May 2023 Visa Bulletin Brings Retrogression in the Final Action Dates for EB-2 and EB-3 Preference Category for Rest of World, Mexico, and Philippines

Posted by Nishu Sharma | Apr 25, 2023 | 0 Comments

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)

Employment-
based

All Chargeability 
Areas Except
Those Listed

CHINA-
mainland 
born

INDIA

MEXICO

PHILIPPINES

1st

C

01FEB22

01FEB22

C

C

2nd

15FEB22

08JUN19

01JAN11

15FEB22

15FEB22

3rd

01JUN22

01APR19

15JUN12

01JUN22

01JUN22

Other Workers

01JAN20

15APR15

15JUN12

01JAN20

01JAN20

4th

01SEP18

01SEP18

01SEP18

01SEP18

01SEP18

Certain Religious Workers

01SEP18

01SEP18

01SEP18

01SEP18

01SEP18

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

C

08SEP15

01JUN18

C

C

5th Set Aside:
Rural (20%)

C

C

C

C

C

5th Set Aside:
High Unemployment (10%)

C

C

C

C

C

5th Set Aside:
Infrastructure (2%)

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.

II.    Dates for Filing of Employment-Based Visa Applications

Employment-
based

All Chargeability 
Areas Except
Those Listed

CHINA-
mainland 
born

INDIA

MEXICO

PHILIPPINES

1st

C

01JUN22

01JUN22

C

C

2nd

01DEC22

08JUL19

01MAY12

01DEC22

01DEC22

3rd

01MAY23

01JUN19

01AUG12

01MAY23

01MAY23

Other Workers

01FEB20

01NOV15

01AUG12

01FEB20

01FEB20

4th

01OCT18

01OCT18

01OCT18

01OCT18

01OCT18

Certain Religious Workers

01OCT18

01OCT18

01OCT18

01OCT18

01OCT18

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

C

01JAN16

08DEC19

C

C

5th Set Aside:
Rural (20%)

C

C

C

C

C

5th Set Aside:
High Unemployment (10%)

C

C

C

C

C

5th Set Aside:
Infrastructure (2%)

C

C

C

C

C

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

Family-
Sponsored 

All Chargeability 
Areas Except
Those Listed

CHINA-mainland 
born

INDIA

MEXICO

PHILIPPINES 

F1

15DEC14

15DEC14

01DEC14

01APR01

01MAR12

F2A

08SEP20

08SEP20

08SEP20

01NOV18

08SEP20

F2B

22SEP15

22SEP15

22SEP15

01JUN01

22OCT11

F3

08DEC08

08DEC08

08DEC08

01NOV97

08JUN02

F4

08APR07

08APR07

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 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)

Family-
Sponsored 

All Chargeability 
Areas Except
Those Listed

CHINA-
mainland 
born

INDIA

MEXICO

PHILIPPINES 

F1

01JAN17

01JAN17

01JAN17

01DEC02

22APR15

F2A

C

C

C

C

C

F2B

01JAN17

01JAN17

01JAN17

01JAN02

01OCT13

F3

08FEB10

08FEB10

08FEB10

15JUN01

08NOV03

F4

01FEB08

01FEB08

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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