January 2024 Visa Bulletin

July 2023 Visa Bulletin Shows Retrogression in EB-3 India

The July 2023 visa bulletin from the Department of State is now available. The visa bulletin gives the dates of availability for immigration visa processing both at consuls and for adjustment of status applications that can be filled in the month. The State Department releases the Date of Filing Applications for Employment-Based and Family-Based immigrant visas and the Final Action Dates. U.S. Citizenship and Immigration Services (USCIS) gives direction to the chart Applicants use to file their Adjustment of Status (AOS).  Read below for changes included in the July 2023 visa bulletin.

Employment-Based Cases

All countries remain current for the employment-based first preference category (EB-1), except for China and India. For Indian and Chinese EB-1 Applicants, the cutoff date hasn’t changed and is still at February 1, 2022.

In the EB-2 category, the dates remain unchanged from last month’s bulletin. Retrogression in EB-2 forecasted in May 2023 is not seen. For the rest of the world, Mexico, and the Philippines, the Final Action cutoff dates are still at February 15, 2022. For India and China, the EB-2 dates haven’t moved and continue to be January 1, 2011, and June 8, 2019, respectively.

Retrogression in the EB-3 category that the State Department forecasted last month is seen in the July visa bulletin. Only the EB-3 China category didn’t see retrogression from the June 2023 bulletin. For Chinese nationals, the cutoff date is still April 1, 2019.

The Final Action date for EB-3 for Indian nationals retrogressed all the way back to January 1, 2009. The State Department said it’s likely all available EB-3 India visa numbers will be used by the end of the month.

For the rest of the world, Mexico, and the Philippines, the dates retrogressed 4 months, to February 1, 2022. There was higher-than-expected demand from applicants with priority dates earlier than the final action dates listed. There is no movement in the Dates for Filing chart in the July 2023 visa bulletin for any country or preference category, even with all of these retrogressions.

Family-Based Cases

In the Family-Based categories, there is very slight movements in the July 2023 visa bulletin.

Summary of the movement in the Final Action Dates chart for July 2023 (Family-Based):

  • Under the F-1 category (unmarried children (age 21 and older) of U.S. citizens), the Final Action date for Mexican nationals moved forward 3 weeks, to April 22, 2001.
  • The F-2B category (unmarried children (age 21 or older) of green card holders) for Mexican nationals moved forward 2 months, to August 1, 2001.
  • Under the F-3 category (married children of U.S. citizens) for the rest of the world, China, and India, the Final Action cutoff date moved forward 2 weeks, to December 22, 2008. For Mexican nationals, the F-3 category moved forward 2 months and 2 weeks, to January 15, 1998.
  • The F-4 category (siblings of U.S. citizens) for the rest of the world and China also moved forward 2 weeks, to April 22, 2007.

Summary of the movement in the Dates for Filing chart for July 2023 (Family-Based):

  • The F-1 date for filing for the rest of the world, China, and India moved forward 8 months, to September 1, 2017. For Mexican nationals, it moved forward 1 month, to January 1, 2003.
  • The F-2B date for filing for Mexico moved forward 3 months, to April 1, 2002.
  • The F-3 date for filing for the rest of the world, China, and India moved forward 3 weeks, to March 1, 2010.
  • Finally, the F-4 date for filing for the rest of the world and China moved forward 1 month, to March 1, 2008. For Mexican nationals, the F-4 category moved forward 2 weeks, to April 15, 2001.

There was no movement in the Final Action cutoff date in the F-2A Family-Based category (Spouses and Unmarried Children (Under Age 21) of U.S. Green Card Holders). As we have seen since April 2023, the F-2A category is not “current” under the Final Action dates chart. All countries except Mexico remain at September 8, 2020. For Mexico, the Final Action cutoff date is set to November 1, 2018. However, as was the case in June, the “Dates for Filing” remain current for the F-2A category, meaning spouses and unmarried children of U.S. green card holders can still file their green card applications for now. Despite still being able to file, these cases will NOT be adjudicated until the priority date is current.

We actively monitor the monthly visa bulletin and highlight updates to ensure our clients are updated. If you have questions regarding your priority date, please feel free to contact us. We put our extensive experience and expertise to work for you to ensure you get the right advice.

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