Your Guide to the September 2023 Visa Bulletin — Visa Lawyer Blog — August 10, 2023
In this blog post, we summarize the movement of the family-sponsored and employment-based preference categories of the September Visa Bulletin.
This information will be helpful to those applying for an immigrant visa at a U.S. Consulate overseas, and those applying for adjustment of status to permanent residence in the United States.
Overview
What is the Visa Bulletin?
The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories. The purpose of the visa bulletin is to inform immigrants who are subject to the numerical quota system of when they are eligible to apply for an immigrant visa or adjustment of status application. Applicants can determine their place in line by looking at the priority date on their underlying immigrant petition. Applicants with a priority date that is “current” on the Visa Bulletin can move forward with the immigration process, because that means a visa number is available to them.
What are the preference categories that are subject to the numerical limitations?
The Family Sponsored Preference Categories and their annual limits are as follows:
First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.
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:
- (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
- (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.
The Employment-Based Preference Categories and their annual limits are as follows:
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.
Highlights of the September 2023 Visa Bulletin
Employment Based Categories
Final Action cutoff dates – Movement in September:
- EB-2: will advance for all countries except India and China, by three months to July 1, 2022.
- EB-3: EB-3 China Professional/Skilled Worker will advance by three months, to September 1, 2019
- All other employment-based Final Action Dates remain unchanged from the August Visa Bulletin
Family-sponsored categories
Dates for Filing cutoff dates – Advancements in September:
- The family-sponsored Dates for Filing remain unchanged from the August visa bulletin except the F2A dates for filing has a new cutoff date of September 1, 2023 for all categories
Adjustment of Status Filing Chart September 2023
The U.S. Citizenship and Immigration Services (USCIS) has published guidance indicating that USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s September 2023 Visa Bulletin.
For family-sponsored filings, USCIS will accept adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s September 2023 Visa Bulletin.
You may also find the Adjustment of Status USCIS Filing Charts here:
August 2023 Visa Bulletin Dates for Filing Cutoff Dates
Employment-Based Categories
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s September 2023 Visa Bulletin, the following Final Action cutoff dates will apply for employment-based categories, which will determine whether an adjustment of status application can be filed with USCIS in the month of September:
- EB-1: The category remains unchanged from the August Visa Bulletin. China will remain at February 1, 2022, India will remain at January 1, 2012. All other countries remain at August 1, 2023.
- EB-2: India will remain at January 1, 2011. China will remain at July 8, 2019. All other countries will advance by 3 months to July 1, 2022
- EB-3 Professionals and Skilled Workers: India will remain at January 1, 2009. China will advance by 3 months to September 1, 2019. All other countries will remain at May 1, 2020
- EB-3 Other Workers: India will remain at January 1, 2009, China will remain at September 1, 2015. All other countries will remain at May 1, 2020
- EB-4: All countries will remain at September 1, 2018.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will remain at April 1, 2017, and China will remain at September 8, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| 1st | 01AUG23 | 01FEB22 | 01JAN12 | 01AUG23 | 01AUG23 |
| 2nd | 01JUL22 | 08JUL19 | 01JAN11 | 01JUL22 | 01JUL22 |
| 3rd | 01MAY20 | 01SEP19 | 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 FOURTH PREFERENCE CATEGORY (EB-4)
Beginning with the April 2023 Visa Bulletin, the final action and application filing dates for the Employment-Based Fourth Preference (EB-4) immigrant visa applicants from El Salvador, Guatemala, and Honduras are now provided in the column headed “All Chargeability Areas Except Those Listed.” This means that such countries have now been consolidated in that column. This change affects only EB-4 applicants.
Final Action Dates for September 2023
EB-1
Unchanged from August
- China: February 1, 2022
- India: January 1, 2012
- All other countries: August 1, 2023
EB-2
- China: July 8, 2019
- India: January 1, 2011
- All other countries: July 1, 2022 (Advancement of 3 months)
EB-3 Professionals and Skilled Workers
Unchanged from August
- China: June 1, 2019
- India: January 1, 2009
- All other countries: May 1, 2020
EB-3 Other Workers
Unchanged from August
- China: September 1, 2015
- India: January 1, 2009
- All other countries: May 1, 2020
EB-4
Unchanged from August
- All countries: September 1, 2018
EB-5 Unreserved (Regional Center and Non-Regional Center)
Unchanged from August
- China: September 8, 2015
- India: April 1, 2017
- All other countries: Current
EB-5 Set-Asides
Unchanged from August
- Rural: Current for all countries
- High Unemployment: Current for all countries
- Infrastructure: Current for all countries
DATES FOR FILING CHART FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s September 2023 Visa Bulletin, the following Dates for Filing cutoff dates will apply for employment-based categories:
