*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. For Fiscal Year 2022 this reduction will be limited to approximately 150.
B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.
Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS.
Employment-
based |
All Chargeability
Areas Except
Those Listed |
CHINA-
mainland
born |
EL SALVADOR
GUATEMALA
HONDURAS |
INDIA |
MEXICO |
PHILIPPINES |
1st |
C |
C |
C |
C |
C |
C |
2nd |
C |
01APR19 |
C |
01DEC14 |
C |
C |
3rd |
C |
01APR18 |
C |
22JAN12 |
C |
C |
Other Workers |
C |
01AUG15 |
C |
22JAN12 |
C |
C |
4th |
C |
C |
15JUN17 |
C |
C |
C |
Certain Religious Workers |
C |
C |
15JUN17 |
C |
C |
C |
5th Unreserved
(including C5, T5, I5, R5) |
C |
22DEC15 |
C |
C |
C |
C |
5th Set Aside:
(Rural - 20%) |
C |
C |
C |
C |
C |
C |
5th Set Aside:
(High Unemployment - 10%) |
C |
C |
C |
C |
C |
C |
5th Set Aside:
(Infrastructure - 2%) |
C |
C |
C |
C |
C |
C |
B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF JUNE
Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program. This will result in reduction of the DV-2022 annual limit to approximately 54,850. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.
For June, immigrant numbers in the DV category are available to qualified DV-2022 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
Region |
All DV Chargeability Areas Except
Those Listed Separately |
|
---|
AFRICA |
Current |
Except: Egypt 13,000 |
ASIA |
Current |
Except: Nepal 5,700
|
EUROPE |
Current |
|
NORTH AMERICA (BAHAMAS) |
10 |
|
OCEANIA |
Current |
|
SOUTH AMERICA,
and the CARIBBEAN |
Current |
|
Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2022 program ends as of September 30, 2022. DV visas may not be issued to DV-2022 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2022 principals are only entitled to derivative DV status until September 30, 2022. DV visa availability through the very end of FY-2022 cannot be taken for granted. Numbers could be exhausted prior to September 30.
C. THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JULY
For July, immigrant numbers in the DV category are available to qualified DV-2022 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
Region |
All DV Chargeability Areas Except
Those Listed Separately |
|
---|
AFRICA |
Current |
Except: Egypt 13,000 |
ASIA |
Current |
Except: Nepal 6,300 |
EUROPE |
Current |
|
NORTH AMERICA (BAHAMAS) |
10 |
|
OCEANIA |
Current |
|
SOUTH AMERICA,
and the CARIBBEAN |
Current |
|
D. ESTABLISHMENT OF EMPLOYMENT THIRD PREFERENCE “OTHER WORKERS” (EW) FINAL ACTION DATE
High number use in the Employment Third Preference “Other Workers” (EW) category has necessitated the establishment of a worldwide final action date in June to hold number use within the maximum allowed under the FY-2022 annual limit. All countries are subject to a final action date of 08MAY19 except for China-mainland born, which is subject to a 01JUN12 final action date and India, which is subject to a 15JAN12 final action date.
E. ESTABLISHMENT OF C5 and T5 FINAL ACTION DATE AND APPLICATION FILING DATE FOR CHINA-MAINLAND BORN
It has become necessary to establish a final action date and application filing date for C5 and T5 China-mainland born because sufficient demand has materialized as readers were cautioned was a possibility in Item D of the May 2022 Visa Bulletin. China-mainland born C5 and T5 applicants are subject to a 22NOV15 final action date and an application filing date of 15DEC15.
F. AVAILABILITY OF DIVERSITY VISAS (DV)
Most regions have been set to “Current” for June 2022 in an effort to maximize number use during the DV-2022 program year. However, rank cut-offs could be re-established for any region or country in future months to keep number use within the applicable annual limits.
G. FAMILY-SPONSORED SECOND PREFERENCE VISA AVAILABILITY
Item D in the July 2019 Visa Bulletin advised that the F2A category was made current to increase the level of demand and encourage applicants to actively pursue final action on their cases. The item also advised that once large numbers of F2A applicants did begin to have their cases brought to final action, it would be necessary to establish a date to keep number use within the annual limit.
Number use in the F2A category has remained steady throughout FY-2022 and it may be necessary to establish an F2A final action date as early as August. This situation is being continually monitored and any necessary adjustments will be made accordingly.
G. 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
Department of State Publication 9514
CA/VO: May 6, 2022