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May 2022 Visa Bulletin – Little To No Movement With Addition Of New EB-5 Categories

22 Apr

The U.S. Department of State (DOS) has published the Monthly Visa Bulletin for May 2022, revealing no movement on both the “Dates for Filing” and “Final Action Dates” charts for most categories, little movement in the EB-2 category for individuals born in India, and entirely new categories within the overall EB-5 category.
 
The May Visa Bulletin reveals no forward movement in the Dates for Filing and Final Action Dates under the EB-2 and EB-3 categories for individuals born in China (PRC). The Dates for Filing and Final Action Dates for the EB-2 category for individuals born in India saw some forward movement, albeit modest.
 
Dates for Filing and Final Action Dates remain current in the EB-1 category for all countries of birth. The dates also remain current for those born outside of China (PRC) and India in the EB-2, EB-3, and Other Workers categories.
 
One notable change in the May Visa Bulletin is the addition of entirely new categories within the overall EB-5 category. In prior bulletins, there were only two EB-5 categories: Non-Regional Center and Regional Center. Due to changes found in the recently-enacted EB-5 Reform and Integrity Act of 2022 (see our prior Immigration Update on this topic here), there are now five separate categories: 5th Unreserved (C5, T5, and all others), 5th Unreserved (I5 and R5), 5th Set Aside: Rural, 5th Set Aside: High Unemployment, and 5th Set Aside: Infrastructure. While these categories reflect the two new “pools” of visa numbers – one for certain set-aside categories and one for “unreserved” cases that are not eligible for a set-aside – neither DOS nor U.S. Citizenship and Immigration Services (USCIS) has provided guidance to clarify the new classifications. On April 29, 2022, the USCIS Investor Program Office (IPO) will hold its first public engagement stakeholder meeting since the new law was enacted, and more details are expected to be announced.
 
All EB-5 categories are current on the Dates for Filing and Final Action Dates for all countries of birth except China (PRC). For those born in China (PRC), only the 5th Unreserved (I5 and R5) category is currently backlogged.
 
USCIS has confirmed on its website that beneficiaries of employment-based immigrant petitions should use the Dates for Filing to determine eligibility to file adjustment of status (“green card”) applications.

Please review the chart here for the changes shown in the May 2022 Visa Bulletin relative to the April 2022 Visa Bulletin.

Foster LLP will continue to track immigrant visa availability and provide updates about any developments via Immigration Updates©, articles, and blogs on our website at www.fosterglobal.com.