The Department of State (DOS) has issued its January 2023 Visa Bulletin. Overall, there is very little movement in priority dates for employment and family-based categories in January. The one unfortunate development is that the first preference employment-based category (EB-1) for Indian and Chinese nationals will no longer be current. Priority dates for the second and third employment-based categories (EB-2 and EB-3) and family-based categories remain the same as last month.

Employment-based Movement

The EB-1 category remains open (“current” or “C” in DOS talk) for nationals of most countries, but is no longer open for Indian and Chinese nationals. The government has set a priority date of February 1, 2022, for nationals of India and China applying for permanent residence under the EB-1 category, which is for individuals of extraordinary ability; outstanding researchers and scientists; and international managers and executives. The EB-2 category continues to have a small backlog for nationals for most countries other than India and China. The government is currently working on EB-2 cases with a priority date of November 1, 2022 (or before).

For nationals of China and India, the EB-2 and EB-3 priority dates remain the same as last month. The EB-3 category remains open for nationals of all other countries.

Here’s a chart for ease of reference:

Family-based Movement

Final action dates for all family-based categories remain the same as last month.

By way of reminder, the categories are:

• F-1 category: unmarried sons and daughters of U.S. citizens

• F2-A category: spouses and children under 21 of lawful permanent residents

• F2-B category: unmarried adult children (over 21) of lawful permanent residents

• F-3 category: married sons and daughters of U.S. citizens

• F-4 category: siblings of U.S. citizens

WHAT DATES IN THE VISA BULLETIN SHOULD YOU USE FOR FILING YOUR ADJUSTMENT OF STATUS APPLICATION WITH USCIS?

If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, then USCIS will state here that you may use the Dates for Filing Visa Applications chart in the Department of State Visa Bulletin, which usually has dates later than the Final Action Dates noted above. Otherwise, USCIS will indicate on its website that you must use the Application Final Action Dates chart (above) to determine when you may file your adjustment of status application in the United States.

For January 2023, USCIS has confirmed the Dates for Filing chart (below) should be used for employment-based categories.

For family-based categories, the Dates for Filing chart, which is below, should be used.

If the priority date for your employment or family-based category is before the date listed above and you are in the United States, you may file your application to adjust status along with the applications for employment authorization and travel permission (assuming you have no bars to admissibility) with USCIS in January. 

The entire visa bulletin is available on the State Department’s website, which includes information on the diversity visa lottery and the EB-5 priority dates. 

If you would like more information on how to understand the monthly visa bulletin, please check out our blog post on this topic.

This alert is for informational purposes only.  Please contact us if you would like to discuss these developments further.