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Yes, your case is current for January based on the Visa Bulletin you shared.
Here’s why:
• Under EB-3 (Employment-Based Third Preference) for “All Chargeability Areas Except Those Listed,” the Final Action Date is 01DEC22.
• The note specifies that only applicants with priority dates earlier than or up to the listed Final Action Date are eligible.
• Since your priority date is 12/01/22, it is exactly the Final Action Date, meaning your case is current for January.
This means USCIS can now process your case, and you are eligible for final adjudication (green card issuance), assuming all other requirements (e.g., admissibility, completed documentation) are met.
The confusion about whether the date listed as the Final Action Date includes or excludes that day stems from the wording of the note. However, based on longstanding interpretation and practice by the Department of State and USCIS, the date listed as the Final Action Date is always inclusive. This means if your priority date is exactly the same as the Final Action Date, your case is considered current.
Here are key points to clarify:
1. Interpretation of “Earlier Than”:
• While the note states that visa numbers are authorized for applicants whose priority date is “earlier than” the Final Action Date, the published date marks the cutoff point and is included in eligibility.
• Applicants with a priority date on or before the listed date are eligible to proceed.
2. Official Practice:
• The USCIS and Visa Bulletin announcements consistently include the Final Action Date in the pool of applicants eligible for processing. This has been confirmed through practical application in prior cases  .
3. Example from Visa Bulletins:
• Past bulletins have been implemented this way: If the Final Action Date is listed as 01DEC22, applicants with priority dates of 12/01/22 or earlier are processed for visa issuance.
Conclusion:
If your priority date is 12/01/22, and the Final Action Date for EB-3 ROW is 01DEC22, your case is considered current in January. You should confirm directly with USCIS or your attorney for peace of mind, but historical precedence strongly supports this interpretation.