The Visa Bulletin for October was just released. It appears that retrogression will continue for the EB-2 NIW. While we are extremely disappointed that priority dates did not become current for the EB-2 category, the good news is that USCIS has designated the “Dates For Filing” chart to be used for October.
Under the “Dates For Filing” chart, the EB-2 priority dates for all countries other than China and India will move considerably from July 1, 2022 to January 1, 2023. For China the EB-2 priority dates advance from July 8, 2019 to January 1, 2020. India improves from January 1, 2011 to May 15, 2012.
Under EB-1 priority dates improved significantly for India. Under the “Dates For Filing” chart India moved from January 1, 2012 to January 1, 2019. The EB-1 priority date for China improved slightly from February 1, 2022 to August 1, 2022. For all other countries the priority date under the EB-1 category is once again current.
While the news is not as bad as it could have been had USCIS continued to use the “Final Action Dates” chart, it is now apparent that priority dates under the EB-2 category will remain retrogressed for all countries for the foreseeable future. With this in mind it is imperative that anyone interested in obtaining permanent residence through an EB-2 NIW file their case as early as is feasible to obtain their priority date.
We welcome any inquiries regarding the filing of your EB-1, EB-2 or Adjustment of Status.