News

20 Dec 2022

United States

Jan 2023 Visa Bulletin Imposes Cut-Offs for EB-1 China and India

The US Department of State has released its January 2023 Visa Bulletin, imposing per country cut-off dates that regulate immigrant visa availability and the flow of Adjustment of Status (AOS) application and consular Immigrant Visa application filings and approvals.  In order to be “current”, the priority date held by a person seeking a green card must be before the cut-off date specified in the monthly Visa Bulletin.

To be eligible to file an Employment-Based (EB) AOS application, a foreign national must have a priority date that is earlier than the date listed below for his or her preference category and country of chargeability. The “C” listing indicates that the category is current, and that applications may be filed with any priority date. Only applicants with a priority date that is earlier than the listed cut-off date may file AOS applications.

The January 2023 Visa Bulletin imposes cut-off dates of June 1, 2022, for China and India EB-1 applicants.  These were previously current.  The EB-2 Rest of the World category (which includes all nations other than China, India, Mexico, the Philippines, El Salvador, Guatemala, and Honduras) continues in place and is unchanged at December 1, 2022.

Dates for Filing Chart Will Control in January 2023

The Visa Bulletin includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for AOS or Immigrant Visas, and the latter indicates when I-485 AOS applications or Immigrant Visa applications may be approved, and ultimately, permanent residence granted.

Each month, the US Citizenship and Immigration Services (USCIS) chooses which of the Final Action or Dates for Filing chart it will follow.  For January 2023, the USCIS will follow the Dates for Filing chart for Employment-Based AOS application filings.  Thus, those seeking to file applications for AOS with the USCIS in January 2023 must use the Dates for Filing chart shown below.

Employment-Based First Preference (EB-1)

The EB-1 category remains current (C) in January for all areas of chargeability other than China and India, with no cut-off dates imposed. This means that all EB-1 applicants from these areas can immediately file their I-485 AOS applications regardless of their country of chargeability.

Last month, the December 2022 Visa Bulletin increased demand and number use in the EB-1 category. This, combined with decreased visa number availability, has resulted in the imposition of cut-off dates for EB-1 applicants chargeable to India and China.  EB-1 applicants chargeable to China or India who have a priority date before June 1, 2022, can continue to file their I-485 AOS applications with the USCIS.

Employment-Based Second Preference (EB-2)

The EB-2 cut-off date for China remains at July 8, 2019, with no change from last month. EB-2 applicants chargeable to China who have a priority date before July 8, 2019 can file their I-485 AOS  with the USCIS.

The EB-2 cut-off date for India remains at May 1, 2012, with no change from last month. This means that Indian EB-2 applicants who have a priority date before May 1, 2012 can file their I-485 AOS  applications with the USCIS.

The January 2023 Visa Bulletin imposes a cut-off date of December 1, 2022 (unchanged from last month) for EB-2 applicants chargeable to the Rest of the World category, as well as to El Salvador, Guatemala, Honduras, Mexico, and the Philippines.  These categories had previously been current for some time.

Employment-Based Third Preference (EB-3)

The EB-3 cut-off date for China remains at September 1, 2018. This means that China EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before September 1, 2018 can file their I-485 AOS applications with the USCIS.

The EB-3 cut-off date for India remains at August 1, 2012. This means that India EB-3 applicants whose I-485 AOS applications have not yet been filed and have a priority date before August 1, 2012 can file their I-485 applications with the USCIS.

All other EB-3 cut-off dates remain current (C).

T&S Takeaway

Although the January 2023 Visa Bulletin will generate a slight green card queue for prospective and current AOS applicants in the China and India EB-1 category, with little to no change for those in other categories this month. The only cut-off date change in the January 2023 Visa Bulletin’s Dates for Filing chart is the imposition of a June 1, 2022 cut-off date for China and India EB-1 applicants.  The remaining cut-off dates in the Dates for Filing Chart for January are identical in the EB-1, EB-2, and EB-3 categories to those of the December 2022 Visa Bulletin.

The Rest of the World EB-2 cut-off date is a very late one of December 1, 2022 and it is unlikely that many prospective applicants will be significantly disadvantaged by the imposition of this date.  Only those with priority dates of December 2, 2022 and onwards will find themselves unable to file I-485 AOS applications in January.

Although the Rest of the World EB-3 category remains current, it is unlikely that there will be a large number of EB-2 applicants who are also eligible for the EB-3 category seeking to change the underlying basis of their green card process to the EB-3 category through the Transfer of Underlying Basis mechanism.  This situation may change if the cut-off date for the Rest of the World category remains in place or retrogresses further in the coming months.

The attorneys of Tafapolsky & Smith LLP will monitor and analyze all developments affecting immigrant visa availability, including all statements made by US State Department officers before the publication of the relevant Visa Bulletin and will provide immediate updates on any significant developments.

© 2022 Tafapolsky & Smith LLP. All rights reserved.
The content above is provided for informational purposes only. It should not be construed as legal advice on any subject matter. Use of this information does not create an attorney-client relationship. 

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