The Department of State (DOS) has issued its May 2023 Visa Bulletin. Other than the EB-3 category for Chinese nationals, which advances by five months, most employment categories either have no movement or retrogress in May.  Most notably, the Final Action Date for the worldwide EB-2 category moves back by four and a half months and the worldwide EB-3 category will no longer open with a June 1, 2022, cut off date.

These trends: lack of movement, retrogression, and cut-off dates, are not unusual as we move through the fiscal year, which started on October 1.  The further we get into the fiscal year, the less availability there is of green cards, which means little to backward movement in priority dates month to month.  The retrogressions happen because USCIS received more green card applications than the agencies had predicted for the previous month and they have to push back the priority date for that category.  Priority dates should improve by October 1, 2023, when the new fiscal year starts and more green cards become available. 

Employment-based Movement

The EB-1 category remains open (“current” or “C” in DOS talk) for nationals of all countries except for China and India, which continue to have a moderate backlog. 

The EB-2 category will retrogress for nationals of all countries except for China and India, which remain the same as the previous month. The EB-3 category is no longer open for nationals of all countries (other than India and China, which have different priority dates), with a priority date of June 1, 2022. The priority date for EB-3 China moves forward by five months in May and remains the same for EB-3 India.  

Here’s a chart for ease of reference:

Family-based Movement

Worldwide final action dates for the F-1, F-3, and F-4 categories have modest forward movement, while all other family-based final action dates for nationals of Mexico, Philippines, and India remain the same. 

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 May 2023, USCIS has confirmed the Final Action Dates (above) should be used for employment-based categories. 

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

If the priority date for your 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 May. 

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 dates or any other immigration issues further.