Visa Lawyer Blog
In this blog post, we summarize the movement of the family-sponsored and employment-based preference categories of the October Visa Bulletin.
This information will be helpful to those applying for an immigrant visa at a U.S. Consulate overseas, and those applying for adjustment of status to permanent residence in the United States.
Overview
What is the Visa Bulletin?
The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories. The purpose of the visa bulletin is to inform immigrants who are subject to the numerical quota system of when they are eligible to apply for an immigrant visa or adjustment of status application. Applicants can determine their place in line by looking at the priority date on their underlying immigrant petition. Applicants with a priority date that is “current” on the Visa Bulletin can move forward with the immigration process, because that means a visa number is available to them.
What are the preference categories that are subject to the numerical limitations?
The Family Sponsored Preference Categories and their annual limits are as follows:
First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
- (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
- (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.
The Employment-Based Preference Categories and their annual limits are as follows:
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.
Highlights of the October 2023 Visa Bulletin
Employment Based Categories
Final Action cutoff dates – Movement in October:
- EB-1: will advance by five years for India to January 1, 2017, and by two weeks for China to February 15, 2022. All other countries will be current in October.
- EB-2: will advance by one year to January 1, 2012, for India, and by almost three months for China to October 1, 2019. All other countries will advance by one week to July 8, 2022, in October.
- EB-3: EB-3 Professional/Skilled Worker will advance by three years and four months for India, to May 1, 2012, and by four months for China to January 1, 2020. All other countries will advance by one year and seven months to December 1, 2021.
- EB-5: For EB-5 Unreserved categories (C5, T5, I5, and R5) India will advance by one year and eight months to December 15, 2018, and by three weeks for China to October 1, 2015. All other countries will be current in October. The EB-5 set aside categories (Rural, High Unemployment, and Infrastructure) will also be current in October.
Family-sponsored categories
Dates for Filing cutoff dates – October:
- The family-sponsored Dates for Filing remain unchanged from the September visa bulletin.
Adjustment of Status Filing Chart October 2023
The U.S. Citizenship and Immigration Services (USCIS) has published guidance indicating that USCIS will accept employment-based and family-sponsored adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing chart listed in the State Department’s October 2023 Visa Bulletin.
You may also find the Adjustment of Status USCIS Filing Charts here:
October 2023 Visa Bulletin Dates for Filing Cutoff Dates
Employment-Based Categories
DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s October 2023 Visa Bulletin, the following Dates for Filing cutoff dates will apply for employment-based categories, which will determine whether an adjustment of status application can be filed with USCIS in the month of October:
- EB-1: The category will advance by two months for China to August 01, 2022. India will retrogress by two months to July 1, 2019. All other countries will remain current in October.
- EB-2: India will advance by two weeks to May 15, 2012. China will advance by almost three months to January 1, 2020. All other countries will advance by one month to January 1, 2023.
- EB-3 Professionals and Skilled Workers: India will remain at August 1, 2012. China will advance by ten months to September 1, 2020. EB-3 Worldwide and Mexico will retrogress by almost three months to February 1, 2023. EB-3 Philippines will retrogress by almost four months to January 1, 2023.
- EB-3 Other Workers: India will remain at August 1, 2012, China will advance by one year and five months to June 1, 2017. EB-3 Worldwide and Mexico will advance by six and a half months to December 15, 2020. EB-3 Philippines will retrogress by two weeks to May 15, 2020.
- EB-4: All countries have advanced by five months to March 1, 2019.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will advance by more than two years and three months to April 1, 2022, and China will advance by one year to January 1, 2017. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.
| 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 |
| Other Workers | 15DEC20 | 01JUN17 | 01AUG12 | 15DEC20 | 15MAY20 |
| 4th | 01MAR19 | 01MAR19 | 01MAR19 | 01MAR19 | 01MAR19 |
| Certain Religious Workers | 01MAR19 | 01MAR19 | 01MAR19 | 01MAR19 | 01MAR19 |
| 5th Unreserved (including C5, T5, I5, R5) |
C | 01JAN17 | 01APR22 | C | C |
| 5th Set Aside: (Rural – 20%) |
C | C | C | C | C |
| 5th Set Aside: (High Unemployment – 10%) |
C | C | C | C | C |
| 5th Set Aside: (Infrastructure – 2%) |
C | C | C | C | C |
*EMPLOYMENT-BASED FOURTH PREFERENCE CATEGORY (EB-4)
Beginning with the April 2023 Visa Bulletin, the final action and application filing dates for the Employment-Based Fourth Preference (EB-4) immigrant visa applicants from El Salvador, Guatemala, and Honduras are now provided in the column headed “All Chargeability Areas Except Those Listed.” This means that such countries have now been consolidated in that column. This change affects only EB-4 applicants.
