The US department of state’s December visa bulletin has been released, shedding light on the availability of immigrant visas across various employment-based (EB) categories. For applicants, particularly those from India, the bulletin offers insights into limited forward movement in employment-based green card categories while outlining important details regarding final action dates and dates for filing. These dates guide applicants on when to apply for permanent residency or adjust their status.
Employment-based visa categories: A look at the cutoff dates for December
The December visa bulletin highlights the cutoff dates for employment-based (EB) categories, indicating the earliest time applicants can receive visas or have their status adjustment approved.
For Indian nationals:
EB-1 (Priority workers): No changes, with a final action date of February 1, 2022.
EB-2 (Advanced degree professionals): Advanced by two weeks to August 1, 2012.
EB-3 (Professionals and skilled workers): Progressed by one week to November 8, 2012.
EB-3 (Other workers): Matches the EB-3 professionals cutoff date at November 8, 2012.
EB-5 (Immigrant investors): The unreserved categories remain at January 1, 2022, while set-aside categories (Rural, high unemployment, infrastructure) remain current for all countries.
The dates for filing remain unchanged from November, leaving no immediate shifts for applicants under this chart.
Percentage allocation to employment-based categories
The employment-based preference categories allocate immigrant visas as follows:
- Priority workers (28.6%): Individuals with extraordinary abilities, outstanding professors, or multinational executives.
- Advanced degree professionals (28.6%): Individuals with advanced degrees or exceptional skills.
- Skilled/unskilled workers and professionals (28.6%).
- Special immigrants (7.1%): Religious workers, US armed forces members, and others.
- Employment creation (7.1%): Investors in rural, high-unemployment, and infrastructure projects.
Adjustment of status applications: Pending USCIS decision
The US citizenship and immigration services (USCIS) will announce whether the final action dates or dates for filing chart will be used for December adjustment of status applications. Applicants should monitor the USCIS Visa Bulletin webpage for updates, as this will impact their filing eligibility.
What are final action and dates for filing
The earliest date when applicants can submit adjustment of status or immigrant visa applications is known as the date for filing.
The expected approval timeframe for permanent residency applications, based on visa category and nationality, is known as the final action date.
Family-sponsored immigrant visas: Key updates
The December visa bulletin also provides insights into the family-sponsored immigrant visa process, which allows family members of US citizens and permanent residents to obtain green cards. The allocation of immigrant visas for family-sponsored categories is largely driven by priority dates and demand. When demand exceeds the number of available visas, a category may become oversubscribed, which results in the establishment of a final action date.
- F1 (Unmarried sons and daughters of US citizens): Final action date for India is set at October 22, 2015 (unchanged).
- F2A (Spouses and children of permanent residents): The cutoff date for India advances to January 1, 2022, up from November 22, 2021.
- F2B (Unmarried sons and daughters of permanent residents): The final action date remains unchanged at May 1, 2016.
- F3 (Married sons and daughters of US citizens): The final action date for India moves forward to April 15, 2010, from April 1, 2010.
- F4 (Siblings of adult US citizens): The final action date for India advances to March 8, 2006, from March 1, 2006.
Family-sponsored green cards: Final action and filing dates
For family-sponsored green cards in India, the dates for filing as per the visa bulletin are as follows: The F1 category remains unchanged at September 1, 2017. The F2A category has advanced slightly to July 15, 2024, from June 15, 2024. The F2B category remains steady at January 1, 2017. The F3 category shows an adjustment, moving to April 22, 2011, from July 1, 2011. Lastly, the F4 category advances to August 1, 2006, from June 15, 2006.
The final action dates for family-sponsored green cards for applicants from India have been updated as follows: The F1 category remains unchanged at October 22, 2015. The F2A category has advanced to January 1, 2022, from November 22, 2021. The F2B category remains steady at May 1, 2016. The F3 category shows slight progress, moving to April 15, 2010, from April 1, 2010. Lastly, the F4 category advances to March 8, 2006, from March 1, 2006.
Employment-based green cards: Final action dates
The final action dates for employment-based green cards for India have been updated as follows: For the 1st preference category, the date remains unchanged at February 1, 2022. The 2nd preference category has moved to August 1, 2012, from July 15, 2012. The 3rd preference and other workers categories are now at November 8, 2012, an advancement from November 1, 2012. The 4th preference and certain religious workers categories remain unchanged at January 1, 2021. For the 5th preference, unreserved (including C5, T5, I5, and R5), the date remains January 1, 2022. The 5th set-aside categories for rural (20%), high unemployment (10%), and infrastructure (2%) are all listed as current.
Employment-based green cards: Dates for filing
For employment-based green cards, the dates for filing for applicants from India are as follows: In the EB-1 category, the date is set at April 15, 2022, advancing slightly from April 14, 2022. The EB-2 category remains unchanged at January 1, 2013, and the EB-3 category, including other workers, also stays the same at June 8, 2013. For EB-4 applicants, including certain religious workers, the cutoff date remains February 1, 2021. In the EB-5 unreserved category (covering C5, T5, I5, and R5), the date is unchanged at April 1, 2022. Meanwhile, the EB-5 set aside categories for rural (20%), high unemployment (10%), and infrastructure (2%) remain current, meaning no backlog exists for these specific classifications.
