Visa Bulletin December 2022 (2023)

Number 72
Band X
Washington, D.C

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A.LEGAL NUMBERS

This bulletin summarizes the availability of immigrant numbers duringDecemberTo: "Final Action Dates" and "Application Submission Dates," which indicate when immigrant visa applicants must be notified to collect and submit the required documentation to the National Visa Center.

Unless otherwise noted on the United States Citizenship and Immigration Services (USCIS) websitewww.uscis.gov/visabulletininfoIndividuals wishing to submit adjustments to USCIS status applications to the Department of Homeland Security should use the Action End Dates tables below to determine when to submit such applications. If USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will indicate on its website that applicants may use the Visa Application Submission Dates tables in this bulletin.

1. Appointment Procedure. Consular officers must inform the Ministry of Foreign Affairs of qualified documented applicants for limited-number visas; USCIS notifies applicants to adjust status. Where possible, the assignments in the tables below have been made in chronological order of the reported priority dates for requests received in November10. If all demand could not be met, the foreign category or state where demand was excessive was considered overcrowded. The final day of action for an oversubscribed category will be the priority day of the first applicant who could not be reached within the numerical limits. If during the monthly allocation process it is necessary to postpone a promotion end date, additional number requests will only be accepted if the priority date falls within the new promotion end date announced in this bulletin. When an annual limit is reached, the preferred category must be "not available" immediately and no further number requests will be accepted.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual family-funded preference threshold of 226,000. The global level of employment-related preferred annual immigrants is at least 140,000. Section 202 requires that the per-country limit for preferred immigrants be set at 7% of the total annual preference limits based on employment and family support, ie 25,620. The dependent range threshold is set to 2% or 7320.

3. INA Section 203(e) requires that family-sponsored, employment-based preferential visas be issued to eligible immigrants in the order in which an application is submitted for each. Section 203(d) provides that spouses and children of preferred immigrants are entitled to the same status and order of consideration whether accompanying or continuing to join the principal. The visa apportionment provisions of Section 202(e) apply to assignments to a foreign state or dependent territory when visa demand exceeds the per-country limit. These provisions currently apply to the following over-serviced freight areas: Mainland CHINA, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO and PHILIPPINES.

4. Section 203(a) of the INA prescribes the preference classes for issuance of family-funded immigrant visas as follows:

FAMILY ENCOURAGED PREFERENCES

First:(F1) Unmarried sons and daughters of US citizens: 23,400 plus any number not required for fourth preference.

Second: Spouses and children and unmarried sons and daughters of permanent residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and children of permanent residents: 77% of the general second preference limit, of which 75% are exempt from the national limit;

B. (F2B) Unmarried sons and daughters (over 21 years old) of permanent residents: 23% of the general second preference limit.

Third: (F3) Married sons and daughters of US citizens: 23,400, plus any number not required by first and second preferences.

four: (F4) Brothers and sisters of adult US citizens: 65,000, plus any number not required by the first three preferences.

A.FINAL PROMOTION DATES FOR PREFERRED FAMILY SPONSORSHIP CASES

In the table below, a date for a class indicates that the class is oversubscribed (see paragraph 1); "C" stands for current, meaning that numbers may be assigned to all qualified applicants; and "U" means unauthorized, that is, the numbers are not authorized for issue. (NOTE: Numbers may only be assigned to applicants whose priority date isearlieras the last action date below).

B.DATES FOR SUBMITTING FAMILY FUNDING VISA APPLICATIONS

The table below reflects the deadlines for submitting visa applications within a timeframe that ensures expeditious action in the application process. Priority date immigrant visa applicantsBeforeApplication date in the box below, you can collect the required documents and submit them to the National Visa Center of the Ministry of Foreign Affairs after receiving the notification from the National Visa Center with detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who is unable to submit immigrant visa documentation to the National Visa Center. If a category is marked as "current", all applicants in the corresponding category can submit applications regardless of the priority date.

The “C” list indicates that the category is current and that applications can be made regardless of the candidate's priority date. Listing a date for any category means only applicants with a priority date will be shownearlierwho can submit their candidacy by the specified date.

Visitwww.uscis.gov/visabulletininfofor information on whether USCIS has determined that this table (instead of the table in Section 4.A.) may be used this month to submit status adjustment requests to USCIS.

