The US Citizenship and Immigration Services (USCIS) will use the Final Action Dates for Employment-Based Adjustment of Status Applications chart in September 2023. The EB-2 final action cutoff date for Mexico, the Philippines, and All Chargeability Areas will advance three months. The EB-3 final action cutoff date for China will also advance three months.
The US Department of State has released its September 2023 Visa Bulletin outlining per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status application and consular immigrant visa application filings and approvals.
WHAT DOES THE SEPTEMBER 2023 VISA BULLETIN SAY?
The bulletin includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustments of status or immigrant visas, and the latter indicates when adjustment of status applications or immigrant visa applications may be approved, and permanent residence granted.
Each month, the USCIS chooses which chart it will follow. For September 2023, the USCIS will follow the Final Action Dates chart for employment-based (EB) filings for adjustment of status. This means that individuals seeking to file applications for adjustment of status with the USCIS in September 2023 must use the Final Action Dates chart below.
FINAL ACTION CUTOFF DATES
To be eligible to file an EB adjustment application in September 2023, a foreign national must have a priority date that is earlier than the date listed below for their preference category and country. The “C” listing indicates that the category is current, and applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date that is earlier than the listed date may file their applications.
EMPLOYMENT-BASED FIRST PREFERENCE (EB-1)
EB-1 cutoff dates remain unchanged for all chargeable areas. The EB-1 cutoff date for applicants from Mexico, the Philippines, and All Chargeable Areas will remain August 1, 2023. This means that all applicants who are chargeable to these areas whose I-485 applications have not yet been filed and have a priority date before August 1, 2023 can file their I-485 applications with the USCIS.
The EB-1 cutoff date for EB-1 India remains January 1, 2012. This means that India EB-1 applicants whose I-485 applications have not yet been filed and have a priority date before January 1, 2012 can file their I-485 applications with the USCIS.
The cutoff date for EB-1 China remains February 1, 2022. This means that China EB-1 applicants whose I-485 applications have not yet been filed and have a priority date before February 1, 2022 can file their I-485 applications with the USCIS.
EMPLOYMENT-BASED SECOND PREFERENCE (EB-2)
The EB-2 cutoff date for All Chargeability Areas, Mexico, and the Philippines will advance by three months to July 1, 2022. This means that all applicants who are chargeable to these areas whose I-485 applications have not yet been filed and have a priority date before July 1, 2022 can file their I-485 applications with the USCIS.
The EB-2 cutoff date for China will remain July 8, 2019. This means that China EB-2 applicants whose I-485 applications have not yet been filed and have a priority date before July 8, 2019 can file their I-485 applications with the USCIS.
The EB-2 cutoff date for India will remain January 1, 2011. This means that India EB-2 applicants whose I-485 applications have not yet been filed and have a priority date before January 1, 2011 can file their I-485 applications with the USCIS.
EMPLOYMENT-BASED THIRD PREFERENCE (EB-3)
The EB-3 cutoff date for All Chargeability Areas, Mexico, and the Philippines will remain May 1, 2020. This means that all applicants who are chargeable to these areas whose I-485 applications have not yet been filed and have a priority date before May 1, 2020 can file their I-485 applications with the USCIS.
The EB-3 cutoff date for China will advance by three months to September 1, 2019. This means that China EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before September 1, 2019 can file their I-485 applications with the USCIS.
The EB-3 cutoff date for India will remain January 1, 2009. This means that India EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before January 1, 2009 can file their I-485 applications with the USCIS.
OTHER WORKERS
Other Workers cutoff dates remain unchanged for all chargeable areas. The Other Workers cutoff date remain May 1, 2020, for All Chargeability Areas, Mexico, and the Philippines. This means that Other Worker applicants from these areas whose I-485 applications have not yet been filed and have a priority date before May 1, 2020 can file their I-485 applications with the USCIS.
The Other Workers cutoff date for China will remain September 1, 2015. This means that Other Worker applicants from China whose I-485 applications have not yet been filed and have a priority date before September 1, 2015 can file their I-485 applications with the USCIS.
The Other Workers cutoff date for India will remain January 1, 2009. This means that Other Worker applicants from India whose I-485 applications have not yet been filed and have a priority date before January 1, 2009 can file their I-485 applications with the USCIS.
SIGNIFICANT DEVELOPMENTS
The Department of State reports steady usage of visas in all employment-based preference categories throughout the fiscal year. The Department of State expects that most employment-based preference category limits as well as the overall employment-based preference limit for FY 2023 will be reached in September.
The Department of State warns that if at any time the annual limit is reached, the preference category will immediately be made “unavailable,” and no further requests for immigrant visa numbers will be honored.
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