April 2022
USCIS determined that for April 2022, all family-sponsored preference categories must use the Dates for Filing chart. All employment-based preference categories must use the Dates of Filing chart.
There’s also significant advancement for EB2 India, from Sept 1, 2013 to Sept 1, 2014. Many may have already filed in 2020 / 2021 when they downgraded from EB2 to EB3.
USCIS is encouraging eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first or second employment-based preference categories. See USCIS posts alert and creates inflated expectations over EB I-485 applications. What this means is that if you have a pending I-485 that is currently linked to an approved I-140 EB3, you are encouraged to request that it be re-linked an approved I-140 EB2. The hope is that this will lead to faster adjudication.
March 2022
No major changes since January 2022. For those applying for adjustment of status, you must follow the Dates of Filing chart except for the F2A category.
January 2022
For Adjustment of Status (I-485) filings for January 2022, applicants must use the Dates of Filing chart for both family-based and employment-based categories. The only exception is for the F2A category. Because the category is “current” on the Final Action Dates chart, applicants in the F2A category may file using the Final Action Dates chart.
Employment-based:
EB2 China Final Action Date advances 21 days to 01/22/2019.
EB2 India Final Action Date advances 2 months from 05/01/2012 to 07/08/2012.
There are no changes to the Dates For Filing Chart.
Family-based:
F1 Mexico Final Action Date advances 4 months to 09/08/1999.
F2B Mexico Final Action Date advances 2 months to 09/01/2000.
F3 Mexico Final Action Date advances 2 months to 09/15/1997.
F4 Mexico Final Action Date advances 1 month to 04/22/1999.
December 2021
USCIS has stated that for December 2021 F2A applicants may file with the Final Action Dates chart. Applicants in all other family-sponsored preference categories use the Dates for Filing chart. Outside EB-5, applicants in other employment-based preference categories must use the Dates for Filing chart. See full charts here.
Some highlights:
EB-2 India Final Action Date advances by 6 months from 12/01/2011 to 05/01/2012. If you have an approved I-140 EB3, you may consider whether you qualify for an upgrade to I-140 EB2.
EB-2 China Final Action Date advances by 1.5 months from 11/15/2018 to 01/01/2019. Future advancement at the same rate or lower is expected.
Huge jump forward for EB-3 China other works for both Final Action Date and Date for Filing.
November 2021
For November 2021, USCIS will continue to accept adjustment of status applications for family– or employment-based petitions based on filing dates in all categories except F2A and EB-5.
Some forward movement for EB2 China (5 months). EB3 China retrogresses by 9 months.
EB2 India advances 6 months. EB3 India retrogresses by 2 years.
October 2021
As of September 13, 2021, USCIS has advised that in October 2021, it will accept adjustment of status applications for family– or employment-based petitions based on filing dates in all categories except F2A and EB-5.
No significant movements from last month other than for EB2 China (2 months) and EB2 India (10 months)
***Visa Availability in the Coming Months***
F2A for family will remain current in the near future. EB3 worldwide will soon see a cutoff date. Those with both EB2 and EB3 and who had previously linked their pending I-485 to EB3 may need to relink to EB2. Lastly, EB3 India and China will see retrogression as early as November.