| 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 |
Dates for Filing for September 2023
EB-1
Unchanged from August
- China: June 1, 2022
- India: June 1, 2022
- All other countries: Current
EB-2
Unchanged from August
- China: October 8, 2019
- India: May 1, 2012
- All other countries: December 1, 2022
EB-3 Professionals and Skilled Workers
- China: November 1, 2019 (advancement)
- India: August 1, 2012
- All other countries: May 1, 2023
EB-3 Other Workers
Unchanged from August
- China: January 1, 2016
- India: August 1, 2012
- All other countries: June 1, 2020
EB-4
Unchanged from August
- All countries: October 1, 2018
EB-5 Unreserved (Regional Center and Non-Regional Center)
Unchanged from August
- China: January 1, 2016
- India: December 8, 2019
- All other countries: Current
EB-5 Set-Asides
Unchanged from August
- Rural: Current for all countries
- High Unemployment: Current for all countries
- Infrastructure: Current for all countries
Family-Sponsored Categories
DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s September 2023 Visa Bulletin, the following Dates for Filing cutoff dates will apply for family-sponsored categories, which will determine whether an adjustment of status application can be filed with USCIS in September:
- F-1 Mexico will remain at April 1, 2005
- F-1 Philippines will remain at April 22, 2015
- F-1 China, India, Worldwide will remain at September 1, 2017
- F2A has a new cutoff date of September 1, 2023 for all categories
- F2B Mexico will remain at August 1, 2004
- F2B Philippines will remain at October 1, 2013
- F2B China, India, Worldwide will remain at January 1, 2017
- F3 China, India, Worldwide will remain at March 1, 2010
- F3 Mexico will remain at June 15, 2001
- F3 Philippines will remain at November 8, 2003
- F4 China, Worldwide will remain at March 1, 2008
- F4 India will remain at February 22, 2006
- F4 Mexico will remain at April 15, 2001
- F4 Philippines will remain at April 22, 2004
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 01SEP17 | 01SEP17 | 01SEP17 | 01APR05 | 22APR15 |
| F2A | 01SEP23 | 01SEP23 | 01SEP23 | 01SEP23 | 01SEP23 |
| F2B | 01JAN17 | 01JAN17 | 01JAN17 | 01AUG04 | 01OCT13 |
| F3 | 01MAR10 | 01MAR10 | 01MAR10 | 15JUN01 | 08NOV03 |
| F4 | 01MAR08 | 01MAR08 | 22FEB06 | 15APR01 | 22APR04 |
Dates for Filing September 2023
F-1 Unmarried Sons and Daughters of U.S. Citizens
Unchanged from August
- China, India, World: September 1, 2017
- Mexico: April 1, 2005
- Philippines: April 22, 2015
F-2A Spouses and Children of Permanent Residents
- Cutoff date imposed for all countries of September 1, 2023
F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
Unchanged from August
- China, India, World: January 1, 2017
- Mexico: August 1, 2004
- Philippines: October 1, 2013
F3 Married Sons and Daughters of U.S. Citizens
Unchanged from August
- China, India, World: March 1, 2010
- Mexico: June 15, 2001
- Philippines: November 8, 2003
F-4 Brothers and Sisters of Adult U.S. Citizens
Unchanged from August
- China, World: March 1, 2008
- India: February 22, 2006
- Mexico: April 15, 2001
- Philippines: April 22, 2004
FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s September 2023 Visa Bulletin, the following Final Action cutoff dates will apply for family-sponsored categories:
F1
Unchanged from August
- F1 China, India, Worldwide will remain at January 1, 2015
- F1 Mexico will remain at April 22, 2001
- F1 Philippines will remain at March 1, 2012
F2
- F2A China, India, Worldwide will advance to January 1, 2018
- F2A Mexico will remain at September 1, 2016
- F2A Philippines will advance to January 1, 2018
- F2B China, India, Worldwide will remain at September 22, 2015
- F2B Mexico will remain at August 1, 2001
- F2B Philippines will remain at October 22, 2011
F3
Unchanged from August
- F3 China, India, Worldwide will remain at January 8, 2009
- F3 Mexico will remain at January 15, 1998
- F3 Philippines will remain at June 8, 2002
F4
Unchanged from August
- F4 China and World will remain at April 22, 2007
- F4 India will remain at September 15, 2005
- F4 Mexico will remain at August 1, 2000
- F4 Philippines will remain at August 22, 2002
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA-mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 01JAN15 | 01JAN15 | 01JAN15 | 22APR01 | 01MAR12 |
| F2A | 01JAN18 | 01JAN18 | 01JAN18 | 01SEP16 | 01JAN18 |
| F2B | 22SEP15 | 22SEP15 | 22SEP15 | 01AUG01 | 22OCT11 |
| F3 | 08JAN09 | 08JAN09 | 08JAN09 | 15JAN98 | 08JUN02 |
| F4 | 22APR07 | 22APR07 | 15SEP05 | 01AUG00 | 22AUG02 |
The Takeaway
In the employment-based preference categories, the final action dates for all countries except India and China will advance by 3 months to July 1, 2022, in the month of September. EB-3 China Professional/Skilled Workers will also advance by 3 months to September 1, 2019. All other preference categories are unchanged from the August Visa Bulletin.
The September Visa Bulletin also confirms that in Fiscal Year 2023, the annual limit for employment-based visas is 197,091.
For the family-sponsored categories, the dates for filing chart remains nearly unchanged from the August Visa Bulletin, except for the F2A category where a cutoff date of September 1, 2023, has been imposed for all countries.
In the final action date chart, F2A China, India, and Worldwide will advance to January 1, 2018, and F2A Philippines will advance to January 1, 2018. All other family preference categories are unchanged from the August Visa Bulletin.
As always, we will continue to monitor the trends and progressions of the Visa Bulletin and report them right here on our blog.
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