The EB-3 cutoff date for All Chargeability Areas, Mexico, and the Philippines will retrogress by 21 months to May 1, 2020. 2. All Rights Reserved. The May 2023 Visa Bulletin has been released, and one of the most important takeaways is the warning that India EB2 will retrogress further as soon as next month. 1. 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. 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. 3. FINAL ACTION DATES FOREMPLOYMENT-BASEDPREFERENCE CASES. *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. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbersBELOWthe specified allocation cut-off number: D.VISA AVAILABILITY IN THE EMPLOYMENT-BASED FIRST PREFERENCE (EB-1) FOR CHINA AND INDIA. Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: A. Born. Lines and paragraphs break automatically. US Department of State Releases August 2023 Visa Bulletin. If a category is designated current, all applicants in the relevant category may file applications, regardless of priority date. 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. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin for May 2022. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. B. The charts are: When USCIS determines there are immigrant visas available for the filing of additional adjustment of status applications, the Dates for Filing Applications chart may be used to determine when to file an adjustment of status application with USCIS. DOS will post two charts per visa preference category in the DOS Visa Bulletin. A cutoff date has been established for EB-1 for All Chargeability areas, Mexico, and the Philippines. The EB-3 cutoff date for China will advance by two months to June 1, 2019. Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. 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. Our website is the largest portal in the world on immigration, including more than 200,000 registered members and two million posts onforums.immigration.com. If a category is designated current, all applicants in the relevant category may file applications, regardless of priority date. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. 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. 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. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by April 7th. Mondaq uses cookies on this website. The C listing indicates that the category is current, and applications may be filed regardless of the applicants priority date. Otherwise, the Application Final Action Dates chart must be used to determine when to file an adjustment of status application with USCIS. USCIS, in coordination with DOS, revised the procedures for determining visa availability for applicants waiting to file for adjustment of status. 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. There has been a change in the Final Action date in the EB-2 category. 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. If a category is designated current, all applicants in the relevant category may file, regardless of priority date. 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. Share sensitive information only on official, secure websites. 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. Nothing on AILA.org constitutes legal advice, and information on AILA.org is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, and independent research based on statutory and regulatory authorities, case law, policy guidance, and for procedural issues, federal government websites. EB2 India Green Card Prediction - July 2023 Bulletin and Beyond This revised process will enhance DOS's ability to more accurately predict overall immigrant visa demand in determining the cut-off dates for the Visa Bulletin. To determine visa availability, USCIS will compare the number of visas available for the remainder of the fiscal year with: An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. 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. In addition to final action dates and dates for filing, it contains notes on the DV category including DV-2022 results, reauthorization of I5 and R5 visa categories, extension of SR category, and more. 1331 G Street NW, Suite 300 Every effort will be made in October to return the final action dates to at least the final action dates announced for April. The Department and USCIS continue . Rajivs 2004call-in show on C-SPANabout summer work visas is one of the most-watched C-SPAN video ever. In coordination with the DOS, USCIS will monitor visa numbers each month and post the relevant chart on this page under When to File. This bulletin summarizes the availability of immigrant numbers during Mayfor: 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. US Department of State Releases August 2023 Visa Bulletin DATES FOR FILING OF EMPLOYMENT-BASEDVISAAPPLICATIONS. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. May 2022 Visa Bulletin Update - visaeb-5.com Stay in that row and move directly to the right to find the corresponding date under the country of your birth (as listed in the boldface columns across the top). This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates. The Visa Bulletin - Travel As of April . Those Listed, China DV visas may not be issued to DV-2023 applicants after that date. AILA - Visa Bulletin for May 2022 Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. (NOTE: Numbers are authorized for issuance only for applicants whose priority date isearlierthan the final action date listed below.). The EB-3 cutoff date for India will remain January 1, 2009. 