The US Citizenship and Immigration Services (USCIS) will use the Final Action Dates for Employment-Based Adjustment of Status Applications chart in July 2023, reflecting significant retrogression for India EB-3 and Other Workers Categories.
The US Department of State has released its July 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 JULY 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 July 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 July 2023 must use the Final Action Dates chart below.
FINAL ACTION CUTOFF DATES
To be eligible to file an EB adjustment application in July 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)
The EB-1 cutoff date will not change for any category from those announced in the July 2023 Visa Bulletin. 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 will not change for any category from those announced in the July 2023 Visa Bulletin.
The EB-2 cutoff date for All Chargeability Areas, Mexico, and the Philippines will remain February 15, 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 February 15, 2022, can file their I-485 applications with the USCIS.
The EB-2 cutoff date for China will remain June 8, 2019. This means that China EB-2 applicants whose I-485 applications have not yet been filed and have a priority date before June 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 retrogress by four months to February 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 February 1, 2022, can file their I-485 applications with the USCIS.
The EB-3 cutoff date for China will remain April 1, 2019. This means that China EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before April 1, 2019, can file their I-485 applications with the USCIS.
The EB-3 cutoff date for India will retrogress by more than three years and five months, to 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
The Other Workers cutoff date will remain January 1, 2020, for All Chargeability Areas, Mexico, and the Philippines. This means that Other Workers applicants from these areas whose I-485 applications have not yet been filed and have a priority date before January 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 retrogress by more than three years and five months to 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
As anticipated, retrogression will occur in July 2023. The EB-3 and Other Workers Final Action date for All Chargeability Areas retrogressed by four months. Additionally, the EB-3 and Other Workers Final Action dates for India retrogressed by over three years and five months. The Department of State maintains that steady number use and high demand in the EB-3 category for India will most likely necessitate further regression in future months.
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