The US Citizenship and Immigration Services (USCIS) will use the Final Action Dates for Employment-Based Adjustment of Status Applications chart in August 2023, reflecting more than 10 years retrogression in the priority dates of India EB-1 applicants and the establishment of priority dates for EB-1 applicants of Mexico, the Philippines, and All Chargeability Areas.
The US Department of State has released its August 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 AUGUST 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 August 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 August 2023 must use the Final Action Dates chart below.
FINAL ACTION CUTOFF DATES
To be eligible to file an EB adjustment application in August 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)
A cutoff date has been established for EB-1 for All Chargeability areas, Mexico, and the Philippines. This means that EB-1 applicants who are nationals of these countries, 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 will retrogress more than 10 years to January 1, 2012. The cutoff date for EB-1 China remains February 1, 2022. The 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 approximately six weeks to April 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 April 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 retrogress by 21 months to 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 two months to June 1, 2019. This means that China EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before June 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
The Other Workers cutoff date will advance by four months to May 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 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 at 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 established a Final Action priority date cutoff of August 1, 2023, for All Chargeable Areas, Mexico, and the Philippines with the EB-1 category. The Department of State anticipates that priority dates for these countries will return to “Current” at the beginning of the new fiscal year.
The EB-1 Final Action cutoff date for India EB-1 has retrogressed more than 10 years to January 1, 2012. This retrogression will last through the end of the fiscal year, at which point the Department of State expects the priority cutoff date for India EB-1 to advance to February 1, 2022, the priority date cutoff seen in the July 2023 visa bulletin, or later. The exact date is dependent on the demand for EB-1 visas by Indian applicants and the FY-2024 annual limit on employment-based preference visas.
As the Department of State and the USCIS continue to see high demand in the EB-3 classification, the EB-3 Final Action cutoff date for All Chargeability Areas, Mexico, and the Philippines retrogressed by 21 months.
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