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USCIS Sets February 2023 Adjustment of Status Filing Charts For the Visa Bulletin

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Our Analysis: With the U.S. Department of State’s publication of the February 2023 Visa Bulletin, the USCIS has decided it will continue to follow the Dates for Filing for Employment-Based Adjustment of Status Applications. This is a continuation of the January 2023 visa bulletin’s filing table.

USCIS also confirms that it will continue to follow the Dates for Filing for Family-Sponsored Adjustment of Status Applications for the February 2023 Visa Bulletin as family-based immigrant visa usage continues to grow as U.S. consulates move toward normal operations.

As previously predicted by DOS in its December 2023 visa bulletin, it has proceeded to establish Final Action Dates and Application Filing Dates for both India and China starting in January 2023 for EB-1 visa preference category. This continues in the February 2023 visa bulletin too. For Final Action Dates table, India’s visa availability date for EB-1 remains at February 1, 2022, while China’s EB-1 visa availability date is also February 1, 2022. For the Dates for Filing of Employment-based Visa Applications table, both India and China’s EB-1 filing date also remains at June 1, 2022. Meanwhile, the EB-1 visa preference category for World, and El Salvador and Guatemala and Honduras, and Philippines all continue to remain ‘Current’.

Of further interest here is that in Department of State’s visa bulletin notes, it has provided updates about the Employ-based 4th Category Certain Religious Workers (SR) by confirming that this category remains valid and current through September 30, 2023 due to the passage of the Consolidated Appropriations Act 2023.

In light of above notification, for India EB-2 the visa cutoff date for February 2023 visa bulletin remains on October 8, 2011. Meanwhile, India EB-3 visa cutoff date also remains on June 15, 2012 in the Final Action Dates table for February 2023 visa bulletin.

Starting with last month (January 2023)’s visa bulletin, the Department of State also established Final Action Date for family-sponsored first preference (F1, Unmarried Sons and Daughters of U.S. citizens) cases in the February 2023 Visa Bulletin. For India and China and the World, the filing date is now December 1, 2014. For Mexico, it is April 1, 2001, and for the Philippines, it is March 1, 2012.

Back on the employment-based visa category aspect, in the Final Action dates chart, the employment-based 3rd visa preference category for India and China for the month of February 2023 visa bulletin remained the same as in the January 2023 visa bulletin. For EB-3 China, the visa cutoff date remains at August 1, 2018. For EB-3 India, the visa cutoff date remains at June 15, 2012.

In the Final Action dates chart, in the EB-2 China visa category, the cutoff date has remained at June 8, 2019 in the February 2023 visa bulletin.

Separately, in the Dates for Filing chart, for EB-2 China, the cutoff date continues to be at July 8, 2019, while EB-2 India’s cutoff date also remains at May 1, 2012.

As a further reminder, these slower visa movements in the EB-3 category are expected to continue to last for the foreseeable future, and it is the result of previous months in Fiscal Year 2022 of rapid advance movement in the EB-3 visa preference category for two (2) countries - China and India. There was heavy demand for EB-3 visa numbers in FY 2021 and then also in FY 2022. As a result, it greatly outstripped the monthly quota numbers, and it has resulted in retrogression for both India and China starting in the November 2021 visa bulletin and it has continued to remain in slow progression to the present and it is projected to last for the foreseeable future as well.

These visa number movements are consistent with the projections that the Department of State had first provided back in October 2021 in which it forecasted that EB-2 visa filing dates would progressively move ahead in months at the onset, but will start to slow down as the months progress in the previous fiscal year 2022 and has finally retrogressed at the start of the FY 2023 visa bulletin. Meanwhile, the EB-3 visa filing dates would continue to demonstrate slow and steady movement for the fiscal year starting in October 2022.

However, it should be noted that due to higher than expected visa usage in the Employment-based Third (3rd) Preference “Other Workers” category, in particular by those applicants with earlier priority dates, it has necessitated the U.S. Department of State to further retrogress the Worldwide Final Action date (to January 1, 2020) and Worldwide Filing Action Date (to February 1, 2020).

It goes without saying that all these different visa categories warrant continuous monitoring in the coming months and into the fiscal year 2023 too.

Finally, on the EB-5 immigrant investor visa category, a reminder once again to readers that the Department of State’s visa bulletin for EB-5 preference category has also been updated to reflect the new provisions of the EB-5 Reform and Integrity Act (RIA). It now has two (2) pools of visa numbers within the EB-5 category. One is reserved for certain set-aside categories while the remaining available numbers remain ‘unreserved’.

In the Final Action Dates chart, the employment-based 5th preference category Unreserved is ‘Current’ for all countries, except for China-mainland born, which is subject to a final action date of March 22, 2015 in the EB5 Unreserved category. It had visa cutoff date of March 22, 2015 in the January 2023 visa bulletin as well.

Furthermore, EB-5 Unreserved category for Indian nationals in the Final Action dates chart remains subject to cutoff date of November 8, 2019. It had cutoff date of November 8, 2019 in the January 2023 visa bulletin as well.

Meanwhile, in final action dates chart for EB5 Set Asides (which covers Rural, and High Unemployment, and Infrastructure areas) for Chinese born applicants as well as applicants from around the world still remain ‘Current’.

As the visa bulletin filing dates continue to move ahead in Fiscal Year 2023, we also encourage readers to continue to check back with our site for any updates regarding this and any other latest immigration news and developments.

Department of State also included reminder notes again about the Diversity Immigrant Visa category. It confirms that entrants registered for the DV-2023 program did undergo random selection and those who were picked in the lottery would now be able to login to DV-2023 diversity designated website and begin preparations to submit immigrant visa applications by following procedures to do so. It should be noted that all eligible DV-2023 visa applicants must receive their immigrant visas (or adjust status, if they are present in the United States) by September 30, 2023. If they do not receive their immigrant visas (or adjust their status in the U.S.) by September 30, 2023, then they would lose their chance to do so, and they will have to pursue lottery registration next year again.

While the monthly visa bulletin is showing slower movement in visa cut off dates, we do encourage you to check in this space regularly for any further updates.

Pasricha & Patel’s Immigration Department has extensive experience in handling business and personal immigration matters. Our team is happy to speak with you on your specific issue