November 2023 Visa Bulletin Released

The Department of State (DOS) has issued its November 2023 Visa Bulletin. Much like this month, the November 2023 Visa Bulletin is disappointing as there is little forward movement in both the family and employment-based immigrant visa categories.   Fortunately, there are no retrogressions in any of the categories. 

In terms of movement in the employment-based final action dates, the only category is the EB-2 category, which advances by seven days for nationals of all countries except China and India. EB-2 China and India stay the same. 

Family-based final action dates, on the other hand, have slightly more movement in the F-1, F-2B, F-3, and F-4 categories for nationals of Mexico. Notably, the F-2B category for nationals of Mexico leaps forward by four months. 

The good news is that USCIS will continue to honor the Dates for Filing Chart for both employment and family-based petitions in November (charts provided further below). Although there has been no progress in the Dates for Filing Chart since October, these dates are further ahead than the Final Action Dates, so beneficiaries of immigrant visa petitions can at least get their applications filed and in process until the government can actually approve their application. 

Employment-Based Movement

For November, there is no forward movement in the employment-based categories except for the EB-2 category for all nationals except China and India, which advances by seven days in November. 

Here’s a chart for ease of reference:

Family-based Movement

Family-based final action dates see little movement overall. 

Mexico experienced slight forward movements in categories F-1, F-2B, F-3, and F-4, with F-2B being the biggest leap of four months. The priority dates for nationals of all countries remain the same in the F-1, F-2A, F-2B, F-3, and F-4 categories.

Here’s a chart for ease of reference. 

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 November 2023, USCIS has confirmed the Dates for Filing (below) should be used for both family and employment-based categories. 

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 your status along with the applications for employment authorization and travel permission (assuming you have no bars to admissibility) with USCIS in November. 

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. 

Nadia Yakoob