Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This Insight reviews November’s release to help employers determine whether and when you should provide corresponding notifications to any of your foreign-national employees to assist their efforts. You’ll also find a specific action plan so you can adapt your immigration strategy given this month’s information. Read on to ensure you follow compliant processes that address your critical workforce needs in a timely manner.
November Dates: An Overview
The Visa Bulletin includes a list of dates informing overseas immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to move forward with the consular stamping process. These dates are also used to determine eligibility for Adjustment of Status to Lawful Permanent Residence with US Citizenship and Immigration Services (USCIS) for applicants who are already physically present in the US.
As is common at the start of the government’s fiscal year, there is little to no movement in this month’s bulletin, which is helpful for those people who became current in October. USCIS announced that it will continue to follow the State Department’s “Dates for Filing” chart, published in the November Visa Bulletin to determine whether candidates are eligible to submit an employment-based Adjustment of Status application for that month.
To determine potential eligibility, dates that appear in this chart must be compared with an employee’s immigration priority date, as shown on their earliest available I-797 Notice of Action (Receipt Notice) issued by USCIS for any EB-1, EB-2, or EB-3 (I-140) Immigrant Petition filed on their behalf by a sponsoring employer.
The November Dates for Filing shows no movement from the October Visa Bulletin for all countries in the EB-1, EB-2, and EB-3 Professional/Skilled Worker categories.
November Dates for Filing for EB-1 Nationals, EB-2 Nationals and EB-3 Nationals:
For Indian Nationals:
- EB-1 Date for Filing Date: April 15, 2023
- EB-2 Date for Filing Date: December 1, 2013
- EB-3 Date for Filing Date: August 15, 2014
For Chinese Nationals:
- EB-1 Date for Filing Date: May 15, 2023
- EB-2 Date for Filing Date: December 1, 2021
- EB-3 Date for Filing Date: January 1, 2022
For Mexican Nationals:
- EB-1 Date for Filing Date: Current
- EB-2 Date for Filing Date: July 15, 2024
- EB-3 Date for Filing Date: July 1, 2023
For Philippine Nationals:
- Date for Filing Date: Current
- Date for Filing Date: July 15, 2024
- Date for Filing Date: July 1, 2023
All Other Nationals:
- EB-1 Date for Filing Date: Current
- EB-2 Date for Filing Date: July 15, 2024
- EB-3 Date for Filing Date: July 1, 2023
Dates for Filing Chart:
The recently announced Dates for Filing EB-1, EB-2, and EB-3 appear in the table below. Please note this table can always change, so check here for the most accurate and updated information before acting on these dates.
Action Dates Chart: The Final Action Dates Chart in the Visa Bulletin indicates the cut-off date the US government is using to determine the issuance of an immigrant visa or an approval of an Adjustment of Status application. For the November Final Action Dates Chart there have been no changes from the October Visa Bulletin:
- EB-1: China will remain at December 22, 2022. India remains unchanged at February 15, 2022, while all other countries remain current.
- EB-2: China remains at April 1, 2021. India will remain at April 1, 2013. All other countries will remain at December 1, 2023.
- EB-3 (Professionals and Skilled Workers): China remains at March 1, 2021. India remains at August 22, 2013. All other countries remain at April 1, 2023.
What Should You Do? Your Action Plan
For November, USCIS is using the “Dates for Filing” chart in accepting new applications for Adjustment of Status to Lawful Permanent Residence. This means an application may be filed by a candidate with an immigration priority date that is earlier than the listed cutoff date for their preference category and country of chargeability, or whose category is otherwise listed as current.
For Adjustment of Status cases that are already pending and were filed in a category that has since fallen behind in its cutoff date, USCIS will not begin processing until the Final Action Date has surpassed the individual immigration priority date or is otherwise deemed current. While overall processing may be delayed, a duly filed application will remain in good standing in the government’s queue, and USCIS will process related requests for EAD cards and Advanced Parole.
If you have employees who have priority dates that will be (or remain) current in November, you should reach out to your immigration attorney to prepare and submit their Adjustment of Status Application in November.
