All About the April 2023 Visa Bulletin — Visa Lawyer Blog — March 30, 2023
In this blog post, we discuss major changes in the April 2023 Visa Bulletin for both family-sponsored and employment-based categories.
To help you prepare for your upcoming immigrant visa or green card filing, we share what you can expect to see in the employment based and family preference categories for the month of April.
Before we dive in, here are some of the highlights:
- For employment-based preference adjustment of status filings, USCIS will use the Final Action Dates chart, putting applicants at a disadvantage given that the Dates for Filing chart has been more flexible
- EB-1A India and China maintains a Final Action cutoff date of February 1, 2022
- EB-2 Worldwide Final Action date will retrogress to July 1, 2022 (4 months)
- EB-2 India Final Action date will retrogress to January 1, 2011 (8 months)
- EB-2 China Final Action date will remain at June 8, 2019
- The F-2A category Final Action date (spouses and unmarried children under age 21 of U.S. green card holders) is no longer current for the first time in several years.
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.
To be eligible to file an employment-based adjustment of status application in April 2023, foreign nationals must have priority dates that are earlier than the Final Action Dates chart of the Department of State’s April Visa Bulletin.
Family-sponsored applicants currently residing in the United States, may file for adjustment of status once their priority dates become current, following the Dates for Filing chart according to the adjustment of status filing guidance published by the U.S. Citizenship and Immigration Services (USCIS).
Adjustment of Status Filing Chart April 2023
For Family-Sponsored Filings:
Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the Dates for Filing chart in the Department of State Visa Bulletin for April 2023.
For Employment-Based Preference Filings:
All applicants, falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for April 2023.
April 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 April 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 April:
- EB-1: All countries will remain current, except for India and China, which will have a cutoff date of February 1, 2022
- EB-2: India will retrogress by 8 months to January 1, 2011. China will remain at June 8, 2019. All other countries will retrogress by 4 months to July 1, 2022
- EB-3 Professionals and Skilled Workers: India will remain at June 15, 2012, and China will advance by 3 months to November 1, 2018. All other countries will remain current.
- EB-3 Other Workers: India will remain at June 15, 2012. China will advance to October 1, 2014. All other countries will remain at January 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), China will remain at July 8, 2015, and India will remain at June 1, 2018, and 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 | C | 01FEB22 | 01FEB22 | C | C |
| 2nd | 01JUL22 | 08JUN19 | 01JAN11 | 01JUL22 | 01JUL22 |
| 3rd | C | 01NOV18 | 15JUN12 | C | C |
| Other Workers | 01JAN20 | 01OCT14 | 15JUN12 | 01JAN20 | 01JAN20 |
| 4th | 01SEP18 | 01SEP18 | 01SEP18 | 01SEP18 | 01SEP18 |
| Certain Religious Workers | 01SEP18 | 01SEP18 | 01SEP18 | 01SEP18 | 01SEP18 |
| 5th Unreserved (including C5, T5, I5, R5) |
C | 08JUL15 | 01JUN18 | 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 April 2023
EB-1
- China: February 1, 2022
- India: February 1, 2022
- All other countries: Current
EB-2
- China: June 8, 2019
- India: January 1, 2011
- All other countries: July 1, 2022
EB-3 Professionals and Skilled Workers
- China: November 1, 2018
- India: June 15, 2012
- All other countries: Current
EB-3 Other Workers
- China: October 1, 2014
- India: June 15, 2012
- All other countries: January 1, 2020
EB-4
- All Countries: September 1, 2018
EB-5 Unreserved (Regional Center and Non-Regional Center)
- China: July 8, 2015
- India: June 1, 2018
- All other countries; Current
EB-5 Set-Asides
- 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
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01JUN22 | 01JUN22 | C | C |
| 2nd | 01DEC22 | 08JUL19 | 01MAY12 | 01DEC22 | 01DEC22 |
| 3rd | C | 01FEB19 | 01AUG12 | C | C |
| Other Workers | 01FEB20 | 01NOV15 | 01AUG12 | 01FEB20 | 01FEB20 |
| 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 April 2023
EB-1
- China: June 1, 2022
- India: June 1, 2022
- All other countries: Current
EB-2
- China: July 8, 2019
- India: May 1, 2012
- All other countries: December 1, 2022
EB-3 Professionals and Skilled Workers
- China: February 1, 2019
- India: August 1, 2012
- All other countries: Current
EB-3 Other Workers
- China: November 1, 2015
- India: August 1, 2012
- All other countries: February 1, 2020
EB-4
- All countries: October 1, 2018
EB-5 Unreserved (Regional Center and Non-Regional Center)
- China: January 1, 2016
- India: December 8, 2019
- All other countries: Current
EB-5 Set-Asides
- Rural: Current for all countries
- High Unemployment: Current for all countries
- Infrastructure: Current for all countries
Employment-Based Summary
As predicted in the March 2023 Visa Bulletin, the increase in demand in the EB-2 category required corrective action, leading the State Department to retrogress final action dates in the EB-2 category for all countries, except for China. This has been done to maintain immigrant visa number usage within the annual numerical limits set for 2023.
