Chat with Charlie – October VB QnA – FY 2022

The US Department of State’s Charlie Oppenheim went live on YouTube to answer questions about the October 2021 Visa Bulletin date movements & retrogression.

  • Based on a legislative bill (US Rep. Grace Meng’s legislation bill), employment-based visa retrogression will be implemented.
  • If the bill fails, the annual limit for FY2022 will be 290,000, all time high.
  • The EB3 final action dates may not be advanced for the entire fiscal year 2022.

Here are the EB highlights of the Chat :-

Q: In previous chat, you mentioned from documentarily qualified to documentarily complete what is the difference?

It is the just a terminology change i.e applicant submitted all documents and reviewed by the NVC.

Q: Why application filing dates moved back for both China and India in EB3?

After consulting with USCIS, we determined that India and China already outnumber the numbers available for EB3 in Fiscal Year 2022, so we retrogressed.

Q: In October VB visa availability column, you mentioned EB3 FAD retrogression could happen in November 2021, will that be in months or years?

The goal is to reduce the amount of retrogression, we will monitor the USCIS use of the number and demand. Another consideration is the possible legislature action which could impact FY2022 annual limits.

Q: Why did you indicate retrogression is needed for certain employment final action dates?

I still believe employment annual limit will be 290,000 for FY2022 but there are more number of applicants filed in EB3 category to use all the numbers.

Q: In previous chat, you mentioned no retrogression is expected in India EB2 and EB3, why have you changed the projection?

Based on the recent discussion with USCIS on worldwide EB3 cases demand, India EB3 category needs a reevaluation. Also, overseas post dramatically using the numbers as things are back to normal processing.


Q: I am an Indian applicant, living in US for past 10 years in legal visa and waiting in GC queue with approved I-140, why Indian EB category have to wait so long while other country dates are current?

To prevent certain countries from monopolizing visa numbers, current law sets a per-country limit of 7% for visa issuance. The amount of India & China applicants are exceeding in EB category.

Q: Will China EB3 advance this fiscal year?

As mentioned in visa availability, retrogression could happen as early as November.

Q: What happen to the spillover 150,000 visas, will it be added to November bulletin?

Yes, 290,000 EB limits are available for FY2022 but based on the FAD movements in the past there are enough applicants available to use all of the them.

Q: What is the causing the EB3 to retrogress?

The number of India EB3 applicants who filed in October and November 2020 is sufficient to use the entire worldwide EB3 annual limit, and due to the 7 percent country limit, it must be retrogressed.

Q: Do you expect EB3 India FAD to reach March 2014 in fiscal year 2022?

I would not expect that, in October 2021 visa bulletin there are visa availability projections thru January 2022. We will try to publish projections in January visa bulletin.

Q: A lot of India applicants are eligible for both EB2 and EB3, can you provide estimates together, so applicants do not have to jump lines unnecessarily?

I do not have that information as i do not know how many applicants are downgrading.

There are a few other questions for EB, but there isn’t much added value in terms of date movements.

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