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. May 17, 2023 All About the June 2023 Visa Bulletin by Jacob Sapochnick In this blog post we share with you the latest trends and projections of the June Visa Bulletin, and updates on visa availability for family-sponsored and employment-based preference categories. If at any time an annual limit were reached, it would be necessary to immediately make the preference category unavailable, and no further requests for numbers would be honored. The listing of a date for any category indicates that only applicants with a priority date which isearlierthan the listed date may file their application. May 2023 visa bulletin - retrogression expands in EB - YouTube You can stay up-to-date with the latest immigration news by subscribing to our Free E-Mail Newsletter. All About the June 2023 Visa Bulletin Visa Lawyer Blog May 17, 2023 G.VISA AVAILABILITY IN THE EMPLOYMENT-BASED THIRD PREFERENCE (EB-3) FOR REST OF WORLD COUNTRIES, MEXICO, AND PHILIPPINES. When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: August 2023. The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date. The remaining 68% are unreserved and are allotted for all other qualified immigrants. USCIS May 2023 Visa Bulletin Released: Notable Developments for To help you prepare for your upcoming immigrant visa or green card filing, we share what you can expect to see in the upcoming month's visa bulletin. The main changes are: EB1 final action date for ROW is set to August 2023. A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS. For the rest of the world, Mexico, and the Philippines, the cutoff date retrogressed to February 15, 2022, from July 1, 2022. 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. DV visas may not be issued to DV-2023 applicants after that date. If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process. The U.S. Department of State recently updated four provisions in the Foreign Affairs Manual related to visa processing for E-1, E-2, and E-3 applicants and eligible family members seeking derivative status. 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. this month for filing applications for adjustment of status with USCIS. The C listing indicates that the category is current, and applications may be filed regardless of the applicants priority date. Final Action Dates for Employment-Based Adjustment of Status Applications, All Chargeability 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. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation. 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. The Department of State has released the May 2023 Visa Bulletin, giving you the latest updates on visa availability for family-sponsored and employment-based preference categories. Those Listed, 5th Unreserved As readers were informed was possible in Item E of the March 2023Visa Bulletin, it has become necessary to establish EB-3 final action dates for Rest of World, Mexico, and Philippines, effective in May, to hold number use within the maximum allowed under the FY-2023 annual limit. 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. Predictions for 2023 Estimate My Green Card Date Will EB2 India reach Dec 2014 by Sep 2023 bulletin? The C listing indicates that the category is current, and that applications may be filed regardless of the applicants priority date. Web page addresses and email addresses turn into links automatically. guide to the subject matter. 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. 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. Please see September 2023 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Ogletree, Deakins, Nash, Smoak & Stewart. 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. Fifth: Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who . this month for filing applications for adjustment of status with USCIS. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. The latest Visa Bulletin cautions that the EB-1 preference category for India will remain retrogressed until at least October 2023 . When to File Your Adjustment of Status Application for Family - USCIS Similarly, spouses and children accompanying or following to join DV-2023 principals are only entitled to derivative DV status until September 30, 2023. May 2023 About the Visa Bulletin DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. Most recently, the U.S. government published the Visa Bulletin for May 2023. The EB-1 Final Action cutoff date for India EB-1 has retrogressed more than 10 years to January 1, 2012. F. VISA AVAILABILITY IN THE EMPLOYMENT-BASED SECOND PREFERENCE (EB-2) AND THE EMPLOYMENT-BASED FIFTH PREFERENCE (EB-5) FOR INDIA. 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. Secure .gov websites use HTTPS As of April 13, adjustment of status filing charts for April are not yet available. Visa Bulletin Predictions For September 2023 - Shusterman Law ago So a year wait for i140 approval in the past becomes a year wait after pp and $2500. 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". Additional goals are outlined in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st Century (PDF). If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. DATES FOR FILING OF EMPLOYMENT-BASEDVISAAPPLICATIONS. For May, F2A numbersEXEMPT from per-country limitare authorized for issuance to applicants from all countries with priority datesearlierthan 01NOV18. Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.S. Department of State of the views or products contained therein. Please see below for more details. At a hearing on June 7, 2023, of the House Subcommittee on Oversight and Accountability, Rena Bitter, Assistant Secretary of State for the Bureau of Consular Affairs Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. Family Based: Final Action Dates Dates For Filing Applications "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Final Action Dates for Employment-Based Adjustment of Status Applications, All Chargeability AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. 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. Waste of money. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbersBELOWthe specified allocation cut-off number: Except: Iran 6,000 The cutoff date for EB-1 China remains February 1, 2022. 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. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
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