAR07	01AGO00

Mainland China, India and the Philippines

Dates for submitting family-based case applications

All countries except those listed

Mainland China, India and the Philippines

Final action dates for employment-based case applications

Types of Employment Preference:

• First preference (EB-1): priority workers.
• Second preference (EB-2): professionals with advanced degrees and persons of exceptional ability.
• Third preference (EB-3): skilled workers, professionals and unskilled workers.
• Fourth preference (EB-4): certain special immigrants.
• Fifth preference (EB-5): immigrant investors.

All countries except those listed

Mainland China, India and the Philippines

Dates for submitting applications for employment-based cases

All countries except those listed

Mainland China, India and the Philippines

How to read the table of cases based on the FY 2023 Diversity Visa Program (DV, visa lottery).

Below are the allocation cut-off numbers for diversity visas, based on region or eligible countries, for applicants who meet all requirements. When a maximum number is shown, it means that there are only visas available for DV applicants below the number specifically allocated in the region.

The person who "wins the lottery" is only entitled to receive immigrant status in the DV category until the end of the visa fiscal year for which he or she was selected. For all applicants registered in the FY 2023 visa lottery, that entitlement ends on September 30, 2023. DV visas may not be issued to DV-2023 lottery participants after that date.

This also applies to the spouses and children of the winners of the fiscal year 2023 visa lotteryThe DV visas are only eligible for derivative DV status until September 30, 2023. There can be no guarantee that DV visas will be available until the end of fiscal year 2023, because they could be exhausted before September 30, 2023.

Dates for submitting applications for cases based on the FY 2023 visa lottery by December 2022

Dates for submitting FY 2023 visa lottery-based case applications by January 2023

Additional information and forecasts

Annual cap for employment-based preference in fiscal year 2023.

Based on the preliminary utilization of numbers by the State Department and USCIS for all of FY 2022, there were about 57,000 family-sponsored visa numbers that were "not" utilized. Because of this, it is believed that the annual employment-based cap for FY 2023 will be 197,000.

Visa availability for China and India in the first preference for employment

Due to increased demand and use of numbers in the employment first category and fewer visas available for FY 2023 compared to FY 2022, it is likely that China and India will need to establish final action dates and filing dates in the coming months to keep number use within the annual limits for FY 2023. The State Department will be monitoring this issue and changes will be made as necessary.

Establishment of the final action of second preference for employment and dates for submission of applications

As readers have been warned that this could happen in item E of the November 2022 Visa BulletinAs of December, it has become necessary to establish final action and filing dates for Second Employment Preference applications worldwide to keep the use of numbers within the maximum allowed by the FY 2023 annual limit.

Except for China and India, the final action date is November 1, 2022, and the filing date is December 1, 2022. The State Department will be monitoring this matter and changes will be made as necessary.

Backdating of final action and filing dates for Indian second preference employment applications for December.

Due to the high number of applicants and a much lower number of visas in India's second preference employment category available for FY2023, appropriate measures were taken in October to keep the number of visas used within the annual limits for FY2023. But this year, there was more demand in the first and second preference employment categories than expected.

As a result, India will get fewer additional visas in the Tier 2 employment category than was thought when the October and November deadlines were set for final action and submission of applications. Therefore, more needed to be done to ensure that the limited number of visas are distributed based on priority date, as required by immigration law. The State Department will be attentive to this issue and changes will be made as necessary.

Establishment of the fourth category of employment final action and application dates for December

As readers were warned in item G of the October 2022 Visa BulletinThe high demand in the fourth category employment category has made it necessary to set a final action date and global filing date for December in order to keep the number of visas used within the annual cap for fiscal year 2023.

With the exception of El Salvador, Guatemala, Honduras and Mexico, a final action date of 22JUN22 and a filing date of 22JUL22 applies to all countries. The Department of State will be monitoring this matter and changes will be made as necessary.

Visa availability for El Salvador, Guatemala and Honduras in the fourth category of employment

Higher than expected demand in the fourth employment category for El Salvador, Guatemala and Honduras may require corrective action to keep the use of numbers within the maximum allowed by the FY 2023 annual cap. The State Department will be attentive to this issue and changes will be made as necessary.

Scheduled expiration of fourth-preference employment category for certain religious workers (SR)

The fourth preference employment category for certain religious workers (SR) has been extended through December 16, 2022, thanks to H.R. 6833, which was signed into law on September 30, 2022. As of December 16, 2022, no SR visas may be issued abroad and no final decisions on adjustment of status cases may be made. Visas issued before December 16, 2022 will only be valid until December 15, 2022.

Any person seeking to come to the United States as a nonministerial special immigrant must be admitted to the country no later than December 15, 2022. The same final action dates apply to the SR category as to the other fourth preference employment categories, depending on the foreign status of chargeability. If a law is passed to make this category last longer, the December dates would be used for the entire month. If the U.S. Congress does nothing to keep this category open, it will become "Unavailable" on December 16, 2022.

Immigration consultation

Anyone who has questions about U.S. immigration law, including how to read the Visa Bulletin and apply for an immigrant visa through consular channels or adjustment of status, should immediately consult with a licensed and experienced U.S. immigration attorney to determine their legal immigration options. Avoid being victim of immigration fraud and never consult with notaries, immigration consultants, paper-fillers, multi-services and others. unlicensed persons to obtain immigration legal advice.

Dr. Nelson A. Castillo is an immigration attorney with over 20 years of legal experience and author of La Tarjeta Verde: Cómo Obtener la Residencia Permanente en los Estados Unidos (Green Card: How to Obtain Permanent Residence in the United States). He is a former President of the Hispanic National Bar Association and the Westlake South Los Angeles Neighborhood Council. For information on how to consult with Dr. Castillo, click here. click here.