The US Citizenship and Immigration Services will use the Final Action Dates for Employment-Based Adjustment of Status Applications chart in April 2023. Retrogressions of note include a 16-month retrogression for the India EB-2 classification.
The US Department of State has released its April 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 APRIL 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 US Citizenship and Immigration Services (USCIS) chooses which chart it will follow. For April 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 April 2023 must use the Final Action Dates chart below.
DATES FOR FILING CUTOFF DATES
To be eligible to file an EB adjustment application in April 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 that 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)
The EB-1 cutoff date will retrogress by four months to February 1, 2022 for both China and India. This means that China and India 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. All other EB-1 categories remain current (C), with no cutoff dates.
Employment-Based Second Preference (EB-2)
The EB-2 cutoff date for All Chargeable Areas, Mexico, and the Philippines will retrogress by five 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 at 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 retrogress by 16 months to 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 China will advance by two months to November 1, 2018. This means that China EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before November 1, 2018 can file their I-485 applications with the USCIS.
The EB-3 cutoff date for India will retrogress by six weeks to June 15, 2012. This means that India EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before June 15, 2012 can file their I-485 applications with the USCIS.
All other EB-3 priority date cutoffs remain current (C).
Other Workers
The Other Workers cutoff date will retrogress by one month to January 1, 2022 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 January 1, 2022 can file their I-485 applications with the USCIS.
The Other Workers cutoff date for China will retrogress by 11 months to October 1, 2014. This means that Other Worker applicants from China whose I-485 applications have not yet been filed and have a priority date before October 1, 2014 can file their I-485 applications with the USCIS.
The Other Workers cutoff date for India will retrogress by six weeks to June 15, 2012. This means that Other Worker applicants from India whose I-485 applications have not yet been filed and have a priority date before June 15, 2012 can file their I-485 applications with the USCIS.
SIGNIFICANT DEVELOPMENTS
According to the April 2023 bulletin, due to the high demand from applicants with priority dates earlier than the established final action dates, EB-2 final action dates for Rest of World, India, Mexico, and the Philippines will continue to retrogress to keep number use within the fiscal year 2023 annual limit. The US Department of State will continue to monitor usage and make adjustments as necessary.
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