Immigration

Everything You Need to Know about the December Visa Bulletin — Visa Lawyer Blog — November 14, 2023

The release of the December Visa Bulletin has brought few positive changes for immigrants in both the family sponsored and employment-based preference categories. In this blog post, we share with you everything you need to know regarding the movement (or lack thereof) of the categories for the month of December.

Whether you are applying for an immigrant visa at a U.S. Consulate overseas or applying for adjustment of status to permanent residence in the United States, you won’t want to miss these important updates.

Highlights of the December 2023 Visa Bulletin

Unfortunately, the December Visa Bulletin brings little to no changes across most employment-based categories and family-sponsored categories from the previous month of November. The Dates for Filing of all employment and family-sponsored categories remain unchanged from the previous month.

The Final Action Dates for family-sponsored categories also remain unchanged from the previous month.

With respect to the Final Action Dates for the employment categories, EB-2 China will advance by three weeks to October 22, 2019, and EB-3 China will advance to January 22, 2020. The Final Action Dates for the remaining employment-based categories remain unchanged from the previous month.

EB-4 Certain Religious Workers will become unavailable in the month of December.

Adjustment of Status Filing Chart December 2023

For the month of December 2023, the U.S. Citizenship and Immigration Services (USCIS) has confirmed that the Dates for Filing chart in the December 2023 Visa Bulletin will continue to be used in determining eligibility for I-485 adjustment of status filings (green card filings inside the US).

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s December 2023 Visa Bulletin, the following Final Action cutoff dates will apply for employment-based categories:

  • EB-1: EB-1 India will remain at January 1, 2017, and China will remain at February 15, 2022. All other countries will remain current.
  • EB-2:  EB-2 India will remain at January 1, 2012 and China will advance by three weeks to October 22, 2019. All other categories will remain the same.
  • EB-3:  EB-3 Professional/Skilled Workers India will remain at May 1, 2012, and China will advance by three weeks to January 22, 2020. All other countries will remain at December 1, 2021.
  • EB-3 Other Workers: All countries remain the same.
  • EB-4: EB-4 Final Action Date will be January 1, 2019, for all categories. EB-4 Certain Religious Workers is unavailable in December.
  • EB-5: For EB-5 Unreserved categories (C5, T5, I5, and R5) India will remain at December 15, 2018, and China will remain at October 1, 2015. All other countries will remain current. The EB-5 set aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.
Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES
1st C 15FEB22 01JAN17 C C
2nd 15JUL22 22OCT19 01JAN12 15JUL22 15JUL22
3rd 01DEC21 22JAN20 01MAY12 01DEC21 01DEC21
Other Workers 01AUG20 01JAN16 01MAY12 01AUG20 01MAY20
4th 01JAN19 01JAN19 01JAN19 01JAN19 01JAN19
Certain Religious Workers U U U U U
5th Unreserved
(including C5, T5, I5, R5)
C 01OCT15 15DEC18 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

Final Action Dates for December 2023

EB-1 No changes

  • China: February 15, 2022
  • India: January 1, 2017
  • All other countries: Current

EB-2

  • China: October 22, 2019 *Advancement
  • India: January 1, 2012
  • All other countries: July 15, 2022 

EB-3 Professionals and Skilled Workers

  • China: January 22, 2020 *Advancement
  • India: May 1, 2012
  • All other countries: December 1, 2021

EB-3 Other Workers No changes

  • China: January 1, 2016
  • India: May 1, 2012
  • Philippines: May 1, 2020
  • All other countries: August 1, 2020

EB-4

  • All countries: January 1, 2019
  • The EB-4 Non-Minister Religious Worker program is unavailable for all countries until it is reauthorized by legislation.

EB-5 Unreserved (Regional Center and Non-Regional Center)

  • China: October 1, 2015
  • India: December 15, 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 FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s December 2023 Visa Bulletin, the following Dates for Filing 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 December:

