June 2022 Visa Bulletin – EB-2 India Final Action Advances By One Year

The U.S. State Department has just released the June 2022 Visa Bulletin which is the ninth Visa Bulletin for the new fiscal year. The headline in the upcoming month’s Visa Bulletin is the lack of movement across most categories with only notable forward movement in EB-2 India Final Action dates.   The significant forward movement in EB-2 India Final Action makes many EB-3 downgrade applicants eligible to “interfile” and link their pending I-485 to their “current priority date” EB-2 I-140 petition.

Which India and China Employment-based Applicants Are Eligible to File I-485 in June?

By using the Final Action, USCIS will allow the following India and China applicants to file I-485 in the month of June 2022:

India

• EB-1 India with any priority date (PD) (approved or pending I-140);
• EB-2 India with PD before September 1, 2014;
• EB-3 India with PD before January 15, 2012.

China

• EB-1 China with any priority date (PD) (approved or pending I-140);
• EB-2 China with PD before March 1, 2019;
• EB-3 China with PD before March 22, 2018.

Summary of the June 2022 Visa Bulletin – Employment-Based (EB)

Please note that USCIS will determine and publish, about a week after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates.

Summary of the June 2022 Visa Bulletin – Family-Based (FB)

USCIS will determine and publish separately, a few days after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates.

Options for EB-3 India Downgrade Applicants

The significant forward movement in EB-2 India Final Action date means that many EB-3 India downgrade applicants may have their priority date current under EB-2 Final Action.    Other than waiting for the EB-3 India dates to advance, there are two additional steps EB-3 India downgrade applicants may take. First, an EB-3 India downgrace applicant can decide to “link” or “interfile” their pending I-485 to another EB-2 I-140 petition and ask the government to agree to treat the EB-2 I-140 as the basis for the I-485.  This is discretionary by USCIS and while this works, there is no set time frame for them to do so. With the current USCIS backlogs, this may take a few weeks, or a few months, and this can only be done when the priority date is current under EB-2 Final Action.    If the dates switch and EB-3 becomes more favorable, generally it is not allowed to switch back to EB-3.    See our alert on I-485 interfiling. Second,  some of our clients have decided to file a separate I-485 based on the EB-2 I-140 and essentially keep two separate processes – the existing I-485 under EB-3 and one new I-485 under EB-2.   USCIS generally does not recommend filing multiple I-485s for the same person but in certain cases this may be possible and it may be strategically beneficial.   This approach helps keep both EB-2 and EB-3 tracks active and allows maximizing the chances for faster approval.  The downside is that a newI-485 filing is required, with new fees, and this new I-485 has to go through the processing steps — biometrics, background checks, etc. which can take months. Our office is happy to consult on the best options so please reach out to us. FB-2A Remains Current for All Countries – Opportunity to File I-485 Adjustment of Status

The Family-based Second Preference (FB-2A) category remains “Current” for this month.   This action has been taken in an effort to generate an increased level of “demand” or number of filings.

FB-2A category is for “Spouses and Children (generally under 21 years of age) of Permanent Residents”

This means that FB-2A applicants, especially those who are in the U.S. on valid status, should consider filing for I-485 Adjustment of Status as soon as possible in the event there is a cutoff date introduced in the following month’s Visa Bulletin.   Note that because the cutoff date is “Current”, it is possible to file a brand new FB-2A where the I-130 immigrant petition and the I-485 adjustment of status are filed concurrently.    So this is an opportunity to file I-485 not only for existing but also for new FB-2A cases.

FB-2A applicants who are pursuing the NVC/Consular may still consider completing their applications so that the U.S. Consular sections can complete the interview and the immigrant visa approval process as soon as possible.

Current Date?

Our office stands ready to assist in the applicable process.  There are many applicants across many of the employment and family categories who can now process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics. We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about this month’s Visa Bulletin.