The U.S. Department of State, on March 21, 2023, released the April 2023 visa bulletin. In the latest visa bulletin, the final action dates for Employment-Based Second (EB-2) preference category have been retrogressed for individuals from India, Mexico, the Philippines, and all around the world. There has also been a retrogression of the final action dates and the dates for filing in the Employment-Based Fourth (EB-4) preference category and Certain Religious Workers. The dates for filing for the Employment-Based First, Second, Third, and other workers for Individuals from India, China, and all around the world remained the same as that of the March 2023 visa bulletin. Only the dates for filing for the Employment-Based Third for Individuals from China have moved forward.

Most importantly, under the family-sponsored (F2A) category, final action dates have been established to keep the use within the annual limit. For April 2023, F2A numbers Exempt from the per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01NOV18. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO, with priority dates beginning 01NOV18 and earlier than 08SEP20. All F2A numbers provided for MEXICO are exempt from the per-country limit. The Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action dates listed under the Family sponsored categories.

In addition, based on INA standards and expected demand from these countries for family-sponsored and employment-based preference visas, the Department of State is no longer including a separate column covering applicants chargeable to El Salvador, Guatemala, or Honduras in the charts titled “Final Action Dates for Employment-Based Preference Cases” and “Dates for Filing of Employment-Based Visa Applications,” for applicants who are seeking an immigrant visa in the EB-4 category. Final action and filing dates for applicants from these three countries are now provided in the column headed “All Chargeability Areas Except Those Listed.” The Department has submitted for publication a public notice in the Federal Register to explain this change further.

1.     Final Action Dates for Employment-Based Preference Cases

For all employment-based preference categories, one must use the Final Action Dates Chart in the Department of State Visa Bulletin for April 2023. (**Per USCIS)

• C – Means Current.

Please note there are the following Employment Based Green Card Categories:

First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers."

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area, 10% reserved for qualified immigrants who invest in a high unemployment area, and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.

2.      Dates for Filing of Employment-Based Visa Applications

3.     Final Action Dates for Family-Sponsored Preference Cases:

Please note there are the following Family Based Categories:

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

1. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
2. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences. 

4.     Dates for Filing Family-Sponsored Visa Applications:

For all family-sponsored preference categories, one must use the Dates for Filing Chart in the Department of State Visa Bulletin for April 2023. (**Per USCIS)

We regularly update our blog section to acquaint the community with to latest changes in Immigration policies. Please note the information in this blog is for informational purposes only and is not intended to be nor should it be construed as legal advice. We can promptly and efficiently represent clients located anywhere in the US or abroad on US Immigration Policies. If you seek further clarification, don't hesitate to contact SanSha Law Office at [email protected] or call us at 469-777-6161.