September 2023 Visa Bulletin Released
The Department of State (DOS) has issued its September 2023 Visa Bulletin, which has little movement (if any) in the employment and family-based categories. Fortunately, no categories retrogress in September, which is the last month of the fiscal year. There is slight forward movement for EB-2 worldwide (not including China and India, which stay the same) and the EB-3 category for China, which will advance by three months.
Family-based final action dates have minimal movement. The priority dates for nationals of all countries have remained the same in the F-1, F-2B, F-3, and F-4 categories. In the F-2A category, the priority date for nationals of all countries (except Mexico) has moved forward by two months and twenty-four days.
Employment-based Movement
The priority dates for nationals of all countries in the EB-1 category remain the same in September, including EB-1 India, which retrogressed dramatically in August by over ten years. Hopefully, there will be improvement in October when the new fiscal year starts and visa numbers are replenished.
The priority date for the EB-2 category for nationals of all countries except for China and India has advanced by three months. The priority dates for EB-2 China and India remain the same in September. In the EB-3 category, China has advanced by three months, while the priority dates for EB-3 worldwide and India remain the same.
Here’s a chart for ease of reference:
Family-based Movement
Family-based final action dates have minimal movement. In the F-2A category, the priority date for nationals of all countries except for Mexico has moved forward by two months and twenty-four days. The priority dates for nationals of all countries have remained the same in the F-1, F-2B, F-3, and F-4 categories.
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 September 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 September.
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.