This bulletin summarizes the availability of immigrant numbers during August for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are authorized for issuance to all qualified applicants; and “U” means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)
| Family- Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01JAN15 | 01JAN15 | 01JAN15 | 22APR01 | 01MAR12 |
| F2A | 08OCT17 | 08OCT17 | 08OCT17 | 01SEP16 | 08OCT17 |
| F2B | 22SEP15 | 22SEP15 | 22SEP15 | 01AUG01 | 22OCT11 |
| F3 | 08JAN09 | 08JAN09 | 08JAN09 | 15JAN98 | 08JUN02 |
| F4 | 22APR07 | 22APR07 | 15SEP05 | 01AUG00 | 22AUG02 |
B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.
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 which is earlier than the listed date may file their application.
Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS.
| Family- Sponsored | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01SEP17 | 01SEP17 | 01SEP17 | 01APR05 | 22APR15 |
| F2A | C | C | C | C | C |
| F2B | 01JAN17 | 01JAN17 | 01JAN17 | 01AUG04 | 01OCT13 |
| F3 | 01MAR10 | 01MAR10 | 01MAR10 | 15JUN01 | 08NOV03 |
| F4 | 01MAR08 | 01MAR08 | 22FEB06 | 15APR01 | 22APR04 |
5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:
A. FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are authorized for issuance to all qualified applicants; and “U” means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)
| Employment- based | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | 01AUG23 | 01FEB22 | 01JAN12 | 01AUG23 | 01AUG23 |
| 2nd | 01APR22 | 08JUL19 | 01JAN11 | 01APR22 | 01APR22 |
| 3rd | 01MAY20 | 01JUN19 | 01JAN09 | 01MAY20 | 01MAY20 |
| Other Workers | 01MAY20 | 01SEP15 | 01JAN09 | 01MAY20 | 01MAY20 |
| 4th | 01SEP18 | 01SEP18 | 01SEP18 | 01SEP18 | 01SEP18 |
| Certain Religious Workers | 01SEP18 | 01SEP18 | 01SEP18 | 01SEP18 | 01SEP18 |
| 5th Unreserved (including C5, T5, I5, R5) | C | 08SEP15 | 01APR17 | C | C |
| 5th Set Aside: Rural (20%) | C | C | C | C | C |
| 5th Set Aside: High Unemployment (10%) | C | C | C | C | C |
| 5th Set Aside: Infrastructure (2%) | C | C | C | C | C |
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.
*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. For Fiscal Year 2023 this reduction will be limited to approximately 150.
B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.
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 which is earlier than the listed date may file their application.
Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS.
| Employment- based | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01JUN22 | 01JUN22 | C | C |
| 2nd | 01DEC22 | 08OCT19 | 01MAY12 | 01DEC22 | 01DEC22 |
| 3rd | 01MAY23 | 01SEP19 | 01AUG12 | 01MAY23 | 01MAY23 |
| Other Workers | 01JUN20 | 01JAN16 | 01AUG12 | 01JUN20 | 01JUN20 |
| 4th | 01OCT18 | 01OCT18 | 01OCT18 | 01OCT18 | 01OCT18 |
| Certain Religious Workers | 01OCT18 | 01OCT18 | 01OCT18 | 01OCT18 | 01OCT18 |
| 5th Unreserved (including C5, T5, I5, R5) | C | 01JAN16 | 08DEC19 | C | C |
| 5th Set Aside: (Rural – 20%) | C | C | C | C | C |
| 5th Set Aside: (High Unemployment – 10%) | C | C | C | C | C |
| 5th Set Aside: (Infrastructure – 2%) | C | C | C | C | C |
C. THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN SEPTEMBER
For September, immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
| Region | All DV Chargeability Areas Except Those Listed Separately | |
|---|---|---|
| AFRICA | Current | Except: Algeria 45,000 Egypt 43,200 Morocco 63,400 |
| ASIA | 21,000 | Except: Iran 16,000 Nepal 21,000 |
| EUROPE | 32,000 | Except: Russia 32,000 Uzbekistan 17,000 |
| NORTH AMERICA (BAHAMAS) | Current | |
| OCEANIA | 2,500 | |
| SOUTH AMERICA, and the CARIBBEAN | 3,150 |
D. FAMILY-SPONSORED SECOND PREFERENCE AVAILABILITY
In the April 2023 Visa Bulletin, it was necessary to establish a final action date in the F2A category and Item D of the July 2023 Visa Bulletin warned of the strong possibility of retrogression as early as August. Number use has remained steady, and it has become necessary to retrogress the final action date to keep number use within the FY-2023 annual limit. F2A numbers exempt from per-country limits are available to applicants from all countries with priority dates earlier than 01SEP16. F2A numbers subject to per-country limits are available to applicants chargeable to all countries except Mexico, with priority dates beginning 01SEP16 and earlier than 08OCT17. All F2A numbers provided for Mexico are exempt from the per-country limit.
Additionally, number use in the F2B category has been steady throughout the fiscal year, and it may become necessary to retrogress the final action dates for Rest of World countries, India, and China in September to keep number use within the FY-2023 annual limit.
These situations will be continually monitored, and any necessary adjustments will be made accordingly.
E. ESTABLISHMENT OF WORLDWIDE EMPLOYMENT-BASED FIRST PREFERENCE (EB-1) FINAL ACTION DATE
Due to steady number use and high demand, it has become necessary to establish an EB-1 final action date for Rest of World countries, Mexico, and Philippines effective in August to hold number use within the maximum allowed under the FY-2023 annual limit. Rest of World countries, Mexico, and Philippines are subject to a final action date of 01AUG23. This situation will be continually monitored, and any necessary adjustments will be made accordingly. It is likely that in October the category will return to “Current” for these countries.
F. RETROGRESSION IN THE EMPLOYMENT-BASED FIRST PREFERENCE (EB-1) FOR INDIA
As readers were informed was possible in the May 2023 Visa Bulletin, it has become necessary to retrogress the EB-1 final action date for India, effective in August. India is oversubscribed, and therefore subject to prorating under INA 202(e). Until now, applicants chargeable to India had been able to receive prior unused numbers within EB-1 under INA 202(a)(5). With a worldwide final action date being set for EB-1 because the demand is greater than the number of visas remaining, the Department can no longer issue EB-1 visas without regard to the per-country numerical limitations and so applicants from India are no longer able to receive EB-1 numbers under INA 202(a)(5). Having reached their limit for FY-2023 within EB-1, India will be subject to an EB-1 final action date of 01JAN12, the oldest priority date of an EB-1 applicant (many Indian EB-1 applicants have priority dates from 2012-2015 because of priority date retention based on previously-approved petitions in the EB-2 or EB-3 categories). It is likely that in October the final action date will advance to at least the final action date announced in the July Visa Bulletin; however, the date is dependent on the demand for EB-1 visas by Indian applicants and the FY-2024 annual limit on employment-based preference visas.
G. RETROGRESSION IN THE EMPLOYMENT-BASED THIRD PREFERENCE (EB-3) FOR REST OF WORLD COUNTRIES, MEXICO, AND PHILIPPINES
In the May 2023 Visa Bulletin, the EB-3 final action dates for Rest of World, Mexico, and the Philippines were established to keep number use within the FY 2023 annual limit. This was in part due to higher than expected demand from applicants with priority dates earlier than the established final action dates. The Department and USCIS continue to see increased demand from these applicants, necessitating retrogression. As a result, the Rest of World, Mexico, and Philippines EB-3 final action dates have retrogressed to 01MAY20. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
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