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

• 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)

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)

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:

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.