USDOS Releases April 2022 Visa Bulletin – Significant Advancement in EB-2 India “Filing Date” Category

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USDOS Releases April 2022 Visa Bulletin – Significant Advancement in EB-2 India “Filing Date” Category

by Lisa York

by Lisa York

The US Department of State (USDOS) has released the April 2022 Visa Bulletin.  For the month of April 2022, the priority date cutoff for the EB-2 India “dates for filing” category has advanced significantly.   USCIS has also indicated that for the month of April 2022, it will be accepting I-485 applications based on the “dates for filing” chart.  For a variety of reasons, more immigrant visas are available in the EB-2 category this fiscal year.  Thus, USCIS is predicting a record number of immigrant visa approvals in the EB-2 category between now and September 30, 2022.  In comparison, the EB-3 India category has retrogressed and is not expected to advance as quickly as the EB-2 category for the foreseeable future.  USCIS is encouraging those who are eligible, including those who filed EB-3 downgrade I-140 petitions with I-485 applications, to apply in the EB-2 category as soon as possible.   Per recent USCIS guidance, one can only transfer a pending EB-3 I-485 application to an approved/pending EB-2 I-140 petition if their priority date is current in the EB-2 India “final action” date category. Thus, for those with priority dates that are current under the EB-2 India “filing date” category, but are not current under the EB-2 India “final action” date category, the only option at this time is to file a 2nd I-485 application based on the pending/approved EB-2 I-140 petition. Given the expected high demand in the EB-2 India category, it is likely that the EB-2 India category will retrogress significantly before September 30, 2022.  The benefit of proceeding with a 2nd I-485 application is that going forward those who have filed I-485 applications in both categories will have maximized their chances of being approved for permanent residence as quickly as possible.  For more information on these options or to discuss your individual circumstances, please contact us to schedule a consultation appointment. 

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