*Please note: these dates are unchanged from the November Visa Bulletin

  • EB-1: EB-1 China will remain at August 01, 2022, and India will remain at July 1, 2019 respectively.  All other countries will remain current in December.
  • EB-2: EB-2 India will remain at May 15, 2012. China will remain at January 1, 2020. All other countries will remain at January 1, 2023.
  • EB-3 Professionals and Skilled Workers: EB-3 India will remain at August 1, 2012. China will remain at September 1, 2020. EB-3 Worldwide and Mexico will remain at February 1, 2023. EB-3 Philippines will remain at January 1, 2023.
  • EB-3 Other Workers: India will remain at August 1, 2012, China will remain at June 1, 2017. EB-3 Worldwide and Mexico will remain at December 15, 2020. EB-3 Philippines will remain at May 15, 2020.
  • EB-4: All countries will remain at March 1, 2019. EB-5 Certain Religious Workers is unavailable in December.
  • EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will remain at April 1, 2022, and China will remain at January 1, 2017. 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 01AUG22 01JUL19 C C
2nd 01JAN23 01JAN20 15MAY12 01JAN23 01JAN23
3rd 01FEB23 01SEP20 01AUG12 01FEB23 01JAN23
Other Workers 15DEC20 01JUN17 01AUG12 15DEC20 15MAY20
4th 01MAR19 01MAR19 01MAR19 01MAR19 01MAR19
Certain Religious Workers 01MAR19 01MAR19 01MAR19 01MAR19 01MAR19
5th Unreserved
(including C5, T5, I5, R5)
C 01JAN17 01APR22 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 December 2023

EB-1

  • China: August 1, 2022
  • India: July 1, 2019
  • All other countries: Current

EB-2

  • China: January 1, 2020
  • India: May 15, 2012
  • All other countries: January 1, 2023

EB-3 Professionals and Skilled Workers

  • China: September 1, 2020
  • India: August 1, 2012
  • Philippines: January 1, 2023
  • All other countries: February 1, 2023

EB-3 Other Workers

  • China: June 1, 2017
  • India: August 1, 2012
  • Philippines: May 15, 2020
  • All other countries: December 15, 2020

EB-4

  • All countries: March 1, 2019
  • The EB-4 Non-Minister Religious Worker program is unavailable for all countries until it is reauthorized by legislation.

EB-5 Unreserved (Regional Center and Non-Regional Center)

  • China: January 1, 2017
  • India: April 1, 2022
  • 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

DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES

According to the Department of State’s December 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 October:

*Please note: these dates are unchanged from the November Visa Bulletin

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 December 2023

F-1 Unmarried Sons and Daughters of U.S. Citizens

  • Mexico: April 1, 2005
  • Philippines: April 22, 2015
  • All other countries: September 1, 2017

F-2A Spouses and Children of Permanent Residents

  • All countries: September 1, 2023

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • Mexico: August 1, 2004
  • Philippines: October 1, 2013
  • All other countries: January 1, 2017

F3 Married Sons and Daughters of U.S. Citizens

  • Mexico: June 15, 2001
  • Philippines: November 8, 2003
  • All other countries: March 1, 2010

F-4 Brothers and Sisters of Adult U.S. Citizens

  • India: February 22, 2006
  • Mexico: April 15, 2001
  • Philippines: April 22, 2004
  • All other countries: March 1, 2008

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

According to the Department of State’s December 2023 Visa Bulletin, the following Final Action cutoff dates will apply for family-sponsored categories:

Family-
Sponsored 
All Chargeability
Areas Except
Those Listed
CHINA-mainland
born
INDIA MEXICO PHILIPPINES 
F1 01JAN15 01JAN15 01JAN15 01MAY01 01MAR12
F2A 08FEB19 08FEB19 08FEB19 01FEB19 08FEB19
F2B 22SEP15 22SEP15 22SEP15 01MAY02 22OCT11
F3 08JAN09 08JAN09 08JAN09 22MAR98 08JUN02
F4 22APR07 22APR07 08OCT05 15SEP00 22AUG02

Final Action Dates December 2023

*Unchanged from the November Visa Bulletin

F-1 Unmarried Sons and Daughters of U.S. Citizens

  • Mexico: May 1, 2001
  • Philippines: March 1, 2012
  • All other countries: January 1, 2015

F-2A Spouses and Children of Permanent Residents

  • Mexico: February 1, 2019
  • All other countries: February 8, 2019

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • Mexico: May 1, 2002
  • Philippines: October 22, 2011
  • All other countries: September 22, 2015

F3 Married Sons and Daughters of U.S. Citizens

  • Mexico: March 22, 1998
  • Philippines: June 8, 2002
  • All other countries: January 8, 2009

F-4 Brothers and Sisters of Adult U.S. Citizens

  • Mexico: September 15, 2000
  • India: October 8, 2005
  • Philippines: August 22, 2002
  • All other countries: April 22, 2007

Conclusion

As with the previous month, the December Visa Bulletin brings very little movement in both the family sponsored and employment-based preference categories. The Dates for Filing charts remain unchanged from the previous month.

The Final Action Dates for family-sponsored applicants also experienced no movement from the previous month.

The Final Action Dates for employment-based categories remain the same, except for EB-2 China which advanced by three weeks to October 22, 2019, and EB-3 China which advanced by three weeks to January 22, 2020.

EB-4 Certain Religious Workers has become unavailable in the month of December.

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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