Although October is the first month of 2022 fiscal year, the cut-off date movements are not as fast as expected. According to the Department of State Visa Bulletin, the employment-based Final Action cutoff dates and Dates for Filing have been changed slightly in October 2021. The USCIS has announced that they will honor the “Dates for Filing” for all the employment-based Adjustment of Status applications, as opposed to the “Final Action Dates” chart being open in September 2021. Notably, the EB-2, and EB-3 Dates for Filing for countries except China and India are still current, and EB-1 is current for all the countries. The details of October 2021 Cut-off Dates are as below:
Dates for filing and Final Action Dates of EB-1: China and India remain unchanged on “current”.
Dates for filing of EB-2: China remains unchanged on 09/01/2018; India has moved forward from 12/01/2011 to 07/08/2012 (7 months). EB-2 Final Action Date for China remains unchanged on 07/01/2018, and that for India remains unchanged on 09/01/2011. If you are in the U.S. waiting to submit EB-2 Adjustment of Status applications, please refer to the “For Filing” dates in October.
Dates for filing of EB-3: China has retrogressed from 07/01/2019 to 01/15/2019 (-5.5 months); India has retrogressed from 03/01/2014 to 01/08/2014 (-2 months). EB-3 Final Action Date for China remains unchanged on 01/08/2019, and that for India remains unchanged on 01/01/2014. If you are in the U.S. waiting to submit EB-3 Adjustment of Status applications, please refer to the “For Filing” dates in October.
Dates for filing of EB-5 (Non-Regional Center): China remains unchanged on 12/15/2015; all other countries remain current. The final action dates for the Regional Center program are still "unauthorized" because the program is set to expire on 06/30/2021 unless reauthorized by Congress.
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