October 2023 Visa Bulletin Released

The Department of State (DOS) has issued its October 2023 Visa Bulletin. October 1 marks the start of a new fiscal year, so all the immigrant visa categories benefit from new visa numbers, and most immigrant visa applicants see progress in their place in line for permanent residence. 

While the October 2023 Visa Bulletin is somewhat disappointing, one positive development is that the priority date for EB-1 India advances by five years to January 1, 2017, and EB-1 for all other countries will be open (so no backlog).  The EB-3 category also advances significantly with EB-3 India moving forward the most by three years and four months. 

Family-based final action dates, on the other hand, have little movement except for the F-2A category, which leaps forward by over 13 months in October for nationals of all countries except for F-2A Mexico, which advances even more by two years and five months.

The good news is that USCIS will honor the Dates for Filing Chart for both employment and family-based petitions in October (charts provided further below). These dates tend to be 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

Following the major retrogression a few months ago, EB-1 India will advance by five years in October.  EB-1 worldwide will be open again in October.

The priority date for the EB-2 category for China advances by two months and twenty-three days and EB-2 India advances by one year. We also see an incremental step forward for nationals of all countries, Mexico, and Philippines which advances by seven days.

The EB-3 category also shows forward movement, notably for India which advances by three years and four months. We also have strong forward movement for nationals of all countries, Mexico, and Philippines which advance by one year and seven months.  EB-3 China advances by four months. 

Here’s a chart for ease of reference:

Family-based Movement

Family-based final action dates see little movement overall. F-2A worldwide category records a large leap to one year, one month, and seven-day advancement from last month. Mexico will also experience forward movements in categories F-2A, F-2B, and F-3. The priority dates for nationals of all countries  remain the same in the F-1, 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 October 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 status along with the applications for employment authorization and travel permission (assuming you have no bars to admissibility) with USCIS in October 

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