Dates for Filing for October 2023
EB-1
- China: August 1, 2022 *Advancement
- India: July 1, 2019 (Retrogression)
- All other countries: Current
EB-2
- China: January 1, 2020 *Advancement
- India: May 15, 2012 *Advancement
- All other countries: December 1, 2022 *Advancement
EB-3 Professionals and Skilled Workers
- China: September 1, 2020 *Advancement
- India: August 1, 2012
- Worldwide and Mexico: February 1, 2023 (Retrogression)
- Philippines January 1, 2023 (Retrogression)
EB-3 Other Workers
- China: June 1, 2017 *Advancement
- India: August 1, 2012 *Advancement
- Worldwide and Mexico: December 15, 2020 *Advancement
- Philippines: May 15, 2020 (Retrogression)
EB-4
- All countries: March 1, 2019 *Advancement
EB-5 Unreserved (Regional Center and Non-Regional Center)
- China: January 1, 2017 *Advancement
- India: April 1, 2022 *Advancement
- All other countries: Current
EB-5 Set-Asides
- Rural: Current for all countries
- High Unemployment: Current for all countries
- Infrastructure: Current for all countries
Employment-Based Categories
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s October 2023 Visa Bulletin, the following Final Action cutoff dates will apply for employment-based categories:
- EB-1: will advance by five years for India to January 1, 2017, and by two weeks for China to February 15, 2022. All other countries will be current in October.
- EB-2: will advance by one year to January 1, 2012, for India, and by almost three months for China to October 1, 2019. All other countries will advance by one week to July 8, 2022, in October.
- EB-3: EB-3 Professional/Skilled Worker will advance by three years and four months for India, to May 1, 2012, and by four months for China to January 1, 2020. All other countries will advance by one year and seven months to December 1, 2021.
- EB-3 Other Workers: will advance by four months to January 1, 2016, for China, and advance by three years and four months to May 1, 2012, for India. Worldwide and Mexico will advance by three months to August 1, 2020. Philippines will remain at May 1, 2020.
- EB-4: EB-4 will retrogress by four months to January 1, 2019.
- EB-5: For EB-5 Unreserved categories (C5, T5, I5, and R5) India will advance by one year and eight months to December 15, 2018, and by three weeks for China to October 1, 2015. All other countries will be current in October. The EB-5 set aside categories (Rural, High Unemployment, and Infrastructure) will also be current in October.
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | 15FEB22 | 01JAN17 | C | C |
| 2nd | 08JUL22 | 01OCT19 | 01JAN12 | 08JUL22 | 08JUL22 |
| 3rd | 01DEC21 | 01JAN20 | 01MAY12 | 01DEC21 | 01DEC21 |
| Other Workers | 01AUG20 | 01JAN16 | 01MAY12 | 01AUG20 | 01MAY20 |
| 4th | 01JAN19 | 01JAN19 | 01JAN19 | 01JAN19 | 01JAN19 |
| Certain Religious Workers | U | U | U | U | U |
| 5th Unreserved (including C5, T5, I5, R5) |
C | 01OCT15 | 15DEC18 | C | C |
| 5th Set Aside: Rural (20%) |
C | C | C | C | C |
| 5th Set Aside: High Unemployment (10%) |
C | C | C | C | C |
| 5th Set Aside: Infrastructure (2%) |
C | C | C | C | C |
Final Action Dates for October 2023
EB-1
- China: February 15, 2022 *Advancement
- India: January 1, 2017 *Advancement
- All other countries: Current
EB-2
- China: October 1, 2019 *Advancement
- India: January 1, 2012 *Advancement
- All other countries: July 8, 2022 *Advancement
EB-3 Professionals and Skilled Workers
- China: January 1, 2020 *Advancement
- India: May 1, 2012 *Advancement
- All other countries: December 1, 2021 *Advancement
EB-3 Other Workers
- China: January 1, 2016 *Advancement
- India: May 1, 2012 *Advancement
- Worldwide and Mexico: August 1, 2020 *Advancement
- Philippines: May 1, 2020
EB-4
- All countries: January 1, 2019 (Retrogression)
EB-5 Unreserved (Regional Center and Non-Regional Center)
- China: October 1, 2015 *Advancement
- India: December 15, 2018 *Advancement
- All other countries: Current
EB-5 Set-Asides
- Rural: Current for all countries
- High Unemployment: Current for all countries
- Infrastructure: Current for all countries
Family-Sponsored Categories
DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s October 2023 Visa Bulletin, the following Dates for Filing cutoff dates will apply for family-sponsored categories, which will determine whether an adjustment of status application can be filed with USCIS in October:
*Unchanged from the September Visa Bulletin
- F-1 Mexico: April 1, 2005
- F-1 Philippines: April 22, 2015
- F-1 China, India, Worldwide: September 1, 2017
- F2A: September 1, 2023 for all categories
- F2B Mexico: August 1, 2004
- F2B Philippines: October 1, 2013
