The U.S. State Department has just released the October 2022 Visa Bulletin which is the offset Visa Message for the FY2018 fiscal year. The headline in the upcoming calendar month's Visa Bulletin is fact that this is the first bulletin for the new fiscal year.   EB-one and EB-2 ROW are current again while EB-ii Bharat and China advance very slowly.  EB-3 Communist china accelerate significantly to have a more favorable cutoff date than EB-two Prc which creates favorable conditions for EB-2 to EB-3 Red china downgrades.

Summary of the October 2022 Visa Bulletin – Employment-Based (EB)

EB Category Oct 2017 Sep 2017 Modify
Employment Awarding Final Action Dates (determines when an I-485 or IV tin be approved)
EB-1 ROW, MX, PH Electric current Current No alter
EB-1 India Current Jan 1, 2012 Back to "Electric current"
EB-i China Current Jan ane, 2012 Back to "Current"
EB-2 ROW, MX, PH Current Jan 1, 2016 Back to "Electric current"
EB-2 India Sep 15, 2008 Aug 22, 2008 Forward by 3 weeks
EB-ii China May 22, 2013 May xv, 2013 Forwards by 1 week
EB-3 ROW Current Current No alter
EB-3 India Oct 15, 2006 Oct 15, 2006 No change
EB-3 Prc January 1, 2014 Jan 1, 2012 Forward past 2 years
EB-3 United mexican states Electric current Current No change
EB-three Philippines Dec 1, 2015 November 1, 2015 Forward by 1 month
Dates for Filing Employment Visa Applications (determines when an I-485 tin exist filed)
USCIS will determine and announce within a week – please check back.
EB-1 Current Current No change
EB-two ROW, MX, PH Current Current No change
EB-2 Republic of india February 8, 2009 February 1, 2009 Forward by 1 week
EB-2 China November 15, 2013 Oct ane, 2013 Forward past 1 month
EB-3 ROW Current Current No modify
EB-3 Bharat Jan 1, 2008 January one, 2007 Frontward by 1 year
EB-3 China Sep ane, 2015 Sep 1, 2015 No change
EB-3 Mexico Current Current No change
EB-3 Philippines Aug 1, 2016 Jan 1, 2016 Frontwards by 7 months

Please note that USCIS will determine, about a week after this Visa Bulletin is published, whether or not to accept I-485 filings on the ground of these filing dates. Please see the section below.

Summary of the October 2022 Visa Bulletin – Family-Based (FB)

FB Category Sep 2017 Sep 2017 Modify
Family Awarding Final Action Dates (determines when an I-485 or Four tin be approved)
FB-1 ROW, China, Republic of india December 22, 2010 May one, 2010 Forward by seven months
FB-1 Mexico Mar 1, 1996 Feb 1, 1996 Forward by 1 month
FB-1 Philippines Jan one, 2007 January 1, 2007 No change
FB-2A ROW, China, Bharat, Philippines Oct 22, 2015 October ane, 2015 Forward by iii weeks
FB-2A United mexican states October 15, 2015 Sep 22, 2015 Forward by 3 weeks
Dates for Filing Family Visa Applications (determines when an I-485 tin be filed)
USCIS will determine and announce within a week – please check back.
FB-one ROW, China, India Jan 1, 2012 Jul 22, 2011 Forward by 5 months
FB-1 Mexico November 1, 1996 Apr 1, 1996 Forward by 7 months
FB-1 Philippines Oct 1, 2007 Sep 8, 2007 Forward by three weeks
FB-2A ROW, China, India, Philippines Nov 1, 2016 Apr 8, 2016 Frontward by 7 months
FB-2A Mexico Nov i, 2016 April 8, 2016 Forwards by 7 months

Please note that USCIS will determine, well-nigh a week after this Visa Bulletin is published, whether or not to accept I-485 filings on the footing of these filing dates. Delight see the department below.

October 2022 Visa Bulletin + New Financial Year = Avant-garde Cutoff Dates for Many

Every bit expected, the Oct 2022 Visa Bulletin advances many of the cutoff dates which were either retrogressed or had a cutoff date introduced over the previous few months.   As the new fiscal yr begins on October one, the government has the unabridged new fiscal year's supply of immigrant visas and, as we expected, the cutoff dates have accelerate notably for many categories in the October 2022 Visa Bulletin.