It was also predicted that a Final Action date on EB-3 Professional/Skilled Workers might occur, but this did not materialize in the month of April. Another major change introduced by USCIS was returning to the Final Action Dates chart for employment-based adjustment of status applications.
Family-Sponsored Categories
DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s April 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 April:
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 08AUG16 | 08AUG16 | 08AUG16 | 01DEC02 | 22APR15 |
| F2A | C | C | C | C | C |
| F2B | 01JAN17 | 01JAN17 | 01JAN17 | 01JAN02 | 01OCT13 |
| F3 | 08NOV09 | 08NOV09 | 08NOV09 | 15JUN01 | 08NOV03 |
| F4 | 15DEC07 | 15DEC07 | 22FEB06 | 01APR01 | 22APR04 |
Dates for Filing April 2023
F-1 Unmarried Sons and Daughters of U.S. Citizens
- China, India, World: August 8, 2016
- Mexico: December 1, 2002
- Philippines: April 22, 2015
F-2A Spouses and Children of Permanent Residents
- Current for all countries
F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
- China, India, World: January 1, 2017
- Mexico: January 1, 2002
- Philippines: October 1, 2013
F3 Married Sons and Daughters of U.S. Citizens
- China, India, World: November 8, 2009
- Mexico: June 15, 2001
- Philippines: November 8, 2003
F-4 Brothers and Sisters of Adult U.S. Citizens
- China, World: December 15, 2007
- India: February 22, 2006
- Mexico: April 1, 2001
- Philippines: April 22, 2004
FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA-mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 01DEC14 | 01DEC14 | 01DEC14 | 01APR01 | 01MAR12 |
| F2A | 08SEP20 | 08SEP20 | 08SEP20 | 01NOV18 | 08SEP20 |
| F2B | 22SEP15 | 22SEP15 | 22SEP15 | 01JUN01 | 22OCT11 |
| F3 | 22NOV08 | 22NOV08 | 22NOV08 | 01NOV97 | 08JUN02 |
| F4 | 22MAR07 | 22MAR07 | 15SEP05 | 01AUG00 | 22AUG02 |
Final Action Dates April 2023
*F2A Final Action Cutoff Dates, No Longer Current
F-1 Unmarried Sons and Daughters of U.S. Citizens
- China, India, World: December 1, 2014
- Mexico: April 1, 2001
- Philippines: March 1, 2012
F-2A Spouses and Children of Permanent Residents
- China, India, World: September 8, 2020
- Mexico: November 1, 2018
- Philippines: September 8, 2020
F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
- China, India, World: September 22, 2015
- Mexico: June 1, 2001
- Philippines: October 22, 2011
F3 Married Sons and Daughters of U.S. Citizens
- China, India, World: November 22, 2008
- Mexico: November 1, 1997
- Philippines: June 8, 2002
F-4 Brothers and Sisters of Adult U.S. Citizens
- China, World: March 22, 2007
- India: September 15, 2005
- Mexico: August 1, 2000
- Philippines: August 22, 2002
Family-Sponsored Summary
One of the most significant changes in the family-sponsored preference categories in the month of April is the corrective action taken on the F2A category in the form of a Final Action cutoff date applied to spouses and children (under age 21) of permanent residents for all countries.
Unfortunately, due to the increasing backlog of cases in this category, after being current for several years, the F2A category is no longer current on the Final Action Dates chart.
NOTE: Although the “Final Action Dates” are no longer current, the “Dates for Filing” have remained current for the F-2A category. This means that spouses and unmarried children of U.S. green card holders can still file their green card applications, since USCIS is using the Dates for Filing Chart for adjustment of status filings.
However, these cases will NOT be adjudicated until the priority date is current. For Mexican applicants, the “Final Action Date” (or priority date) has retrogressed to November 1, 2018, and for all other applicants, the “Final Action Date” has retrogressed to September 8, 2020.
This change will result in a substantial increase in wait times for green cards to be adjudicated under the F-2A category.
The Takeaway
In a nutshell, the imposition of final action cutoff dates in the F2A category, and retrogression in the EB-2 category will mean more delays in green card and immigrant visa processing. Another major change seen in the April Visa Bulletin, is the consolidation of the EB-4 category, including El Salvador, Guatemala, and Honduras now absorbed into the “All Chargeability Aras Except Those Listed,” column on the Visa Bulletin.
On the part of USCIS, employment-based adjustment of status applicants have been put at a disadvantage, considering that the agency will now use the Final Action Dates Chart in the April 2023 Visa Bulletin for adjustment of status filings. This is unwelcome news, because the Final Action Dates chart is less generous than the Dates for Filing Chart previously in use by USCIS.
As always, we will continue to monitor the trends and progressions of the Visa Bulletin and report them right here on our blog.
Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.
Helpful Links
JOIN OUR NEW FACEBOOK GROUP
Need more immigration updates? We have created a new facebook group to address the impact of the new executive order and other changing developments related to COVID-19. Follow us there.
For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.
