LawFlash

US Department of State Releases November 2023 Visa Bulletin

October 24, 2023

The US Citizenship and Immigration Services (USCIS) will use the Dates for Filing Chart in November 2023. The US Department of State Visa Bulletin for November 2023 reflects no advancement in priority date cutoff dates in the Dates for Filing Chart.

The US Department of State has released its November 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 NOVEMBER 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 November 2023, the USCIS will follow the Dates for Filing 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 November 2023 must use the Dates for Filing chart below.

DATES FOR FILING FINAL CUTOFF DATES

To be eligible to file an EB adjustment application in November 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

All Chargeability
Areas Except
Those Listed

China-
Mainland
Born

India

Mexico

Philippines

1st

C

01AUG22

01JUL19

C

C

2nd

01JAN23

01JAN20

15MAY12

01JAN23

01JAN23

3rd

01FEB23

01SEP20

01AUG12

01FEB23

01JAN23

Other Workers

15DEC20

01JUN17

01AUG12

15DEC20

15MAY20

 

EMPLOYMENT-BASED FIRST PREFERENCE (EB-1)

The EB-1 cutoff date for applicants from Mexico, the Philippines, and All Chargeable Areas will remain current. This means that all applicants chargeable to these areas whose I-485 applications have not yet been filed can file their I-485 applications with the USCIS.

The EB-1 cutoff date for India will remain July 1, 2019. This means that India EB-1 applicants whose I-485 applications have not yet been filed and who have a priority date before July 1, 2019, can file their I-485 applications with the USCIS.

The EB-1 cutoff date for China will remain August 1, 2022. This means that China EB-1 applicants whose I-485 applications have not yet been filed and have a priority date before August 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 remain January 1, 2023. This means that all applicants chargeable to these areas whose I-485 applications have not yet been filed and who have a priority date before January 1, 2023, can file their I-485 applications with the USCIS.

The EB-2 cutoff date for China will remain January 1, 2020. This means that China EB-2 applicants whose I-485 applications have not yet been filed and who have a priority date before January 1, 2020, can file their I-485 applications with the USCIS.

The EB-2 cutoff date for India will remain May 15, 2012. This means that India EB-2 applicants whose I-485 applications have not yet been filed and who have a priority date before May 15, 2012, can file their I-485 applications with the USCIS.

EMPLOYMENT-BASED THIRD PREFERENCE (EB-3)

The EB-3 cutoff date for All Chargeability Areas and Mexico will remain February 1, 2023. This means that all applicants chargeable to these areas whose I-485 applications have not yet been filed and who have a priority date before February 1, 2023, can file their I-485 applications with the USCIS.

The EB-3 cutoff date for China will remain September 1, 2020. This means that China EB-3 applicants whose I-485 applications have not yet been filed and who have a priority date before September 1, 2020, can file their I-485 applications with the USCIS.

The EB-3 cutoff date for India will remain August 1, 2012. This means that India EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before August 1, 2012, can file their I-485 applications with the USCIS.

The EB-3 cutoff date for the Philippines will remain January 1, 2023. This means that Philippines EB-3 applicants whose I-485 applications have not yet been filed and who have a priority date before January 1, 2023, can file their I-485 applications with the USCIS.

OTHER WORKERS

The Other Workers cutoff date for All Chargeability Areas and Mexico will remain December 15, 2020. This means that Other Worker applicants from these areas whose I-485 applications have not yet been filed and who have a priority date before December 15, 2020, can file their I-485 applications with the USCIS.

The Other Workers cutoff date for China will remain June 1, 2017. This means that Other Worker applicants from China whose I-485 applications have not yet been filed and who have a priority date before June 1, 2017, can file their I-485 applications with the USCIS.

The Other Workers cutoff date for India will remain August 1, 2012. This means that Other Worker applicants from India whose I-485 applications have not yet been filed and who have a priority date before August 1, 2012, can file their I-485 applications with the USCIS.

The Other Workers cutoff date for the Philippines will remain May 15, 2020. This means that Other Workers applicants from the Philippines whose I-485 applications have not yet been filed and who have a priority date before May 15, 2020, can file their I-485 applications with the USCIS.

SIGNIFICANT DEVELOPMENTS

The Dates for Filing Chart in the November Visa Bulletin shows no advancement; however, the Final Action cutoff date for All Chargeability Areas, Mexico, and the Philippines did advance by one week, to July 15, 2022. This adjustment aligns with the Department of State objective mentioned in the October 2023 Visa Bulletin, which was to “keep visa issuance within quarterly limits in accordance with INA sections 201(a)(2) and 203(g), with potential date advancements throughout the fiscal year.” 

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