The Department of State (DOS) has issued its December 2023 Visa Bulletin. This month, there is very little forward movement in all the family and employment-based immigrant visa categories. While this is disappointing, there were no retrogressions in any of the categories for this month.

For employment-based categories, there is a slight forward movement by three weeks for nationals of China in both the EB-2 and EB-3 categories. The final action dates for all other employment-based categories remain the same.

For all family-based categories, there is no movement and priority dates remain the same. 

The good news is that USCIS will continue to honor the Dates for Filing Chart for both employment and family-based petitions in December (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 petitions can get their applications filed and obtain interim benefits for employment and travel until the government can actually approve their application. 

Employment-Based Movement

In December, there is no movement in the employment-based categories except for the EB-2 and EB-3 categories for nationals of China, which advance by three weeks.  

Here’s a chart for easy reference:

Family-based Movement

Family-based final action dates see no movement from last month. 

Here’s a chart for easy 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 December 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 December. 

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.