5. Section 203(b) of the INA requires preferential classes for the issuance of employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority workers: 28.6% of the total employment-based preference level, plus all figures not required for fourth and fifth preferences.

Second: Professionals with advanced degrees or individuals with exceptional ability: 28.6% of preference level based on worldwide employment, plus any number not required for first preference.

Third: Skilled, graduate and other workers: 28.6% of world level, plus figures not required for first and second preferences, of which no more than 10,000 for “*other workers”.

four: Certain special immigrants: 7.1% of the world level.

Quinto: Job creation: 7.1% of the world level, of which 32% is reserved as follows: 20% reserved for skilled immigrants investing in a rural area; 10% reserved for skilled immigrants investing in an area with high unemployment; and 2% is reserved for skilled immigrants investing in infrastructure projects. The remaining 68% is unreserved and allocated to all other qualified immigrants.

A.ACTION CLOSING DATES FOR EMPLOYMENT-BASED PREFERENCES

In the table below, a date for a class indicates that the class is oversubscribed (see paragraph 1); "C" stands for current, meaning that numbers may be assigned to all qualified applicants; and "U" means unauthorized, that is, the numbers are not authorized for issue. (NOTE: Numbers may only be assigned to applicants whose priority date isearlieras the last action date below).

*Employment Third Preference Category Other workers: Section 203(e) of the Nicaragua and Central America Relief Act (NACARA), passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139 states that once the cut-off date for the third preferred employment for another employee (EW) has reached the priority date of the last approved EW application prior to November 19, 1997, the 10,000 EW numbers for a fiscal year are available to be reduced by up to 5,000 annually starting in the following financial year. This reduction will be made for as long as necessary to accommodate adjustments to the NACARA program. Since the last promotion date for EW was November 19, 1997 in FY2001, the reduction in the annual EW cap to 5,000 began in FY2002. For FY2022, this reduction will be capped at approximately 150.

B.DEADLINES FOR WORK VISA APPLICATION SUBMISSION

The table below reflects the deadlines for submitting visa applications within a timeframe that ensures expeditious action in the application process. Priority date immigrant visa applicantsBeforethe date of registration in the box can collect the necessary documents and submit them to the National Visa Center of the Ministry of Foreign Affairs, after receiving the notification of the National Visa Center with detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who is unable to submit immigrant visa documentation to the National Visa Center. If a category is marked as "current", all applicants in the corresponding category can apply regardless of the priority date.

The “C” list indicates that the category is current and that applications can be made regardless of the candidate's priority date. Listing a date for any category means only applicants with a priority date will be shownearlierwho can submit their candidacy by the specified date.

Visitwww.uscis.gov/visabulletininfofor information on whether USCIS has determined that this table (in lieu of the table in Section 5.A.) may be used this month to submit status adjustment requests to USCIS.

B.IMMIGRANT DIVERSITY CATEGORY (DV) FOR THE MONTH OF DECEMBER

Section 203(c) of the INA allows for up to 55,000 immigrant visas per fiscal year to allow for additional immigration opportunities for those from countries with low admissions in the past five years. NACARA determines that beginning in DV-99 and for as long as needed, up to 5,000 of the 55,000 diversity visas allocated annually will be available for use in the NACARA program. This will result in the annual DV-2023 cap being reduced to around 54,850. DV visas are divided into six geographic regions. No country can get more than seven percent of the available diversity visas in a year.

ForDecember, DV category immigration numbers are available for eligible DV-2023 applicants who will be billed from all eligible countries/regions as follows. If the number of raffles is shown, visas are only available for applicants with ranking numbers in the DV regional lotteryUNDERthe specified allocation threshold number:

Eligibility for category DV immigrant status expires only through the end of the tax (visa) year for which the applicant is selected in the lottery. The eligibility year for all applicants enrolled in the DV-2023 program ends on September 30, 2023. DV visas cannot be issued to DV-2023 applicants after this date. Likewise, spouses and children accompanying or continuing to adhere to DV-2023 holders are only eligible for DV derived status until September 30, 2023. The availability of the DV visa cannot be guaranteed under this. End of fiscal year 2023. Issues can be sold until September 30th.

