The U.S. Department of State has released its June 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 June 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, but have experienced no further retrogression in their cut-off dates from last month.

Final Action Dates Chart Will Control in June 2023

The Visa Bulletin includes both a Dates for Filing  chart and a Final Action Dates chart. The former indicates when intending immigrants may file their applications for AOS or Immigrant Visas while the latter indicates when an immigrant visa number will be available and ultimately, permanent residence may be granted.

Each month, the U.S. Citizenship and Immigration Services (USCIS) chooses to either follow the Final Action or the Dates for Filing chart.  For June 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 June 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	01JUN22	01APR19	15JUN12	01JUN22	01JUN22

 

Employment-Based First Preference (EB-1)

The EB-1 category remains current (C) in June for all areas of chargeability other than China and India, with no cut-off dates imposed. This means that all EB-1 applicants, except those chargeable to China or India, can continue to file their I-485 AOS applications through the month of June.

The EB-1 cut-off date for China and India remains at February 1, 2022 in the June 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 remains at June 15, 2012. This means that India EB-3 applicants whose I-485 AOS applications have not yet been filed and have a priority date before June 15, 2012 can file their I-485 AOS applications with the USCIS.  The U.S. Department of State (DOS) does note, however, that it is likely that further retrogression will occur as early as next month in the India EB-3 category 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 remains at June 1, 2022, which is a more advantageous date than that imposed on the corresponding EB-2 category.

T&S Takeaway

The June 2023 Visa Bulletin remains unchanged from last month in all EB categories discussed above.  The only future cut-off date movement that has been signaled by the DOS is a likely retrogression in July 2023 in the India EB-3 category.

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.