The Department of State released the November 2023 Visa Bulletin. All employment-based categories will hold steady in November under Final Action Dates and Dates for Filing with the exception of a small advancement for EB-2 Final Action Dates:

• USCIS will continue to accept employment-based Adjustment of Status applications based on the more advanced Dates for Filing chart in November.
• EB-2 Final Action Dates for all countries aside from China and India will advance by a week to July 15, 2022.
• Final Action Dates and Dates for Filing for all other employment-based categories will remain the same as October.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR DATES for FILING

USCIS confirmed that it will follow the Dates for Filing chart for purposes of eligibility to file an Adjustment of Status application. The Dates for Filing are as follows:

EB-1, First Preference Category

• EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) remains current.
• EB-1 China and India maintain a Dates for Filing cutoff date of August 1, 2022 and July 1, 2019, respectively.

EB-2, Second Preference Category

• EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) maintains a cut-off date of January 1, 2023.
• China: Dates for Filing hold steady at January 1, 2020.
• India:  Dates for Filing hold steady at May 15, 2012.

EB-3, Third Preference Category (Professional and Skilled Workers)

• EB-3 Worldwide (including El Salvador, Guatemala and Honduras, and Mexico) maintains a cut-off date of February 1, 2023.
• Philippines: Dates for Filing hold steady at January 1, 2023.
• China: Dates for Filing hold steady at September 1, 2020.
• India: Dates for Filing hold steady at August 1, 2012.

Other Workers

• All categories hold steady from last month:
  • Other Workers (including El Salvador, Guatemala and Honduras and Mexico) maintain a cut-off date of December 15, 2020.
  • Philippines: May 15, 2020
  • China: June 1, 2017
  • India: August 1, 2012

EB-5: Fifth Preference Category (Immigrant Investors)

• For the EB-5 Unreserved categories (C5, T5, I5, and R5), India and China maintain a cut-off date of January 1, 2017 and April 1, 2022, respectively. All other countries will remain current.
• The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

Individuals with a priority date that is either “current” or before the published cut-off date may file an adjustment of status application based on the dates outlined above.

WHAT SHOULD EMPLOYERS EXPECT?  

As noted in the October Visa Bulletin, Final Action Dates across most employment-based visa categories have advanced. Date advancement will continue to be reviewed with an intention to keep visa issuance within quarterly limits. While further potential date advancements throughout the year may occur, actual date movements will depend on visa demand and issuance through FY 2024. With high demand across all employment-based categories, employers should consider commencing the green card process for foreign national employees earlier to avoid a potential disruption in work authorization as extensive processing delays and visa retrogression continue to persist.

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