The US Citizenship and Immigration Services will use the Final Action Dates for Employment-Based Adjustment of Status Applications chart in May 2023. Chart updates include significant retrogression for the EB-2 and EB-3 categories for All Chargeability Areas, Mexico, and the Philippines and advancements for the China EB-3 and Other Workers categories.
The US Department of State has released its May 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 MAY 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 May 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 May 2023 must use the Final Action Dates chart below.
FINAL ACTION CUTOFF DATES
To be eligible to file an EB adjustment application in May 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 April 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 for All Chargeable Areas, Mexico, and the Philippines will retrogress by four and a half months to 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 at 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 at 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 Chargeable Areas, Mexico, and the Philippines will retrogress from current to June 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 June 1, 2022 can file their I-485 applications with the USCIS.
The EB-3 cutoff date for China will advance by five months to 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 remain at 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.
OTHER WORKERS
The Other Workers cutoff date will remain as 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 advance by six-and-a-half months to April 15, 2015. This means that Other Worker applicants from China whose I-485 applications have not yet been filed and have a priority date before April 15, 2015 can file their I-485 applications with the USCIS.
The Other Workers cutoff date for India will remain at 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
Due to increasingly high demand in the EB-2 and EB-3 classifications, the EB-2 final action dates for All Chargeable Areas, Mexico, and Philippines have retrogressed to February 15, 2022 and the EB-3 final action dates for All Chargeable Areas, Mexico, and Philippines have retrogressed to June 1, 2022. The China EB-3 and Other Workers categories will advance by five and six-and-a-half months, respectively.
[View source.]
