The U.S. Department of State, on April 07, 2023, released the May 2023 visa bulletin. The latest visa bulletin establishes the EB-3 final action date of 01JUN22 & EB-2 final action date of 15FEB22 for the Rest of the World, Mexico, and the Philippines.

The U.S. Department of State warned that Increased rest-of-world demand and the number used in EB-1 would most likely necessitate retrogression in the final action dates for China and India in the coming months to hold the number used within the maximum allowed under the FY-2023 annual limits. 

Also, according to the U.S. Department of State, it will be necessary to retrogress the India Employment Second Preference and Employment Fifth Preference final action dates as early as next month to keep visa issuances within their annual per-country limit. And every effort will be made in October 2023 to return the final action dates to at least the final action dates announced for April 2023.

For May 2023, F2A numbers EXEMPT from 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.

I.    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 May 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.

II.    Dates for Filing of Employment-Based Visa Applications

III.    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 the first three preferences.

IV.    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 May 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.