All About the January 2023 Visa Bulletin, What to Expect, and More! — Visa Lawyer Blog — December 21, 2022
Happy Holidays from the Law Offices of Jacob Sapochnick!
In this blog post, we share with you the release of the January Visa Bulletin for the year 2023, what you can expect for employment based and family preference categories, including visa availability, movement, and projections for each category in the months ahead.
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 “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.
To be eligible to file an employment-based adjustment application in January, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.
Those currently residing in the United States, may file for adjustment of status once their priority dates become current, following the adjustment of status filing chart guidance from the U.S. Citizenship and Immigration Services (USCIS).
Adjustment of Status Filing Chart January 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 January 2023.
For Employment-Based Preference Filings:
All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for January 2023.
January 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 January 2022 Visa Bulletin, the following Final Action cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:
- EB-1: All countries remain current, except for India and China, with cutoff dates of February 1, 2022.
- EB-2: EB-2 India will remain at October 8, 2011 and EB-2 China will remain at June 8, 2019. All other countries will remain current.
- EB-3 Professionals and Skilled Workers: EB-3 India retrogressed to June 15, 2012, and EB-3 China retrogressed to August 1, 2018. All other countries will remain current.
- EB–3 Other Workers: EB-3 China advanced to December 22, 2013, and EB-3 India remains at June 15, 2012. A Final Action cut-off date of June 1, 2020, applies to all other countries.
- EB-4: EB-4 El Salvador, Guatemala, and Honduras will remain at March 15, 2018 and EB-4 Mexico will remain at September 15, 2020. All other countries remain at June 22, 2022.
- EB-5: For the EB-5 Unreserved categories, the Final Action Date for China will remain at March 22, 2015, and Final Action Date for India will remain at November 8, 2019. All other countries will remain current. For the EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure), the Final Action date will remain current for all countries.
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
EL SALVADOR GUATEMALA HONDURAS |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01FEB22 | C | 01FEB22 | C | C |
| 2nd | 01NOV22 | 08JUN19 | 01NOV22 | 08OCT11 | 01NOV22 | 01NOV22 |
| 3rd | C | 01AUG18 | C | 15JUN12 | C | C |
| Other Workers | 01JUN20 | 22DEC13 | 01JUN20 | 15JUN12 | 01JUN20 | 01JUN20 |
| 4th | 22JUN22 | 22JUN22 | 15MAR18 | 22JUN22 | 15SEP20 | 22JUN22 |
| Certain Religious Workers | U | U | U | U | U | U |
| 5th Unreserved (including C5, T5, I5, R5) |
C | 22MAR15 | C | 08NOV19 | C | C |
| 5th Set Aside: Rural (20%) |
C | C | C | C | C | C |
| 5th Set Aside: High Unemployment (10%) |
C | C | C | C | C | C |
| 5th Set Aside: Infrastructure (2%) |
C | C | C | C | C | C |
Final Action Dates for January 2023
EB-1
- China: February 1, 2022I
- India: February 1, 2022
- All other countries: Current
EB-2
- China: June 8, 2019
- India: October 8, 2011
- All other countries: November 1, 2022
EB-3 Professionals and Skilled Workers
- China: August 1, 2018
- India: June 15, 2012
- All other countries: Current
EB-4
- El Salvador, Guatemala, Honduras: March 15, 2018
- Mexico: September 15, 2020
- All other countries: June 22, 2022
- *If there is no legislative action extending the EB-4 Certain Religious Workers category beyond December 23, 2022, the category will become “unavailable”
EB-5 Unreserved (Regional Center and Non-Regional Center)
- China: March 22, 2015
- India: November 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
DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s January 2022 Visa Bulletin, the following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
EL SALVADOR GUATEMALA HONDURAS |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01JUN22 | C | 01JUN22 | C | C |
| 2nd | 01DEC22 | 08JUL19 | 01DEC22 | 01MAY12 | 01DEC22 | 01DEC22 |
| 3rd | C | 01SEP18 | C | 01AUG12 | C | C |
| Other Workers | 08SEP22 | 01NOV15 | 08SEP22 | 01AUG12 | 08SEP22 | 08SEP22 |
| 4th | 22JUL22 | 22JUL22 | 15APR18 | 22JUL22 | 15OCT20 | 22JUL22 |
| Certain Religious Workers | 22JUL22 | 22JUL22 | 15APR18 | 22JUL22 | 15OCT20 | 22JUL22 |
| 5th Unreserved (including C5, T5, I5, R5) |
C | 01JAN16 | C | 08DEC19 | C | C |
| 5th Set Aside: (Rural – 20%) |
C | C | C | C | C | C |
| 5th Set Aside: (High Unemployment – 10%) |
C | C | C | C | C | C |
| 5th Set Aside: (Infrastructure – 2%) |
C | C | C | C | C | C |
Dates for Filing for January 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: September 1, 2018
India: August 1, 2012
All other countries: Current
EB-3 Other Workers
China: November 1, 2015
India: August 1, 2012
All other countries: September 8, 2022
EB-4*
El Salvador, Guatemala, Honduras: April 15, 2018
Mexico: October 15, 2020
All other countries: July 22, 2022
*If there is no legislative action extending the EB-4 Certain Religious Workers category beyond December 23, 2022, the category will become “unavailable” thereafter.
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
Family-Sponsored Categories
FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s January 2022 Visa Bulletin, the following Final Action cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories:
*No change from the December 2022 Visa Bulletin
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA-mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 01DEC14 | 01DEC14 | 01DEC14 | 15NOV00 | 01MAR12 |
| F2A | C | C | C | C | C |
| F2B | 22SEP15 | 22SEP15 | 22SEP15 | 01JUN01 | 22OCT11 |
| F3 | 22NOV08 | 22NOV08 | 22NOV08 | 01NOV97 | 08JUN02 |
| F4 | 22MAR07 | 22MAR07 | 15SEP05 | 01AUG00 | 22AUG02 |
Final Action Dates for January 2023
F-1 Unmarried Sons and Daughters of U.S. Citizens
- China, India, World: December 1, 2014
- Mexico: November 15, 2000
- Philippines: March 1, 2012
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: 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* retrogression
- Philippines: June 8, 2002
F-4 Brothers and Sisters of Adult U.S. Citizens
- China: March 22, 2007
- India: September 15, 2005
- Mexico: August 1, 2000
- Philippines: August 22, 2002
- World: March 22, 2007
DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s January 2022 Visa Bulletin, the following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories:
*No change from the December 2022 Visa Bulletin
| 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 January 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
The Takeaway
With the exception of retrogression for China and India in the employment-based, first preference EB-1 category, the January 2023 Visa Bulletin shows very little movement reflected in the employment-based categories, and no movement in the family preference categories.
We will continue to monitor the trends and progressions of the Visa Bulletin and report them here.
Questions? If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.
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