The U.S. Department of State has released its July 2023 Visa Bulletin imposing per-country cut-off dates that regulate immigrant visa availability and the flow of Adjustment of Status (AOS) applications 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.
The July 2023 Visa Bulletin retains the cut-off dates of February 1, 2022 for China and India EB-1 applicants from last month. The EB-1 Rest of the World category (which includes all nations other than China, India, Mexico, and the Philippines) remains current, with no cut-off date. All other EB categories remain backlogged, with the EB-3 category for India, Mexico, and the Philippines experiencing retrogression.
Final Action Dates Chart Will Control in July 2023
The Visa Bulletin includes both a Dates for Filing chart and a Final Action Dates chart. The Final Action Dates chart indicates when a priority date is current and I-485 AOS applications or Immigrant Visa applications may be approved and permanent residence granted. The Dates for Filing chart, when followed by USCIS, indicates when intending immigrants may file their AOS applications with U.S. Citizenship and Immigration Services (USCIS).
Each month, USCIS chooses to either follow the Final Action or the Dates for Filing chart. For July 2023, the USCIS will follow the Final Action Dates chart for Employment-Based AOS application filings. Thus, those seeking to file applications for AOS with the USCIS in July 2023 must use the Final Action Dates chart shown below.
| 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 | 01FEB22 | 01APR19 | 01JAN09 | 01FEB22 | 01FEB22 |
Employment-Based First Preference (EB-1)
The EB-1 category remains current (C) in July for all areas of chargeability other than China and India, with no cut-off dates imposed. This means that all EB-1 applicants with pending or approved I-140 petitions, except those chargeable to China or India, can continue to file their I-485 AOS applications through the month of July.
The EB-1 cut-off date for China and India remains February 1, 2022 in the July Visa Bulletin. EB-1 applicants chargeable to China or India who have a priority date before February 1, 2022 can 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 June 8, 2019, with no change from last month. EB-2 applicants chargeable to China who have a priority date before June 8, 2019 can file their I-485 AOS applications with the USCIS.
The EB-2 cut-off date for India remains at January 1, 2011. This means that Indian EB-2 applicants who have a priority date before January 1, 2011 can file their I-485 AOS applications with the USCIS.
The cut-off date of February 15, 2022 for EB-2 applicants chargeable to the Rest of the World category, as well as to Mexico and the Philippines, remains unchanged from last month.
Employment-Based Third Preference (EB-3)
The EB-3 cut-off date for China remains at April 1, 2019. This means that China EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before April 1, 2019 can file their I-485 AOS applications with the USCIS.
The EB-3 cut-off date for India has retrogressed from June 15, 2012, to January 1, 2009. This means that India EB-3 applicants whose I-485 AOS applications have not yet been filed and have a priority date before January 1, 2009, can file their I-485 AOS applications with the USCIS. This retrogression was predicted by the U.S. Department of State (DOS) in the last Visa Bulletin. The DOS notes that it has occurred in order to hold number use within the maximum allowable amount.
The Rest of the World, Mexico, and the Philippines EB-3 cut-off date has retrogressed slightly to February 1, 2022.
T&S Takeaway
The most significant development in the July 2023 Visa Bulletin is the sharp retrogression of over three years in the India EB-3 category. It remains to be seen if further retrogression will occur between now and the end of the fiscal year in September.
The attorneys of Tafapolsky & Smith LLP will monitor and analyze all developments affecting immigrant visa availability, including all statements made by DOS officers before the publication of the relevant Visa Bulletin and will provide immediate updates on any significant developments.
