Visa Bulletin for February 2022

What the State Department said

Expiration of the employment-based fifth preference i5 and r5 regional center visa categories

Division O, Title 1, Section 104 of the Consolidated Appropriations Act, 2021 extended the immigrant investor pilot program until June 30, 2021. No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases after June 30, 2021.

The final action dates for the I5 and R5 categories have been listed as “Unavailable” for February.

If there is legislative action extending this category for February, the final action dates would immediately become “Current” for February for all countries except China-mainland born I5 and R5, which would be subject to a November 22, 2015 final action date.

Availability of employment-based fourth preference numbers

High demand in the Employment Fourth category may necessitate the establishment of a worldwide final action date in the coming months to hold number use within the maximum allowed under the Fiscal Year 2022 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

El Salvador, Guatemala, and Honduras: As mentioned above, the rate of demand has increased primarily for adjustment of status cases and will require corrective action as early as March to hold number use within allowable limits.

Mexico: If number use continues to increase then corrective action may be necessary in the coming months.

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

H.R. 6119, “Further Extending Government Funding Act” extended the Employment Fourth Preference Certain Religious Workers (SR) category until February 18, 2022. Pursuant to the continuing resolution, the non-minister special immigrant program expires on February 18, 2022. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight February 17, 2022. Visas issued prior to this date will only be issued with a validity date of February 17, 2022, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight February 17, 2022.

The SR category is listed as current for all countries for February except El Salvador, Guatemala, and Honduras, which are subject to a March 15, 2019 final action date, and Mexico, which is subject to an April 1, 2020 final action date.