EB-1 and EB-two ROW/Mexico/Philippines Back to Current

Equally we anticipated for the first month of the new financial year, the cutoff dates for the EB-ane (all countries) and EB-ii for Worldwide, Mexico and Philippines categories are dorsum to "Electric current."

Over the by years, we take consistently observed that the Department of State introduces a cutoff date for the last two or 3 months of the fiscal year but then the dates go dorsum to being "Current" on October 1.   This yr repeats this pattern and now EB-i and EB-2 ROW, United mexican states and Philippine candidates tin can either file I-485 or complete their pending green carte process.

Terminal Action Dates for EB-three Prc Ahead of EB-2 China – Favorable Conditions for Downgrading

Clients and readers who are interested in EB China volition note that EB-iii China has (again) a more favorable cutoff appointment than EB-ii China by about 7 months (EB-3 China is at January 1, 2014 while EB-2 China is at May 22, 2013).    This is similar to what happened in 2022 and then in 2022 when EB-3 People's republic of china was more favorable and when our office handled many cases for Chinese nationals who are EB-2 applicants and who were able to downgrade to EB-3 and file their I-485 adjustment of condition.

Hither'southward how this can work:  an EB-2 China applicant can seek to "downgrade" their preference category, while retaining their priority date, in gild to have a current priority date under the EB-iii category and to be able to file their I-485 application.   Equally a background, many EB-2 PERM Labor Certifications are drafted in a style assuasive the subsequent filing of an EB-3 I-140 petition on the ground of the same PERM — thereby retaining the priority date under the EB-3 category.    It is possible to use a PERM which has already expired if it has been used in support of a previous I-140 and in many cases it is even possible to file a new EB-3 I-140 filing under premium processing.   Equally a issue, if the premium processing request is accustomed, it may exist possible to obtain an canonical downgraded and electric current EB-three I-140- within a few weeks, and and so promptly seek to file I-485 adjustment of condition which provides additional benefits such as contained work potency (for family members likewise) plus AC21 job portability after 180 days.

We caution our clients and readers, peculiarly the China employment-based applicants, that the historic average fourth dimension for an EB-3 China priority engagement to become electric current and for a light-green menu under this category to be canonical is all the same higher than the historic average look fourth dimension under EB-two.   Equally a upshot, even if it is possible that an EB-3 "downgrade" may permit the I-485 filing, we still believe that ultimately, an EB-2 China application may still take slightly less fourth dimension to approve.   Even so, for many applicants, the benefit of early I-485 filing may be worth information technology to get through the EB-3 "downgrade" process.

Our part is happy to consult applicants who are in this situation and are because filing nether EB-three to take advantage of the more advanced EB-three China cutoff dates.   Please contact us if nosotros can aid.

Visa Bulletin Predictions – Employment-Based

The October 2017 Visa Bulletin provides some predictions and expectations for move of visa numbers over the next few months.   Please annotation that these are brusque-term predictions and depending on the number of applications as a event of the adjacent few months' visa numbers, the charge per unit of cutoff appointment movement may change.

EB-1.   Expected to remain electric current.

EB-two Rest of Globe (ROW).  Expected to remain current.

EB-two India.  Expected to advance by upwards to i month per month.

EB-2 China. Expected to accelerate past upward to four weeks per month.

EB-three Residual of Globe (ROW).  Expected to remain current.

EB-3 India.  Expected to have very express forward movement.

EB-3 China.  Expected to advance by up to four months per month.

EB-3 Mexico.  Expected to match the EB-3 ROW level.

EB-3 Philippines.  Expected to accelerate by up to two months per month.

Current Date?

Our office stands ready to assist in the applicable procedure to take advantage of the significant restructuring in the way the cutoff dates are determined and published.  At that place are many applicants across many of the employment and family categories who can at present process their (and their family unit members') I-485 Adjustment of Condition applications from within the U.S. or procedure their immigrant visa at a U.Due south. Consulate abroad.

Please exercise non hesitate to contact united states if our office can help you have advantage of this (very time-sensitive for some) opportunity to file I-485 applications. We are too happy to provide a free quote for preparing and filing your I-485 application.

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics. Nosotros also invite you to contact united states if our part tin can be of whatsoever assistance in your immigration matters or you lot have any questions or comments about the Oct 2022 Visa Bulletin. Finally, if you already haven't, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a item priority appointment may become current and what are the movement patterns.