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USCIS Addresses Immigrant Visa Availability as the End of FY 2022 Approaches

U.S. Citizenship and Immigration Services (USCIS) recently published updated statistics in connection with immigrant visa usage for fiscal year (FY) 2022. According to the report, as of July 31, 2022, USCIS and the U.S. Department of State (DOS) had used a total of 210,593 employment-based immigrant visas, leaving a balance of more than 70,000 visas to be allocated before the end of the fiscal year on September 30, 2022. Given the short timeline and the significant number of unused visas, many people are asking if all of the remaining visas will be used.

This announcement comes after USCIS and DOS publicly committed to maximizing the use of all available employment-based immigrant visas by the end of FY 2022. In fact, USCIS noted that it “approved more than 10,000 employment-based adjustment of status applications in the week ending August 14, 2022, and DOS continues its high rate of visa issuance, as well.”

Earlier this year, USCIS published an alert in which the agency encouraged eligible applicants to consider requesting to transfer the underlying basis of their adjustment-of-status applications to the first or second employment-based preference categories. At the time, USCIS noted that there was “an exceptionally high number of employment-based immigrant visas available in these categories” for FY 2022.

To assist those efforts, USCIS established a formalized system for applicants to transfer the underlying basis of their adjustment-of-status applications, including establishing a centralized location for processing.

More recently, USCIS encouraged immigrant visa applicants to complete their medical examinations before the end of the fiscal year to speed up processing once USCIS issues a request for evidence.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 245
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About this Author

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Lee Depret-Bixio joined Ogletree Deakins in 2003 and she practices exclusively in the area of business immigration law.  She assists U.S. and foreign companies in obtaining and maintaining employment-based nonimmigrant and immigrant visas for key employees and assists clients with state and federal employment verification (I-9) compliance and enforcement issues. Having lived and worked in France for several years, Ms. Depret-Bixio is fluent in French.

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Ms. Depret-Bixio represents employers of all sizes and...

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Alessandra Carbajal Associate Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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Alessandra Carbajal joined the firm as an associate in March 2022, where she practices business immigration law. She is a 2018 graduate of Brigham Young University, where she majored in Political Science. She earned her Juris Doctor degree from the BYU Law School in 2021. During law school, Alessandra participated in the school’s community legal clinic where she assisted individuals with a variety of asylum and family based immigration cases.

Prior to joining the firm, Alessandra worked as a law clerk for a large multinational legal firm...

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