Your Guide to the May 2023 Visa Bulletin — Visa Lawyer Blog — April 14, 2023
It’s that time of the month again. The Department of State has released the May 2023 Visa Bulletin, giving you the latest updates on visa availability for family-sponsored and employment-based preference categories.
To help you prepare for your upcoming immigrant visa or green card filing, we share what you can expect to see in the upcoming month’s visa bulletin.
Here are some of the highlights from the May 2023 Visa Bulletin:
- For employment-based preference adjustment of status filings, USCIS will continue to use the Final Action Dates chart, as they did in April.
- For the month of May, EB-1 India and China will maintain their Final Action cutoff date of February 1, 2022, and Dates for Filing cutoff date of June 1, 2022. All other countries remain current. DOS warns applicants that cutoff dates for EB1 China and India will likely retrogress in the near future.
- For the month of May, the EB-2 India Final Action and Dates for Filing cutoff dates will remain at January 1, 2011, and May 1, 2012, respectively.
- For all other countries, except China and India, the EB-2 Final Action cutoff date will retrogress by four and a half months to February 15, 2022. Their Dates for Filing cutoff date will remain at December 1, 2022.
- In May, the EB-3 China Professional/Skilled Worker category will advance by five months to April 1, 2019, for Final Action, and by four months to June 1, 2019 for Dates for Filing.
- The EB-3 India Professional/Skilled Worker Final Action date will remain at June 15, 2012, and the Dates for Filing cutoff will remain at August 1, 2012.
- Future retrogressions are expected for EB-1 India and China in the coming months, as well as EB-2 and EB-5 India as early as June.
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 May 2023, foreign nationals must have priority dates that are earlier than the Final Action Dates chart of the Department of State’s May 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 May 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 May 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 May 2023.
May 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 May 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 May:
- 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 remain at January 1, 2011. China will remain at June 8, 2019. All other countries will retrogress by 4 months and a half months to February 15, 2022.
- EB-3 Professionals and Skilled Workers: India will remain at June 15, 2012, and China will advance by 5 months to April 1, 2019. All other countries will be subject to a Final Action Date, at June 1, 2022.
- EB-3 Other Workers: India will remain at June 15, 2012. China will advance to April 15, 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), China will advance to September 8, 2015, and India will remain at June 1, 2018. 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 | 15FEB22 | 08JUN19 | 01JAN11 | 15FEB22 | 15FEB22 |
| 3rd | 01JUN22 | 01APR19 | 15JUN12 | 01JUN22 | 01JUN22 |
| Other Workers | 01JAN20 | 15APR15 | 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 | 08SEP15 | 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 May 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: February 15, 2022 (retrogression)
EB-3 Professionals and Skilled Workers
- China: April 1, 2019
- India: June 15, 2012
- All other countries: June 1, 2022 (cutoff date applied)
EB-3 Other Workers
- China: April 15, 2015
- 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: September 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 | 01MAY23 | 01JUN19 | 01AUG12 | 01MAY23 | 01MAY23 |
| 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 May 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: June 1, 2019
- India: August 1, 2012
- All other countries: May 1, 2023
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
Several concerning matters have been raised by the May Visa Bulletin. The State Department has established an EB-3 Professional/Skilled Workers Worldwide Final Action cutoff date and has retrogressed the EB-2 Worldwide category.
Making matters worse, the State Department anticipates that retrogression will be necessary in the EB-2 India and EB-5 India categories as early as June due to increasingly high demand. The State Department notes that every effort will be made in October 2023 to return Final Action Dates for these categories to at least their April dates.
The May Bulletin also predicts that Final Action Dates for EB-1 India and China will most likely be retrogressed in the coming months as a result of increased EB-1 use from other countries, and that that there will likely need to be retrogression in the EB-3 Other Worker category for all countries except China and India.
Family-Sponsored Categories
DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s May 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 May:
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 01JAN17 | 01JAN17 | 01JAN17 | 01DEC02 | 22APR15 |
| F2A | C | C | C | C | C |
| F2B | 01JAN17 | 01JAN17 | 01JAN17 | 01JAN02 | 01OCT13 |
| F3 | 08FEB10 | 08FEB10 | 08FEB10 | 15JUN01 | 08NOV03 |
| F4 | 01FEB08 | 01FEB08 | 22FEB06 | 01APR01 | 22APR04 |
Dates for Filing May 2023
F-1 Unmarried Sons and Daughters of U.S. Citizens
- China, India, World: January 1, 2017
- 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: February 8, 2010
- Mexico: June 15, 2001
- Philippines: April 22, 2004
F-4 Brothers and Sisters of Adult U.S. Citizens
- China, World: February 1, 2008
- 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 | 15DEC14 | 15DEC14 | 15DEC14 | 01APR01 | 01MAR12 |
| F2A | 08SEP20 | 08SEP20 | 08SEP20 | 01NOV18 | 08SEP20 |
| F2B | 22SEP15 | 22SEP15 | 22SEP15 | 01JUN01 | 22OCT11 |
| F3 | 08DEC08 | 08DEC08 | 08DEC08 | 01NOV97 | 08JUN02 |
| F4 | 08APR07 | 08APR07 | 15SEP05 | 01AUG00 | 22AUG02 |
Final Action Dates May 2023
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: December 8, 2008
- Mexico: November 1, 1997
- Philippines: June 8, 2002
F-4 Brothers and Sisters of Adult U.S. Citizens
- China, World: April 8, 2007
- India: September 15, 2005
- Mexico: August 1, 2000
- Philippines: August 22, 2002
The Takeaway
The May Visa Bulletin showed little movement in the family-sponsored preference categories when compared to the April Visa Bulletin.
The employment-based preference categories saw major retrogressions including an EB-3 Professional/Skilled Workers Worldwide Final Action cutoff date, and retrogression to the EB-2 Worldwide category by four and a half months to February 15, 2022. More blunders are expected, considering that the State Department predicts that retrogression will be necessary in the EB-2 India and EB-5 India categories as early as the month of June. However, the agency will do its best to return Final Action Dates for these categories at least to their April dates by October 2023.
The State Department also predicts that Final Action Dates for EB-1 India and China will need to be retrogressed in the near future as a result of increased EB-1 use from other countries. This will also likely impact the EB-3 Other Workers Category causing retrogression for all countries except China and India in the near future.
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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