The US Citizenship and Immigration Services (USCIS) will use the Final Action Dates for Employment-Based Adjustment of Status Applications chart in June 2023, reflecting minimal changes in per-country priority date cutoffs.
The US Department of State has released its June 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.
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 June 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 June 2023 must use the Final Action Dates chart below.
To be eligible to file an EB adjustment application in June 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.
Final Action Dates for Employment-Based Adjustment of Status Applications |
|||||
Employment- Based |
All Chargeability |
China – |
India |
Mexico |
Philippines |
1st |
C |
01FEB22 |
01FEB22 |
C |
C |
2nd |
15FEB22 |
08JUN19 |
01JAN11 |
15FEB22 |
15FEB22 |
3rd |
01JUN22 |
01APR19 |
15JUN12 |
01JUN22 |
01JUN22 |
Other Workers |
01JAN20 |
01SEP15 (was 15APR15) |
15JUN12 |
01JAN20 |
01JAN20 |
The EB-1 cutoff date will not change for any category from those announced in the May 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.
The EB-2 cutoff date will not change for any category from those announced in the May 2023 Visa Bulletin.
The EB-2 cutoff date for All Chargeability Areas, Mexico, and the Philippines will remain at 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.
The EB-3 cutoff date for All Chargeability Areas, Mexico, and the Philippines will remain at 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 remain at 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.
The Other Workers cutoff date will remain at 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 four and a half months, to 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 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.
The Department of State confirmed that continued high demand in the EB-3 category for India will most likely necessitate retrogression of the EB-3 final action date for India as early as next month. This situation will be monitored.
If you have any questions or would like more information on the issues discussed in this LawFlash, please contact any of the following: