D&S November 2023 Visa Bulletin Summary

The Department of State has released the November 2023 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In November 2023, USCIS will continue to accept employment-based adjustment of status applications based on the Dates for Filing Employment-Based Preference chart. To be eligible to file an adjustment of status application in November 2023, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

The EB-1 Final Action Date for India will remain at January 1, 2017, while the Final Action Date for China will remain at February 15, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at January 1, 2012 and China will remain at October 1, 2019. All other countries will advance to July 15, 2022.

The EB-3 Professional/Skilled Worker Final Action Date will remain at May 1, 2012 for India, and China will remain at January 1, 2020. All other countries will remain at December 1, 2021.

The Final Action Dates for all EB-4 will remain at January 1, 2019 for all countries. In addition, with respect to the Final Action date for the EB-5 Unreserved categories, India will remain at December 15, 2018 and China will remain at October 1, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries. 

We note again that USCIS will accept adjustment of status applications under the Dates for Filing chart in November 2023. In order to be eligible to file an employment-based adjustment of status application, foreign nationals must have a priority date that is earlier than the Dates for Filing listed below:

EB-1  

China: August 1, 2022

India: July 1, 2019

All Other Countries: Current
EB-2  

China: January 1, 2020

India: May 15, 2012

All Other Countries: January 1, 2023

EB-3 Professionals and Skilled Workers  

China: September 1, 2020

India: August 1, 2012

Philippines: January 1, 2023

All Other Countries: February 1, 2023

EB-3 Other Workers  

China: June 1, 2017

India: August 1, 2012

Philippines: May 15, 2020

All Other Countries: December 15, 2020

EB-4

All Countries: March 1, 2019

EB-5 Unreserved (Regional Center and Non-Regional Center)

China: January 1, 2017

India: April 1, 2022

All Other Countries: Current

EB-5 Set-Asides

Rural: Current for all countries

High Unemployment: Current for all countries

Infrastructure: Current for all countries

USCIS Updates DACA Policy Following District Court Decision

On September 13, 2023, a Texas District Court issued a decision finding the Biden administration’s revised Deferred Action for Childhood Arrivals (DACA) program unlawful and extending the injunction issued on July 16, 2021. However, the court maintained a partial stay of the order for DACA recipients who received their initial status before July 16, 2021.

In response, USCIS issued an update about the DACA decision stating that, accordingly, current DACA grants and related Employment Authorization Documents (EADs) will remain valid until they expire. Therefore, those with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal. USCIS will continue to accept and process renewal requests. USCIS will also continue to accept initial DACA requests, but it will not process initial DACA requests pending the outcome of litigation.

Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about the consequences of the DACA decision on your specific circumstances, please contact your team at D&S.

D&S October 2023 Visa Bulletin Summary

The Department of State has released the October 2023 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In October 2023, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing Employment-Based Preference chart. To be eligible to file an adjustment of status application in October 2023, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

The EB-1 Final Action Date will advance by five years for India, to January 1, 2017. Final Action dates for China will advance by two weeks, to February 15, 2022 while all other countries will be current.

The EB-2 Final Action Date for India will move forward one year to January 1, 2012 and China will advance to October 1, 2019. All other countries will advance to July 8, 2022.

The EB-3 Professional/Skilled Worker Final Action Date will advance by over three years to May 1, 2012 for India, and China will advance by four months to January 1, 2020. All other countries will advance 19 months, to December 1, 2021.

The Final Action Dates for all EB-4 will advance to January 1, 2019 for all countries. In addition, with respect to the Final Action date for the EB-5 Unreserved categories, India will advance by twenty months to December 15, 2018 and China will advance to October 1, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries. 

We note again that USCIS will accept adjustment of status applications under the Dates for Filing chart in October 2023. In order to be eligible to file an employment-based adjustment of status application, foreign nationals must have a priority date that is earlier than the Dates for Filing listed below:

EB-1  

China: August 1, 2022

India: July 1, 2019

All Other Countries: Current

EB-2  

China: January 1, 2020

India: May 15, 2012

All Other Countries: January 1, 2023

EB-3 Professionals and Skilled Workers  

China: September 1, 2020

India: August 1, 2012

Philippines: January 1, 2023

All Other Countries: February 1, 2023

EB-3 Other Workers  

China: June 1, 2017

India: August 1, 2012

Philippines: May 15, 2020

All Other Countries: December 15, 2020

EB-4

All Other Countries: March 1, 2019

EB-5 Unreserved (Regional Center and Non-Regional Center)

China: January 1, 2017

India: April 1, 2022

All Other Countries: Current

EB-5 Set-Asides

Rural: Current for all countries

High Unemployment: Current for all countries

Infrastructure: Current for all countries

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. 