- F2B China, India, Worldwide: January 1, 2017
- F3 China, India, Worldwide: March 1, 2010
- F3 Mexico: June 15, 2001
- F3 Philippines: November 8, 2003
- F4 China, Worldwide: March 1, 2008
- F4 India: February 22, 2006
- F4 Mexico: April 15, 2001
- F4 Philippines: April 22, 2004
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 01SEP17 | 01SEP17 | 01SEP17 | 01APR05 | 22APR15 |
| F2A | 01SEP23 | 01SEP23 | 01SEP23 | 01SEP23 | 01SEP23 |
| F2B | 01JAN17 | 01JAN17 | 01JAN17 | 01AUG04 | 01OCT13 |
| F3 | 01MAR10 | 01MAR10 | 01MAR10 | 15JUN01 | 08NOV03 |
| F4 | 01MAR08 | 01MAR08 | 22FEB06 | 15APR01 | 22APR04 |
Dates for Filing October 2023
F-1 Unmarried Sons and Daughters of U.S. Citizens
- China, India, World: September 1, 2017
- Mexico: April 1, 2005
- Philippines: April 22, 2015
F-2A Spouses and Children of Permanent Residents
- September 1, 2023
F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
- China, India, World: January 1, 2017
- Mexico: August 1, 2004
- Philippines: October 1, 2013
F3 Married Sons and Daughters of U.S. Citizens
- China, India, World: March 1, 2010
- Mexico: June 15, 2001
- Philippines: November 8, 2003
F-4 Brothers and Sisters of Adult U.S. Citizens
- China, World: March 1, 2008
- India: February 22, 2006
- Mexico: April 15, 2001
- Philippines: April 22, 2004
FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s October 2023 Visa Bulletin, the following Final Action cutoff dates will apply for family-sponsored categories:
F1
- F1 China, India, Worldwide will remain at January 1, 2015
- F1 Mexico will remain at April 22, 2001
- F1 Philippines will remain at March 1, 2012
F2
- F2A: All countries except Mexico will advance to February 8, 2019 *Advancement
- F2A Mexico will advance to February 1, 2019 *Advancement
- F2B China, India, Worldwide will remain at September 22, 2015
- F2B Mexico will advance to January 1, 2002 *Advancement
- F2B Philippines will remain at October 22, 2011
F3
- F3 China, India, Worldwide will remain at January 8, 2009
- F3 Mexico will advance to March 8, 1998 *Advancement
- F3 Philippines will remain at June 8, 2002
F4
- F4 China and World will remain at April 22, 2007
- F4 India will advance to October 8, 2005 *Advancement
- F4 Mexico will remain at August 1, 2000
- F4 Philippines will advance to August 22, 2002 *Advancement
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA-mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 01JAN15 | 01JAN15 | 01JAN15 | 22APR01 | 01MAR12 |
| F2A | 08FEB19 | 08FEB19 | 08FEB19 | 01FEB19 | 08FEB19 |
| F2B | 22SEP15 | 22SEP15 | 22SEP15 | 01JAN02 | 22OCT11 |
| F3 | 08JAN09 | 08JAN09 | 08JAN09 | 08MAR98 | 08JUN02 |
| F4 | 22APR07 | 22APR07 | 08OCT05 | 01AUG00 | 22AUG02 |
The Takeaway
In the employment-based preference categories, the dates for filing chart reveals significant advancements for EB-1 China to August 1, 2022 (two months), EB-2 China by almost three months to January 1, 2020, EB-2 India by two weeks to May 15, 2012, and EB-2 advancements for all other countries by one month to January 1, 2023.
EB-3 Professionals and Skilled Workers from China will advance by ten months to September 1, 2020.
EB-3 Other Workers, China will advance by one year and five months to June 1, 2017, and EB-3 Other Workers, Worldwide and Mexico will advance by six and a half months to December 15, 2020.
EB-4 has advanced for all countries by five months to March 1, 2019.
EB-5 India will advance by more than two years and three months to April 1, 2022, and China will advance by one year to January 1, 2017.
For the family-sponsored categories, the dates for filing chart remains unchanged from the September Visa Bulletin.
In the final action date chart, F2A all countries except Mexico will advance to February 8, 2019. F2A Mexico will advance to February 1, 2019.
F2B Mexico will advance to January 1, 2022.
F3 Mexico will advance to March 8, 1998.
F4 India will advance to October 8, 2005 and F4 Philippines will advance to August 22, 2002.
As always, we will continue to monitor the trends and progressions of the Visa Bulletin and report them right here on our blog.
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Helpful Links
- October Visa Bulletin
- September Visa Bulletin
- Employment-Based Fourth Preference (EB-4) Announcement
- Adjustment of Status Filing Dates from Visa Bulletin
- USCIS Processing Times
- USCIS Announces End of COVID-Related Flexibilities
- USCIS Processing Times
- Immigrant Visa Backlog Report
- DOS Visa Services Operating Status Update
- ImmigrationLawyerBlog
- ImmigrationU Membership
- Success stories
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