Final Action EB-1 and EB-3 Retrogressions, and Modest Advancements for F1 and F2B Mexico — Visa Lawyer Blog — July 13, 2023
We are happy to report that the August Visa Bulletin has been released!
As we do every month, we share what you can expect to see in the upcoming month’s visa bulletin for family-sponsored and employment-based preference categories to help you prepare for your immigrant visa filing at a U.S. Consulate overseas, or your green card filing for those residing in the United States.
Highlights of the August 2023 Visa Bulletin
Employment Based Categories
Final Action cutoff dates – Retrogressions in August:
- EB-1 India will retrogress by more than 10 years to January 1, 2012, in August 2023. The State Department indicates that depending on usage in the category and on the FY 2024 annual numerical limit, it is likely that in October 2023 the cutoff date will return to at least February 1, 2022
- EB-1 Worldwide, China: The State Department has imposed a final action cutoff date for EB-1A Worldwide for all countries except China, at August 1, 2023. The EB-1 China Final Action Date will remain at February 1, 2022.
- EB-2 Worldwide, China: EB-2 China will advance by one month, to July 8, 2019. The Final Action Date for EB-2 India will remain at January 1, 2011. The EB-2 Worldwide Final Action Date will advance by six weeks, to April 1, 2022 for all other countries.
- EB-3: The Final Action Date for EB-3 China Professional/Skilled Worker will advance by two months, to June 1, 2019. EB-3 India Professional/Skilled Worker will remain at January 1, 2009. For all other countries, the EB-3 Professional/Skilled Worker Final Action Date will retrogress by almost two years, to May 1, 2020.
Family-sponsored categories
Dates for Filing cutoff dates – Advancements in August:
- F-1 Mexico will advance by 2 years and 3 months to April 1, 2005 from January 1, 2003
- F2A will remain current for all categories
- F2B Mexico will advance by 2 years and 4 months to August 1, 2004 from April 1, 2002
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.
Adjustment of Status Filing Chart August 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 August 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 August 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 August 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 August:
- EB-1: China remains unchanged at February 1, 2022. India will retrogress by 10 years and 1 month, to January 1, 2012. All other countries will receive a final action cutoff date of August 1, 2023.
- EB-2: India will remain at January 1, 2011. China will remain by 1 month to July 8, 2019. All other countries will advance by 6 weeks to April 1, 2022
- EB-3 Professionals and Skilled Workers: India will remain at January 1, 2009. China will advance by 2 months to June 1, 2019. All other countries will retrogress by 1 year and 9 months to 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 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), 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 | 01APR22 | 08JUL19 | 01JAN11 | 01APR22 | 01APR22 |
| 3rd | 01MAY20 | 01JUN19 | 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 August 2023
EB-1
- 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: April 1, 2022
EB-3 Professionals and Skilled Workers
- China: June 1, 2019
- India: January 1, 2009
- All other countries: May 1, 2020
EB-3 Other Workers
- China: September 1, 2015
- India: January 1, 2009
- All other countries: May 1, 2020
EB-4
- All countries: September 1, 2018
EB-5 Unreserved (Regional Center and Non-Regional Center)
- China: September 8, 2015
- India: April 1, 2017
- 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
According to the Department of State’s August 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 August 2023
EB-1
- China: June 1, 2022
- India: June 1, 2022
- All other countries: Current
EB-2
- China: October 8, 2019 (advancement)
- India: May 1, 2012
- All other countries: December 1, 2022
EB-3 Professionals and Skilled Workers
- China: September 1, 2019 (advancement)
- India: August 1, 2012
- All other countries: May 1, 2023
EB-3 Other Workers
- China: January 1, 2016 (retrogression)
- India: August 1, 2012
- All other countries: June 1, 2020 (retrogression)
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
Family-Sponsored Categories
DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s August 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 August:
