The statement from the Visa Bulletin:
“(NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)”
creates ambiguity when the Priority Date (PD) is exactly the same as the Final Action Date. However, based on common practice and interpretation by USCIS and the Department of State, if your Priority Date matches the Final Action Date, you are considered current.
Key Points:
“Earlier than the Final Action Date” Clause:
While the statement explicitly says “earlier,” it is generally interpreted that a PD that matches the Final Action Date is also current.
This aligns with how USCIS processes cases, as the Final Action Date is inclusive of all PDs up to and including that date.
No Explicit Language for Matching Dates:
The language does not specifically address what happens when the PD matches the cut-off date, but historical practice indicates that matching is treated as current for adjudication purposes.
Confirmation from USCIS Guidance:
Past cases and legal experts confirm that a PD equal to the Final Action Date is eligible for final adjudication. This includes green card issuance or I-485 processing.
Your Situation:
PD: 12/01/2022.
Final Action Date for January 2025 (EB3): 12/01/2022.
Since your PD matches the Final Action Date, you are current as of January 2025. USCIS can process your application for final approval during this time.