D&S September 2023 Visa Bulletin Summary

The Department of State has released the September 2023 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In September 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 September 2023, foreign nationals must have a priority date that is earlier than that listed on the Final Action Date chart.

With respect to Final Action Dates, all categories remain unchanged from last month. The EB-1 China Final Action date will remain at February 1, 2022, the EB-1 India Final Action date will remain at January 1, 2012, while the EB-1 Final Action date for all other countries will have a cutoff date of August 1, 2023. 

The EB-2 China Final Action date will remain July 8, 2019 and the Final Action date for EB-2 India will remain January 1, 2011. The EB-2 Final Action date for all other countries will advance to July 1, 2022. 

In September, the Final Action date for EB-3 China Professional/Skilled Worker will move forward by three months, to September 1, 2019. EB-3 India Professional/Skilled Worker will remain January 1, 2009. EB-3 Professional/Skilled Worker Final Action date for all other countries will remain at May 1, 2020. 

The Final Action Dates for all EB-4 will remain September 1, 2018 for all countries. In addition, with respect to the Final Action date for the EB-5 Unreserved categories, China will remain at September 8, 2015 while India Final Action will remain at April 1, 2017. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries. 

State Department Expands Validity of NIEs to 12 Months and Multiple Entries

Today the Department of State updated their website to indicate that National Interest Exceptions (NIEs) previously granted by U.S. embassies and consulates overseas will no longer be valid for 30 days for a single entry but, rather and unless otherwise indicated, existing NIEs will be valid for 12 months from the date of approval and for multiple entries, as long as they are used for the purpose under which they were granted.

We have also heard reports from Customs and Border Protection (CBP) that NIEs granted by that agency will not benefit from this same expansion and will continue to be valid for a single entry to the U.S. within 30 days of issuance, but this has yet to be officially confirmed by the agency.

We expect that additional guidance regarding how individuals will demonstrate their continued eligibility to use previously granted NIEs (including how they will document that their travel is for the same purpose that the initial NIE was granted) will be forthcoming and D&S will continue to provide updates as they become available.

State Department December 2020 Visa Bulletin Summary

The Department of State has released the December  2020 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in December 2020, it will once again accept adjustment of status applications for both employment-based and family-based petitions based on the November Bulletin’s application filing dates for all categories except for the F2A family-based category, which may file based on final action dates

With respect to Application Filing Dates, for China all categories will remain unchanged from November, with the exception of EB-1, which advanced two months to November 1, 2020. For India, EB-1 also advances by two months to November 1, 2020, but both EB-3 and "Other Workers" retrogressed by one year to January 1, 2014. For all other countries of chargeability, all EB-1 to EB-3 and “Other Workers” categories remain current. 

As for Final Action Dates,  for both China and India EB-1 advances four months to April 1, 2019.  EB-2 China advances nine days to May 1, 2016,  EB-3 China advances one month to November 1, 2017, and China “Other Workers” advances over a month to February 15, 2009.  For India, EB-2 advances 9 days to October 1, 2009, while both EB-3 and “Other Workers” advance 15 days to March 15, 2010, while all other categories  remain current.  For all other countries of chargeability, all EB-1 to EB-3 and “Other Workers”  categories remain current. 

The EB-5 Regional Center program has been extended by legislation until December 11, 2020.  As such, final action dates for both the EB-5 Regional and Non-Regional Center programs for all countries of chargeability except for China and Vietnam will remain current. EB-5 China will remain unchanged at August 15, 2015, and EB-5 Vietnam will advance two weeks to September 1, 2017.

Department of State November 2020 Visa Bulletin Summary

The Department of State has released the November 2020 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in November 2020, it will once again accept adjustment of status applications for both employment-based and family-based petitions based on the November Bulletin’s application filing dates for all categories except for the F2A family-based category, which may file based on final action dates.

With respect to Application Filing Dates, all categories (with the exception of the “Other Workers” category) will remain unchanged from October. As for Final Action Dates, all countries of chargeability, except India and China, will remain current. EB-1 China and EB-1 India will advance six months to December 1, 2018. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will advance almost two months to April 22, 2016 and EB-2 India will advance just under a month to September 22, 2009. All EB-3 categories except India and China will remain current. EB-3 China will advance three months to October 1, 2017, and EB-3 India will advance one and a half months to March 1, 2010. 

The EB-5 Regional Center program has been extended by legislation until December 11, 2020.  As such, final action dates for both the EB-5 Regional and Non-Regional Center programs for all countries of chargeability except for China and Vietnam will remain current. EB-5 China will remain unchanged at August 15, 2015, and EB-5 Vietnam will advance two weeks to August 15, 2017.

