By Chris Musillo

The Department of State has just issued November 2021 Visa Bulletin. This is the second Visa Bulletin of Fiscal Year 2022. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.


EB All Other CHINA INDIA PHILIPPINES
1st C C C C
2nd C 15-Nov-18 01-Dec-11 C
3rd C 22-Mar-18 15-Jan-12 C

Table B: Dates of Filing

The USCIS will be using the Table B chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

The DOS continues to confound. On one hand – and to the detriment of Indian and Chinese EB-3s – the DOS retrogressed dates massively. EB-3 India Final Action dates retrogressed about two years, back to January 15, 2012. EB-3 China retrogressed to March 22, 2018, which is about 9 months. Adding to the pain of Indian and Chinese EB-3s, Dates of Filing for these categories also retrogressed, which means that there will not be a chance for I-485 filings.

On the other hand, the dates for India and China EB-2, progressed. India EB-2 moved ahead by three months. China EB-2 advanced by 5 months. Similar progressions occurred in the Dates of Filing chart.

The story was benign if confusing for Philippines and Worldwide EB-3, where dates held at Current.

The confusion comes on the heels of last month’s DOS comments that implied retrogression in all categories, not just India and China EB-3.