C.THE REDUCTIONS IN THE DIVERSITY IMMIGRANT CATEGORY (DV) APPLIED IN JANUARY

ForJanuary, DV category immigration numbers are available for eligible DV-2023 applicants who will be billed from all eligible countries/regions as follows. If the number of raffles is shown, visas are only available for applicants with ranking numbers in the DV regional lotteryUNDERthe specified allocation threshold number:

D.EMPLOYMENT-BASED ANNUAL PREFERENCE LIMIT FOR FISCAL YEAR 2023

Using interim consolidated state and USCIS figures for full fiscal year 2022 shows that there were approximately 57,000 unused family-sponsored visa numbers. As a result, the estimated employment-based annual cap for fiscal 2023 will be 197,000.

MI.AVAILABILITY OF VISA IN FIRST EMPLOYMENT CATEGORY FOR CHINA AND INDIA

Increased demand and usage of numbers in the Employment First category coupled with reduced availability of FY2023 visa numbers compared to FY2022 will likely require the determination of final promotion dates and expiration dates. Months to keep number usage within the maximum allowed annual limits of fiscal year 2023. This situation will be continuously monitored and necessary adjustments will be made accordingly.

F.EMPLOYMENT INSTITUTION SECOND PREFERENCE FINAL ACTION AND REGISTRATION SUBMISSION DATES

As readers were advised in Article E of the November 2022 Visa Bulletin, it has become necessary to establish a global second employment preference and submit credentials from December to maintain use of the number within the maximum allowable period in fiscal year 2023. . Border. For all countries except China and India, the final action date is November 1, 2022 and the application submission date is December 1, 2022. This situation will be continuously monitored and necessary adjustments will be made accordingly.

GRAMM.REMOVAL OF SECOND PREFERENCE WORKS IN INDIA FINAL ACTION AND APPLICATION SUBMISSION DATES BY DECEMBER

Due to high demand from applicants and significantly reduced availability of Indian E2 Visa Numbers for FY2023, corrective actions were taken in October to keep number usage within the maximum allowable annual limits for FY2023. However, this year has seen higher than expected demand in the Jobs First and Jobs Second categories and as a result fewer additional numbers for India will be available in the Jobs Second category than originally estimated when the final dates for October and November and the deadlines for submitting applications have been set. Therefore, further corrective action was required to ensure that the limited supply of visa numbers is allocated by priority date in accordance with INA 203(e). The situation is continuously monitored and necessary adjustments are made accordingly.

HFOURTH CATEGORY INSTALLATION OF WORKS FINAL ACTIONS AND APPLICATION DATES FOR DECEMBER

As readers were advised to report at point G of the October 2022 Visa Bulletin, high demand in the Fourth Job category necessitated setting a global final action date and application submission date for December to accommodate the count of uses within the allowable maximum the annual cap for FY -2023. For all countries except El Salvador, Guatemala, Honduras and Mexico, the final action date is June 22, 2022 and the application submission date is July 22, 2022. This situation is being continuously monitored and any necessary adjustments will be made accordingly.

EU.AVAILABILITY OF FOURTH CATEGORY WORK VISA FOR EL SALVADOR, GUATEMALA AND HONDURAS

Higher than expected demand in the fourth job category for El Salvador, Guatemala and Honduras may require corrective action to keep number usage within the maximum allowable annual cap for fiscal year 2023. This situation is being continuously monitored and any necessary adjustments will be made.

JPLANNED EMPLOYMENT COURSE FOURTH PREFERENCE CATEGORY SPECIFIC RELIGIOUS WORKER (SR)

RH Law No. 6,833 of September 30, 2022 extended until December 16, 2022 the fourth employment preference category of certain religious workers (SR). on December 15, 2022. Visas issued before this date are only valid until December 15, 2022, and all persons wishing to be included in the special category of non-ministerial immigrants must by half (repeatedly) enter the United States -night of December 15, 2022.

The SR category is subject to the same final action dates as the other fourth employment preference categories by applicable foreign status.

If there are legislative measures that expand this category, the December dates apply for the entire month. In the absence of legislative action to expand this category, the category will revert to "Not Available" effective December 16, 2022.

kFOR THE LATEST INFORMATION ON VISA PROCESSING AT US EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV

State Department Publication 9514

CA/VO: 10. November 2022