DOS Announces Exceptions to Presidential Proclamations Suspending the Entry of Certain Immigrants and Nonimmigrants

Today the Department of State (DOS) announced an exception to the Presidential Proclamations suspending entry of Immigrants and Nonimmigrants to the U.S. where the President deemed their entry a risk to the U.S. labor market during the economic recovery following the COVID-19 pandemic. In addition to the exceptions listed in the text of the Proclamations, the DOS outlined three (3) additional limited exceptions provided to:

1. Applicants who are subject to aging out of their current immigrant visa classification for the expiration of the relevant Proclamations or within two (2) weeks thereafter;

2. Certain H and J visa applicants who are traveling to work in support of critical U.S. foreign policy objectives (such as COVID-19 response) and/or traveling at the request of the U.S. government;

3. Spouses and children of certain visa class holders, such as H, J, and L visa holders who are already exempted from or not subject to the nonimmigrant ban because, for example, the principal applicant is already in the United States.

The announcement further clarifies that Diversity Visa applicants who were not issues an immigrant visa as of April 23, 2020 remain subject to the proclamation. Finally, the announcement confirms that no valid visas will be revoked as a result of the proclamation.

Department of State April 2020 Visa Bulletin Summary

The Department of State has released the April 2020 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. As of today, USCIS has not yet advised whether, in April 2020, it will once again accept adjustment of status applications for both employment-based and family-based petitions based on the April Bulletin’s application filing dates, as it has for most categories for the past several months. The April Bulletin’s application filing dates for all categories will remain unchanged from the March Bulletin.

With respect to Employment Based (EB) Final Action Dates, all EB-1 countries of chargeability, except India and China, will advance three months to June 1, 2019. EB-1 China will advance one week to June 8, 2017 and EB-1 India will advance two months to May 1, 2015. With the exception of India and China, all other EB-2 countries of chargeability remain current. EB-2 China will advance two weeks to September 1, 2015, and EB-2 India will advance by just three days to May 25, 2009. All EB-3 categories except India and China will remain unchanged at January 1, 2017. EB-3 China will advance three weeks to April 15, 2016, and EB-3 India will advance one week to January 22, 2009.

EB-5 Non-Regional Center and EB-5 Regional Center Final Action Dates remain current with the exception of China, India and Vietnam. EB-5 China will remain unchanged at May 15, 2015, while EB-5 India will advance over two months to January 1, 2019, and EB-5 Vietnam will advance over three weeks to February 8, 2017.

Department of State September 2018 Visa Bulletin Summary

The Department of State has released the September 2018 Visa Bulletin.  D&S provides a Monthly Summary of the family and employment-based priority dates.  

EB-1, EB-2, and EB-3 Worldwide will no longer be current in September, retrogressing to June 1, 2016, January 1, 2013, and November 1, 2016 respectively. They are expected to become progress or become current again at the start of the new fiscal year in October.  EB-1 China remains unchanged, EB-2 China retrogressed more than 2 years to January 1, 2013, and EB-3 China progressed 4 months to November 1, 2014. EB-1 India remained unchanged, EB-2 India retrogressed more than 2 years to January 1, 2007, and EB-3 India retrogressed 6 years to January 1, 2003.  EB-5 regional center and non-regional center filings remain current except for China and Vietnam, both of which progressed one week to April 8, 2014.

Application Filing Dates remain unchanged across all areas of chargeability for September 2018, with exception of F2B Worldwide, China and India, which progressed over 2 years from January 8, 2012 to March 22, 2014.

As of today, August 9, 2018, USCIS has not advised whether, in September 2018, it will accept adjustment of status applications for family and employment-based petitions based on final action dates or application filing dates.

Department of State August 2017 Visa Bulletin Summary

The Department of State has released the August 2017 Visa Bulletin.  D&S provides a Monthly Summary of the family and employment-based priority dates.  

With respect to Final Action Dates, there is significant retrogression in the EB-2 worldwide category to April 1, 2015.    EB-1 China and EB-1 India remain unchanged at January 1, 2012. EB-2 China progressed by one month to April 22, 2013 and EB-3 China remains unchanged at January 1, 2012.  EB-2 India remains unchanged at July 22, 2008 and EB-3 India progressed by five months to July 15, 2006.  EB-3 worldwide is current. EB-2 Mexico and Philippines have retrogressed to April 1, 2015 and EB-3 Mexico is now current.  EB-3 Philippines has progressed one year to June 1, 2015.

