*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 |
01SEP13 |
C |
C |
3rd |
C |
01APR18 |
C |
22JAN12 |
C |
C |
Other Workers |
C |
01JUL15 |
C |
22JAN12 |
C |
C |
4th |
C |
C |
15JUN17 |
C |
C |
C |
Certain Religious Workers |
C |
C |
15JUN17 |
C |
C |
C |
5th Non-Regional Center
(C5 and T5) |
C |
C |
C |
C |
C |
C |
5th Regional Center
(I5 and R5) |
C |
15DEC15 |
C |
C |
C |
C |
B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF MARCH
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 March, 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 |
21,000 |
Except: Egypt 11,000 |
ASIA |
8,300 |
Except: Iran 6,000
Nepal 4,200
|
EUROPE |
13,500 |
|
NORTH AMERICA (BAHAMAS) |
8 |
|
OCEANIA |
850 |
|
SOUTH AMERICA,
and the CARIBBEAN |
1,200 |
|
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 APRIL
For April, 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 |
50,000 |
Except: Egypt 12,500 |
ASIA |
17,000 |
Except: Iran 6,100
Nepal 4,350 |
EUROPE |
27,000 |
|
NORTH AMERICA (BAHAMAS) |
10 |
|
OCEANIA |
1,200 |
|
SOUTH AMERICA,
and the CARIBBEAN |
1,300 |
|
D. 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 March.
If there is legislative action extending this category for March, the final action dates would immediately become “Current” for March for all countries except China-mainland born I5 and R5, which would be subject to a November 22, 2015 final action date. It may also become necessary to establish a China-mainland born final action date and application filing date for the C5 and T5 categories as early as April to keep number use within the maximum allowed under the FY-2022 annual limits. In addition, if sufficient demand materializes in the Employment-based Fifth Preference category, corrective action may need to be taken in the India Employment-based Second Preference category, which would have utilized any otherwise unused numbers from the Employment-based Fifth Preference.
E. RETROGRESSION OF MARCH FINAL ACTION DATE FOR EL SALVADOR, GUATEMALA, and HONDURAS EMPLOYMENT FOURTH AND CERTAIN RELIGIOUS WORKERS (SR) CATEGORIES
It has become necessary to retrogress the final action dates for Employment Fourth and Certain Religious Workers (SR) categories for El Salvador, Guatemala, and Honduras in order to hold worldwide number use within the maximum allowed under the FY-2022 annual limits. This is a result of heavy applicant demand for numbers for Juvenile Court Dependent cases filed with U.S. Citizenship and Immigration Services for adjustment of status. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
F. 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 “Unavailable” for all countries for March. If there is legislative action extending the category, it will become “Current” effective immediately for all countries except El Salvador, Guatemala, and Honduras, which are subject to a May 1, 2017 final action date, and Mexico, which is subject to an April 1, 2020 final action date.
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: February 8, 2022