The Department of State has released the May 2023 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In May 2023, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in May 2023, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.
With respect to Final Action Dates, EB-1 China and India will maintain their Final Action cutoff date of February 1, 2022. All other EB-1 categories will remain current. The Department of States notes that increased demand and use in EB-1 will most likely result in the retrogression in the Final Action Dates for China and India in the coming months. For the EB-2 categories, India will maintain its Final Action cutoff date of January 1, 2011 and China will maintain its Final Action cutoff date of June 8, 2019. All other EB-2 Final Action cutoff dates will retrogress by four and a half months to February 15, 2022. The Final Action cutoff date for EB-3 China Professional/Skilled Worker Final Action date will advance by five months to April 1, 2019 while the EB-3 India Professional/Skilled Worker Final Action date will remain June 15, 2012. The Final Action Dates for all EB-4 will remain September 1, 2018 for all countries. In addition, the Final Action date for the EB-5 Unreserved categories, China will advance to September 8, 2015 while India Final Action cut off date will remain at June 1, 2018. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.