Visa Bulletin Update October 2022

Great news! BDV is happy to announce that the EB-3 Unskilled category is eligible for green card filings in October 2022.

USCIS confirmed that they will use the “Dates of Filing” Chart in the October 2022 Visa Bulletin, with a cutoff date of September 8, 2022. This cutoff date means that, if you currently have an approved EB-3 Unskilled Labor Certification (LC), you can file the green card application in October.  

How will the October Visa Bulletin Impact You?

Please see below to determine what the October Visa Bulletin means for you. We have mapped out seven common scenarios.

DOL Stage

Scenario 1: Your LC has not been filed.

• Impact: If your LC is not filed yet, we will continue working with your Employer to prepare the LC for filing. The October Visa Bulletin does not impact you, because you need the LC to first be approved before the green card application can be filed. The Visa Bulletin does not impact LC processing times with the Department of Labor (DOL).

Scenario 2: Your LC is filed and pending with DOL.

• Impact: If your LC is filed and pending with DOL, the October Visa Bulletin does not impact you. The Visa Bulletin will only impact your ability to file a green card application after your LC is approved. The Visa Bulletin does not impact LC processing times with DOL.

USCIS Stage (AOS clients with approved LCs)

Scenario 3: Your LC is approved, but I-140 and I-485 are not yet filed.

• Impact: You are eligible for green card filing in October. The attorney will prepare your I-140 and I-485, including I-765 and I-131, for filing with USCIS. You should receive your green card-based EAD/AP while the I-485 is pending.
• Note: If your attorney reaches out to request medical exams, please promptly provide the documents to your attorney to prevent delays for your filing. If you have the questions about your green card applications, please reach out to the attorney directly.

Scenario 4: Your I-140 was already filed as a standalone case, but I-485 has not been filed.

• Impact: You are eligible for I-485 filing in October. The attorney will prepare your I-485, including I-765 and I-131, for filing with USCIS. This filing will be linked to the standalone I-140 (this applies to both I-140s that are still pending and I-140s that have been approved). You should receive your green card-based EAD/AP while the I-185 is pending.
• Note: If your attorney reaches out to request medical exams, please promptly provide the documents to your attorney to prevent delays to your filing. If you have questions about your green card application, please reach out to the attorney directly.

Scenario 5: Your I-485 was already filed with USCIS and pending.

• Impact: If your I-485 is already filed, you are not impacted by the "Dates of Filing" chart in the October Visa Bulletin. You should receive your green card-based EAD/AP while the I-485 is pending.

Consular Processing Stage (Consular clients with approved LCs)

Scenario 6: You are a Consular Processing client. Your LC is approved, and your I-140 is not yet filed or is pending with USCIS.

• Impact: The Visa Bulletin does not impact I-140 processing times with USCIS. Once your I-140 is approved, the "Final Action" chart on the Visa Bulletin will determine when you can receive the immigrant visa stamp to enter the U.S. The "Final Action" cutoff date is June 1, 2020 for the October Visa Bulletin. This means that, if your LC was filed after June 1, 2020, you will not receive your immigrant visa in October. Processing times at Consulates vary. If you have questions about your Consular process, please reach out to the attorney.

Scenario 7: You are a Consular Processing client and your I-140 is approved

• Impact: The "Final Action" chart on the Visa Bulletin will determine when you can receive the immigrant visa stamp to enter the U.S. The "Final Action" cutoff date is June 1, 2020 for the October Visa Bulletin. This means that, if your LC was filed after June 1, 2020, you will not receive your immigrant visa in October. Processing times at Consulates vary. If you have questions about your Consular process, please reach out to the attorney.

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BDV is thrilled that the EB-3 Unskilled will be eligible for green card filing with USCIS in October. We will continue to lobby the Department of State and USCIS, as well as our contacts through legislative channels, to encourage ongoing support for the EB-3 Unskilled program.

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