The U.S. Department of State, on January 11, 2023, released the February 2023 visa bulletin. In the latest visa bulletin, for Certain Religious Workers preference category, Final Action Dates were introduced.
The final action dates and the dates for filing for the employment-based first, second, third, and fourth preference categories for individuals from India, China, and all around the world remained the same as that of the January 2023 visa bulletin. Also, most importantly, number use in the F2A category has remained steady throughout FY-2023, and it may be necessary to establish an F2A final action dates as early as March to keep number use within the annual limit.
In addition, because of higher-than-expected number use in the Employment Third Preference “Other Workers” (EW) category, most notably amongst applicants with earlier priority dates, has necessitated further retrogressions in the worldwide final action date and application filing date for February to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. Except for China and India, all countries are subject to a final action date of 01JAN20 and an application filing date of 01FEB20.
Furthermore, The Consolidated Appropriations Act, 2023, enacted on December 29, 2022, extended the Employment Fourth Preference Certain Religious Workers (SR) category until September 30, 2023. As indicated in item E of the January 2023 Visa Bulletin, the extension resulted in this category immediately becoming available, subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.
1. Final Action Dates for Employment-Based Preference Cases
Employment- |
All Chargeability |
CHINA- |
EL SALVADOR |
INDIA |
MEXICO |
PHILIPPINES |
1st |
C |
01FEB22 |
C |
01FEB22 |
C |
C |
2nd |
01NOV22 |
08JUN19 |
01NOV22 |
08OCT11 |
01NOV22 |
01NOV22 |
3rd |
C |
01AUG18 |
C |
15JUN12 |
C |
C |
Other Workers |
01JAN20 |
22DEC13 |
01JUN20 |
15JUN12 |
01JAN20 |
01JAN20 |
4th |
22JUN22 |
22JUN22 |
15MAR18 |
22JUN22 |
15SEP20 |
22JUN22 |
Certain Religious Workers |
22JUN22 |
22JUN22 |
15MAR18 |
22JUN22 |
15SEP20 |
22JUN22 |
5th Unreserved |
C |
22MAR15 |
C |
08NOV19 |
C |
C |
5th Set Aside: |
C |
C |
C |
C |
C |
C |
5th Set Aside: |
C |
C |
C |
C |
C |
C |
5th Set Aside: |
C |
C |
C |
C |
C |
C |
- 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
For all employment-based preference categories, one must use the Dates for Filing Chart in the Department of State Visa Bulletin for February 2023. (**Per USCIS)
Employment- |
All Chargeability |
CHINA- |
EL SALVADOR |
INDIA |
MEXICO |
PHILIPPINES |
1st |
C |
01JUN22 |
C |
01JUN22 |
C |
C |
2nd |
01DEC22 |
08JUL19 |
01DEC22 |
01MAY12 |
01DEC22 |
01DEC22 |
3rd |
C |
01SEP18 |
C |
01AUG12 |
C |
C |
Other Workers |
01FEB20 |
01NOV15 |
01FEB20 |
01AUG12 |
01FEB20 |
01FEB20 |
4th |
22JUL22 |
22JUL22 |
15APR18 |
22JUL22 |
15OCT20 |
22JUL22 |
Certain Religious Workers |
22JUL22 |
22JUL22 |
15APR18 |
22JUL22 |
15OCT20 |
22JUL22 |
5th Unreserved |
C |
01JAN16 |
C |
08DEC19 |
C |
C |
5th Set Aside: |
C |
C |
C |
C |
C |
C |
5th Set Aside: |
C |
C |
C |
C |
C |
C |
5th Set Aside: |
C |
C |
C |
C |
C |
C |
3. Final Action Dates for Family-Sponsored Preference Cases:
For all family-sponsored preference categories, one must use the Dates for Filing Chart in the Department of State Visa Bulletin for February 2023. (**Per USCIS)
Family- |
All Chargeability |
CHINA-mainland |
INDIA |
MEXICO |
PHILIPPINES |
F1 |
01DEC14 |
01DEC14 |
01DEC14 |
01APR01 |
01MAR12 |
F2A |
C |
C |
C |
C |
C |
F2B |
22SEP15 |
22SEP15 |
22SEP15 |
01JUN01 |
22OCT11 |
F3 |
22NOV08 |
22NOV08 |
22NOV08 |
01NOV97 |
08JUN02 |
F4 |
22MAR07 |
22MAR07 |
15SEP05 |
01AUG00 |
22AUG02 |
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:
- (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
- (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 the first three preferences.
4. Dates for Filing Family-Sponsored Visa Applications:
Family- |
All Chargeability |
CHINA- |
INDIA |
MEXICO |
PHILIPPINES |
F1 |
08AUG16 |
08AUG16 |
08AUG16 |
01DEC02 |
22APR15 |
F2A |
C |
C |
C |
C |
C |
F2B |
01JAN17 |
01JAN17 |
01JAN17 |
01JAN02 |
01OCT13 |
F3 |
08NOV09 |
08NOV09 |
08NOV09 |
15JUN01 |
08NOV03 |
F4 |
15DEC07 |
15DEC07 |
22FEB06 |
01APR01 |
22APR04 |
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.
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