Visa Bulletin for December 2022

What the State Department said

Employment-based preference annual limit for fiscal year 2023

Preliminary consolidated number use by State and USCIS for all of FY-2022 shows there were approximately 57,000 unused family-sponsored visa numbers. As a result, the estimated employment-based annual limit will be 197,000 for FY-2023.

Visa availability in the employment first category for China and India

Increased demand and number use in the Employment First category, combined with decreased visa number availability for FY-2023 compared to FY-2022, will most likely necessitate the establishment of final action dates and application filing dates for China and India in the coming months to hold number use within the maximum allowed under the FY-2023 annual limits. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

Establishment of employment second preference final action and application filing dates

As readers were warned may happen in Item E of the November 2022 Visa Bulletin, it has become necessary to establish a worldwide Employment Second Preference final action and application filing dates effective in December to hold number use within the maximum allowed under the FY-2023 annual limit. Except for China and India, all countries are subject to a final action date of 01NOV22 and an application filing date of 01DEC22. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

Retrogression of India employment second preference final action and application filing dates for december

Due to heavy applicant demand and significantly lower visa number availability for India E2 for FY-2023, corrective action was taken in October to keep number use within the maximum allowed under the FY-2023 annual limits. However, higher than expected levels of demand in the Employment First and Employment Second categories has materialized this year, and as a result, fewer additional numbers will be available to India in the Employment Second category than originally estimated when the October and November final action and application filing dates were established. Therefore, further corrective action has been necessary to ensure that the limited supply of visa numbers is allocated by priority date in accordance with INA 203(e). The situation will be continually monitored, and any necessary adjustments made accordingly.

Establishment of employment fourth category final action and application filing dates for december

As readers were warned may happen in Item G of the October 2022 Visa Bulletin, high demand in the Employment Fourth category has necessitated the establishment of a worldwide final action date and application filing date for December to hold number use within the maximum allowed under the FY-2023 annual limit. Except for El Salvador, Guatemala, Honduras, and Mexico, all countries are subject to a final action date of 22JUN22 and an application filing date of 22JUL22. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

Visa availability in the employment fourth category for el salvador, guatemala, and honduras

Higher than expected demand in the Employment Fourth category for El Salvador, Guatemala, and Honduras may necessitate corrective action to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

Scheduled expiration of employment fourth preference certain religious workers (SR) category

H.R. 6833, enacted on September 30, 2022, extended the Employment Fourth Preference Certain Religious Workers (SR) category until December 16, 2022. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight December 15, 2022. Visas issued prior to that date will be valid only until December 15, 2022, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat admitted) into the United States no later than midnight December 15, 2022.

The SR category is subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.

If there is legislative action extending this category, the December dates would be applied for the entire month. If there is no legislative action extending this category, the category will become “Unavailable” effective December 16, 2022.

K. FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV