The U.S. Department of State has released its November 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 applying for permanent residence 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 November 2023 Visa Bulletin retains the EB Dates for Filing cut-off dates indicated in the October Visa Bulletin. The India EB-1 cutoff date remains July 1, 2019, although it had been hoped that some forward movement might occur. EB-1 China still has a cut-off date of August 1, 2022. In addition, the EB-1 Rest of the World, Mexico, and Philippines cut-off dates remain current. The cut-off dates for the Rest of the World, Mexico, and the Philippines EB-2 classifications continue to be January 1, 2023. EB-2 India retains its cut-off date of May 15, 2012, and China its cut-off date of January 1, 2020. All EB-3 categories remain backlogged, with the EB-3 category for the Rest of the World at February 1, 2023, China EB-3 at September 1, 2020, and India EB-3 at August 1, 2012.
Dates for Filing Chart Will Continue to Control in November 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 November 2023, the USCIS will follow the Dates for Filing chart for EB AOS application filings. Thus, those seeking to file applications for AOS with the USCIS in November 2023 must use the EB Dates for Filing Dates chart shown below.
| 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 |
T&S Takeaway
As expected, there has been no movement in the November Visa Bulletin’s cut-off dates in the dates for filing chart. The agency makes no comment in the November Visa Bulletin about the prospect for forward movement or retrogression for cut-off dates in the coming months, although it is probable that cut-off date movement in a number of EB categories will occur as the year progresses.
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.
