January 2023 Visa Bulletin Introduces Final Action and Dates for Filing for the first preference category for China and India

Posted by Nishu Sharma | Dec 21, 2022 | 0 Comments

The U.S. Department of State, on December 19, 2022, released the January 2023 visa bulletin. In the latest visa bulletin, for the employment-based first preference category for China and India, the final action dates and dates for filing have been introduced. Also, for employment fourth preference certain religious workers (SR) category, no SR visas may be issued overseas, or final action taken on adjustment of status cases after midnight December 22, 2022. Visas issued prior to that date will be valid only until December 22, 2022, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat admitted) into the United States no later than midnight December 22, 2022. The final action date for employment fourth preference category has been listed as “Unavailable” for January. Accordingly, if there is legislative action extending this category, it would immediately become available, subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability. The final action and dates for filing for the employment-based fifth preference unreserved category for individuals from India and China have remained the same as that of the December 2022 visa bulletin.

1.    Final Action Dates for Employment-Based Preference Cases

Employment-
based

All Chargeability 
Areas Except
Those Listed

CHINA-
mainland 
born

EL SALVADOR
GUATEMALA
HONDURAS

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

01JUN20

22DEC13

01JUN20

15JUN12

01JUN20

01JUN20

4th

22JUN22

22JUN22

15MAR18

22JUN22

15SEP20

22JUN22

Certain Religious Workers

U

U

U

U

U

U

5th Unreserved
(including C5, T5, I5, R5)

C

22MAR15

C

08NOV19

C

C

5th Set Aside:
Rural (20%)

C

C

C

C

C

C

5th Set Aside:
High Unemployment (10%)

C

C

C

C

C

C

5th Set Aside:
Infrastructure (2%)

C

C

C

C

C

C

  • C – Means Current.
  • U- Means Unauthorized, i.e., numbers are not authorized for issuance.

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 January 2023. (**Per USCIS)

Employment-
based

All Chargeability 
Areas Except
Those Listed

CHINA-
mainland 
born

EL SALVADOR
GUATEMALA
HONDURAS

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

08SEP22

01NOV15

08SEP22

01AUG12

08SEP22

08SEP22

4th

22JUL22

22JUL22

15APR18

22JUL22

15OCT20

22JUL22

Certain Religious Workers

22JUL22

22JUL22

15APR18

22JUL22

15OCT20

22JUL22

5th Unreserved
(including C5, T5, I5, R5)

C

01JAN16

C

08DEC19

C

C

5th Set Aside:
Rural (20%)

C

C

C

C

C

C

5th Set Aside:
High Unemployment (10%)

C

C

C

C

C

C

5th Set Aside:
Infrastructure (2%)

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 January 2023. (**Per USCIS)

Family-
Sponsored 

All Chargeability 
Areas Except
Those Listed

CHINA-mainland 
born

INDIA

MEXICO

PHILIPPINES 

F1

01DEC14

01DEC14

01DEC14

15NOV00

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:

  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:

Family-
Sponsored 

All Chargeability 
Areas Except
Those Listed

CHINA-
mainland 
born

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.

About the Author

Nishu Sharma

Ms Nishu Sharma is the founder and Managing Attorney of SanSha Law Offices PLLC. It was founded on the principle and commitment to serve the people with the best service that we can provide. The firm has served clients from Texas and other states of the US. She has handled all kinds of complex im...

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