EB-5 for both regional centers and non-regional centers remains current, with the exception of China, which has progressed by one week to June 15, 2014.

Application Filing Dates for EB-1, EB-2 and EB-3 Worldwide are current.  Additionally, Application Filing Dates for China remain unchanged in both the EB-2 and EB-3 categories with EB-2 China at October 1, 2013 and EB-3 China at September 1, 2015.  Similarly, Application Filing Dates for India in the EB-2 category remains unchanged at February 1, 2009.  The EB-3 India category progressed by three months to January 1, 2007.  Application Filing Dates for EB-3 Philippines progressed by six months to January 1, 2016.  Application Filing Dates for EB-5 China remain unchanged at September 1, 2014.

USCIS has announced that both family-based and employment-based adjustment of status applicants must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2017.

Department of State May 2016 Visa Bulletin Summary

The Department of State released the May 2016 Visa Bulletin this week.  D&S provides a Monthly Summary of the family and employment-based priority dates.  For the second and third employment-based preference categories, Application Filing dates remained unchanged and there was modest forward movement in the Final Action dates EB-2 and EB-3 India of three weeks. There was no movement in EB-2 and EB-3 China Final Action dates.  Final Action dates for EB-3 Worldwide and EB-3 Mexico also remained unchanged and EB-3 Philippines progressed just over 3 months. The EB-5 China Final Action date advanced by just one week from February 1, 2014 to February 8, 2014.  Finally, the visa bulletin establishes a new cut-off date for the employment-based, fourth preference and certain religious workers preference categories for applicants from El Salvador, Guatemala, and Honduras.

As of today, April 13, 2016, USCIS has not advised whether in May 2016, it will accept adjustment of status applications for family or employment-based petitions based on filing dates, rather than final action dates. USCIS anticipates that this information will be released within one week of the monthly Visa Bulletin.

D&S will provide further updates as they become available. 

Department of State February 2016 Visa Bulletin Summary

The Department of State released the February 2016 Visa Bulletin today.  D&S provides a Monthly Summary of the family and employment-based priority dates.  This month, there was no forward movement in any employment-based or family-based Filing Dates.  For the employment-based preference category Final Action Dates, there was forward movement for EB-2 India, which advanced 5 months from February 1, 2008 to August 1, 2008.  EB-2 China advanced one month from February 1, 2012 to March 1, 2012. EB-3 Worldwide and Mexico remained unchanged and EB-3 China, India, and the Philippines all saw forward movement of between 1 and 3 months. EB-5 China Final Action Dates advanced by just 7 days from January 8, 2014 to January 15, 2014.  As of today, January 8, 2016, USCIS has not advised whether in February 2016, it will accept adjustment of status applications for family or employment-based petitions based on filing dates, rather than final action dates. USCIS anticipates that this information will be released within one week of the monthly Visa Bulletin.

Elimination of Visa Page Inserts for U.S. Passports

The U.S. Department of State announced that beginning January 1, 2016, DOS will no longer add visa pages into U.S. passports. As a result of this policy change, applicants in need of additional pages in their valid passports must obtain a new passport by mail. Previously, U.S. passport holders had the option to pay for the insertion of 24 additional visa page inserts into their current, valid passport if it lacked adequate space for entry or exit visa stamps.

Requests for additional 24 page visa inserts will only be accepted until December 31, 2015. Beginning January 1, 2016, applicants in need of additional pages in their passports must obtain a new passport by mail.

DOS indicates that this decision was made to enhance the security of the U.S. passport and in adherence with international passport standards.

Applicants with passports without adequate space for visa stamps are encouraged to apply for their new passport as early as possible in advance of travel.

USCIS Announces Adjustment of Status Filing Dates for December

USCIS has announced that for December, Family-Based Adjustment of Status applicants can use the "Filing Dates" listed on the Department of State's December 2015 Visa Bulletin. Employment-Based Applicants, however, can only use the "Final Action Dates" to determine when they are eligible to submit Adjustment of Status applications. 

This announcement comes after USCIS issued updated instructions regarding the use of the Revised Visa Bulletin, implemented in September 2015, which contains two sets of dates for both family-based and employment-based immigrant visas. 

UPDATE: 165 Consular Posts (85% of Nonimmigrant Visa Demand) Back Online

The most recent alert by the Department of State (DOS) indicates that 165 consular posts, representing more than 85 percent of the worldwide nonimmigrant visa demand, are now online and issuing visas. With the system largely restored, consular posts overseas issued more than 82,000 visas on June 24th and more than 238,000 non-immigrant visas this week alone.

D&S will continue to provide updates as they become available.