D&S August 2023 Visa Bulletin Summary

The Department of State has released the August 2023 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In August 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 August 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, EB-1 India Final Action date will retrogress by over ten years to January 1, 2012. The EB-1 China Final Action date will remain February 1, 2022 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 move forward one month to July 8, 2019 while 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 April 1, 2022. 

In August, the Final Action date for EB-3 China Professional/Skilled Worker will move forward by two months, to June 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 retrogress to May 1, 2020. 

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 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. 

D&S July 2023 Visa Bulletin Summary

The Department of State has released the July 2023 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In July 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 July 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, EB-1 China and India will maintain their Final Action cutoff date of February 1, 2022. All other EB-1 categories will remain current. 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 remain February 15, 2022.

In July, the EB-3 India Professional/Skilled Work Final Action Date will retrogress by more than three years to January 1, 2009 and EB-3 China Professional/Skilled Worker Final Action date will remain at April 1, 2019. All other countries will retrogress by 4 months to February 1, 2022. 

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 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. 

Department of State June 2023 Visa Bulletin Summary

The Department of State has released the June 2023 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In June 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 June 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. 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 remain February 15, 2022. The Final Action cutoff date for EB-3 China Professional/Skilled Worker Final Action date will remain April 1, 2019 and 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 remain September 8, 2015 while India Final Action will retrogress to 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. 

Department of State May 2023 Visa Bulletin Summary

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. 

Department of State Increasing Consular Fees Effective May 30, 2023

The Department of State (DOS) has published a final rule raising several nonimmigrant visa application processing fees. The new fees, which will become effective May 30, 2023, are as follows:

• The application processing fee for H, L, O, P, Q, and R visas will be raised from $190 to $205;

• The fee for nonimmigrant visas under the E visa category (E-1, E-2, E-3) will be raised from $205 to $315;

• The application processing fee for other non-petition based nonimmigrant visas (e.g., B-1, B-2 and F-1) visas will be raised from $160 to $185.

Department of State April 2023 Visa Bulletin Summary

The Department of State has released the April 2023 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In April 2023, USCIS will return to accepting adjustment of status applications based on the Visa Bulletin Final Action Dates chart, rather than the Dates for Filing chart that it had been using the past few months. The Department of State is no longer including a separate column covering applications in El Salvador, Guatemala, or Honduras. Final action dates and filing dates for these countries are now included in the “All Chargeability Areas Except Those Listed” column. 

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. For the EB-2 categories, India will retrogress by eight months, to January 1, 2011 while China will remain at June 8, 2019. All other countries will retrogress by four months, to July 1, 2022. With respect to the EB-3 Professional and Skilled Workers category, China will advance by 3 months to November 1, 2018, India will remain at June 15, 2012, and all other countries will remain current. The demand in the EB-4 category has continued to grow, which has required the USCIS to even further push back priority dates for all countries in this category. In addition, for the Final Action date for the EB-5 Unreserved categories, China will remain at July 8, 2015 and India will remain at June 1, 2018. EB-5 Final Action dates will remain current for all other countries and EB-5 “Set Aside” categories.

As with the employment-based cases, we are seeing retrogression in family-based cases. For the spouses and children of the Permanent Residents (F2A) category, all countries will have a final action cutoff date set to September 8, 2020, besides Mexico, which will have a final action cutoff date set to November 1, 2018.

State Department Announces Pilot Program for State-Side Visa Renewals

In an effort to address ongoing backlogs and long wait times for visa interviews at some U.S. consular posts outside the United States, including the ongoing significant backlogs at Mission India, the U.S. Department of State announced in an interview with Bloomberg Law, that it will be launching a pilot program later this year offering certain nonimmigrant visa holders the option to renew their visa stamp from within the United States, a process known as “Stateside Visa Revalidation”, which was discontinued in 2004.

While individuals are currently required to travel abroad to renew visa stamps, the pilot program would permit certain H and L visa holders to revalidate their visas from within the United States. While the State Department has yet to release many details about the rollout of the pilot program, they indicated that it could be expanded to other visa categories in the future and is expected to provide additional relief to certain consular posts that continue to experience high demand and continued backlogs following the COVID-19 pandemic.

USCIS Extends Green Card Validity for CPRs with Pending I-751 or I-829 by 48 Months

This week, USCIS announced that it would extend the validity of conditional lawful permanent resident cards for petitioners with timely filed I-751 petitions and I-829 petitions for 48 months beyond the card’s expiration date. This change started on January 11, 2023 for I-829 petitions and will start on January 25, 2023 for I-751 petitions.

USCIS stated that these changes are being made to accommodate protracted processing times for these benefit requests and that it has updated the language in I-751 and I-829 petition receipt notices to extend the validity of these expired green cards by 48 months.

The agency will issue new receipt notices to eligible conditional permanent residents who previously received notices with an extension period shorter than 48 months and whose cases are still pending. These notices can be presented along with an expired green card as evidence of continued status while their case remains pending with USCIS.