Your Guide to the November Visa Bulletin — Visa Lawyer Blog — October 10, 2023
The November Visa Bulletin has arrived! In this blog post we share with you the changes that you can expect to see in the visa bulletin for the upcoming month of November.
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.
Overview
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 purpose of the visa bulletin is to inform immigrants who are subject to the numerical quota system of when they are eligible to apply for an immigrant visa or adjustment of status application. Applicants can determine their place in line by looking at the priority date on their underlying immigrant petition. Applicants with a priority date that is “current” on the Visa Bulletin can move forward with the immigration process, because that means a visa number is available to them.
What are the preference categories that are subject to the numerical limitations?
The Family Sponsored Preference Categories and their annual limits are as follows:
First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
- (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
- (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.
The Employment-Based Preference Categories and their annual limits are as follows:
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.
Highlights of the November 2023 Visa Bulletin
Employment Based Categories
Final Action cutoff dates – Movement in November:
- EB-1: The EB-1 Final Action Dates for India will remain at January 1, 2017 and February 15, 2022 for China. All other countries will continue to remain current.
- EB-2: The EB-2 Final Action Date for India will remain at January 1, 2012. EB-2 China will remain at October 1, 2019. All other countries will advance by one week to July 15, 2022.
- EB-3: The EB-3 Professional/Skilled Worker Final Action Date for India will remain at May 1, 2012, and EB-3 China will remain at January 1, 2020. All other countries will remain at December 1, 2021.
- 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 be current in November.
Dates for Filing cutoff dates:
- The employment-based Dates for Filing remain unchanged from the October visa bulletin.
Family-sponsored Categories
Dates for Filing cutoff dates – November:
- The family-sponsored Dates for Filing remain unchanged from the October visa bulletin.
Adjustment of Status Filing Chart November 2023
The U.S. Citizenship and Immigration Services (USCIS) has announced that it will accept adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing chart listed in the November 2023 Visa Bulletin for each preference category and country.
You may also find the Adjustment of Status USCIS Filing Charts here:
November 2023 Visa Bulletin Dates for Filing Cutoff Dates
Employment-Based Categories
DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s November 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 November:
*Please note: these dates are unchanged from the October 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 November.
- 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: 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 November 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
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
Important Note about EB-4 Non-Minister Religious Worker Program
The EB-4 Non-Minister Religious Worker Program is set to expire on November 17, 2023. If there is no legislative action extending the category beyond that date, the category will become “unavailable” as of November 17, and no immigrant visas or adjustment of status applications can be approved under the category until a reauthorization is passed.
Employment-Based Categories
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s November 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 be current in November.
- EB-2: EB-2 India will remain at January 1, 2012 and China will remain at October 1, 2019. All other categories will remain advance by one week to July 15, 2022.
- EB-3: EB-3 Professional/Skilled Worker India will remain at May 1, 2012, and China will remain at January 1, 2020. All other categories will remain at December 1, 2021.
- EB-3 Other Workers: EB-3 Other Workers China will remain at January 1, 2016, and India will remain at May 1, 2012. Philippines will remain at May 1, 2020. All other categories will remain at August 1, 2020.
- EB-4: EB-4 Final Action Date will be January 1, 2019 for all categories.
- 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 categories will be current. The EB-5 set aside categories (Rural, High Unemployment, and Infrastructure) will also be current in November.
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | 15FEB22 | 01JAN17 | C | C |
| 2nd | 15JUL22 | 01OCT19 | 01JAN12 | 15JUL22 | 15JUL22 |
| 3rd | 01DEC21 | 01JAN20 | 01MAY12 | 01DEC21 | 01DEC21 |
| Other Workers | 01AUG20 | 01JAN16 | 01MAY12 | 01AUG20 | 01MAY20 |
| 4th | 01JAN19 | 01JAN19 | 01JAN19 | 01JAN19 | 01JAN19 |
| Certain Religious Workers | 01JAN19 | 01JAN19 | 01JAN19 | 01JAN19 | 01JAN19 |
| 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 November 2023
EB-1
- China: February 15, 2022
- India: January 1, 2017
- All other countries: Current
EB-2
- China: October 1, 2019
- India: January 1, 2012
- All other countries: July 15, 2022 *Advancement
EB-3 Professionals and Skilled Workers
- China: January 1, 2020
- India: May 1, 2012
- All other countries: December 1, 2021
EB-3 Other Workers
- 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 will become unavailable for all countries on November 17, 2023, unless 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
Family-Sponsored Categories
DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s November 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 October 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 November 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 November 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 November 2023
*Unchanged from October Visa Bulletin except Mexico
F-1 Unmarried Sons and Daughters of U.S. Citizens
- Mexico: May 1, 2001 *Advancement
- 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 *Advancement
- Philippines: October 22, 2011
- All other countries: September 22, 2015
F3 Married Sons and Daughters of U.S. Citizens
- Mexico: March 22, 1998 *Advancement
- Philippines: June 8, 2002
- All other countries: January 8, 2009
F-4 Brothers and Sisters of Adult U.S. Citizens
- Mexico: September 15, 2000 *Advancement
- India: October 8, 2005
- Philippines: August 22, 2002
- All other countries: April 22, 2007
Conclusion
Very minimal forward movement can be seen in the November Visa Bulletin. The Dates for Filing chart remains unchanged from the October Visa Bulletin for both employment based and family sponsored preference categories.
EB-1 final action dates remain current for all categories except India and China. Only slight forward movement of one week can be seen in the final action dates for all EB-2 Worldwide, Mexico, and Philippines to July 15, 2022. EB-3 Professional/Skilled Workers has a final action date of December 1, 2021, for all countries except India and China.
EB-4 now has a final action date of January 1, 2019, for all categories. The EB-4 Non-Minister Religious Worker program will become unavailable for all countries on November 17, 2023, unless it is reauthorized by legislation.
EB-5 unreserved categories remain current except for India and China. EB-5 set aside categories will remain current.
In the family sponsored categories final action dates advanced only for F1 Mexico to May 1, 2001; F2B Mexico to May 1, 2002; F3 Mexico to March 22, 1998; and F4 Mexico to September 15, 2000.
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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