- F-1 Mexico will advance by 2 years and 3 months to April 1, 2005 from January 1, 2003
- F-1 Philippines will remain at April 22, 2015
- F-1 China, India, Worldwide will remain at September 1, 2017
- F2A will remain current for all categories
- F2B Mexico will advance by 2 years and 4 months to August 1, 2004 from April 1, 2002
- 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 | C | C | C | C | C |
| F2B | 01JAN17 | 01JAN17 | 01JAN17 | 01AUG04 | 01OCT13 |
| F3 | 01MAR10 | 01MAR10 | 01MAR10 | 15JUN01 | 08NOV03 |
| F4 | 01MAR08 | 01MAR08 | 22FEB06 | 15APR01 | 22APR04 |
Dates for Filing August 2023
F-1 Unmarried Sons and Daughters of U.S. Citizens
- China, India, World: September 1, 2017
- Mexico: April 1, 2005* advancement
- 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: August 1, 2004* advancement
- Philippines: October 1, 2013
F3 Married Sons and Daughters of U.S. Citizens
- China, India, World: March 1, 2010
- Mexico: June 15, 2001
- Philippines: November 8, 2003
F-4 Brothers and Sisters of Adult U.S. Citizens
- 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 August 2023 Visa Bulletin, the following Final Action cutoff dates will apply for family-sponsored categories:
F1
- F1 China, India, Worldwide will advance 2.4 weeks to January 1, 2015 from December 15, 2014
- F1 Mexico will remain at April 22, 2001
- F1 Philippines will remain at March 1, 2012
F2
- F2A China, India, Worldwide will retrogress by 2 years and 11 months to October 8, 2017 from September 8, 2020
- F2A Mexico will retrogress by 2 years and 2 months to September 1, 2016 from November 1, 2018
- F2A Philippines will retrogress by 2 years and 11 months to October 8, 2017 from September 8, 2020
- 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
- F3 China, India, Worldwide will advance by 6 months to January 8, 2009 from December 22, 2008
- F3 Mexico will remain at January 15, 1998
- F3 Philippines will remain at June 8, 2002
F4
- 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 Phillipines will remain at August 22, 2002
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA-mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 15DEC14 | 15DEC14 | 15DEC14 | 22APR01 | 01MAR12 |
| F2A | 08SEP20 | 08SEP20 | 08SEP20 | 01NOV18 | 08SEP20 |
| F2B | 22SEP15 | 22SEP15 | 22SEP15 | 01AUG01 | 22OCT11 |
| F3 | 22DEC08 | 22DEC08 | 22DEC08 | 15JAN98 | 08JUN02 |
| F4 | 22APR07 | 22APR07 | 15SEP05 | 01AUG00 | 22AUG02 |
Final Action Dates August 2023
F-1 Unmarried Sons and Daughters of U.S. Citizens
- China, India, World: January 1, 2015 (advancement)
- Mexico: April 22, 2001
- Philippines: March 1, 2012
F-2A Spouses and Children of Permanent Residents
- China, India, World: October 8, 2017 (retrogression)
- Mexico: September 1, 2016 (retrogression)
- Philippines: October 8, 2017 (retrogression)
F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
- China, India, World: September 22, 2015
- Mexico: August 1, 2001
- Philippines: October 22, 2011
F3 Married Sons and Daughters of U.S. Citizens
- China, India, World: January 8, 2009 (advancement)
- Mexico: January 15, 1998
- Philippines: June 8, 2002
F-4 Brothers and Sisters of Adult U.S. Citizens
- China, World: April 22, 2007
- India: September 15, 2005
- Mexico: August 1, 2000
- Philippines: August 22, 2002
The Takeaway
In the employment-based preference categories, the August Visa Bulletin brings major retrogressions for final action dates in the EB-1 India preference category, retrogressing by 10 years and 1 month to January 1, 2012. A Final action date for all other countries in the EB-1 category, except China, will be imposed at August 1, 2023. EB-1 China remains unchanged at February 1, 2022.
EB-2 China will advance by 1 month to July 8, 2019, India remains at January 1, 2011, and all other countries will advance by 6 weeks to April 1, 2022.
EB-3 Professionals and Skilled Workers will retrogress by 1 year and 9 months to May 1, 2020, except for India which will remain at January 1, 2009, and China which will advance by 2 months to June 1, 2019.
In the family-sponsored categories, the dates for filing cutoff dates remain the same as the previous month, except F-1 Mexico which will advance by 2 years and 3 months to April 1, 2005, and F2B Mexico which will advance by 2 years and 4 months to August 1, 2004. F2A remains current for all categories.
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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