The U.S. Department of State’s October Visa Bulletin identifies the availability of immigrant visas in family and employment-based preference categories. As October marks the start of the new fiscal year, there has been significant anticipation for movement in backlogged categories.
Most positively, the EB-1 preference category became current again for all chargeability categories with the exception of China and India. This means that many extraordinary ability self-petitioners, along with outstanding researchers and certain multinational executives, no longer have a wait period to apply for their green cards. Practically speaking, those individuals under most circumstances can concurrently file for green cards if present in a nonimmigrant status in the United States. Alternatively, if living abroad, these persons may immediately seek their immigrant visas at consulates after USCIS approves their I-140, rather than waiting for the priority date to become current.
The EB-4 preference category, which covers all Special Immigrants, including G-4 retirees, religious workers, special immigrant juveniles and others, advanced some but not much. While a significant change was not expected with the beginning of the new fiscal year (10/1/1023), this means that petitioners in this category will still need to wait years before being able to apply for a green card. This will continue to pose logistical challenges to those who wish to remain in the United States and need to maintain a lawful nonimmigrant status in order to adjust.
Similarly, the F2A preference category, covering spouses and minor children of lawful permanent residents (LPRs), remains backlogged, but did move from a January 1, 2018 final action date to a February 8, 2019 final action date. While the movement forward is also positive, this still practically means that many families in this category will experience prolonged separations of several years and those in nonimmigrant status cannot concurrently adjust their status under this category.
The EB-2 preference category remains backlogged as well, moving only a matter of days from the month prior to its current July 8, 2022, final action date. While this backlog persists, the date of filing – being able to file to adjust status — moved up to January 1, 2023, for applicants from all nations except for China and India who are oversubscribed. This means that that most applicants who submitted their I-140 petition before 2023 can file their adjustment of status application. However, if their I-140 was not filed earlier than July 8, 2022, an immigrant visa will not be able to be issued at this time, and they will need to wait for the priority date to become current to receive lawful permanent residence. Even those qualifying for EB-2 visas through a National Interest Waiver (NIW) are not exempted from these backlogs.
These immigrant visa backlogs keep families apart and put the United States at risk of losing highly skilled workers to other industrialized countries, such as Canada, who have adapted their laws and policies to encourage these same workers to immigrate there.
