No Further Movement of the Priority Dates in the March 2023 Visa Bulletin but Possibility of Retrogression in the Coming Months

Posted by Nishu Sharma | Feb 15, 2023 | 0 Comments

The U.S. Department of State, on February 09, 2023, released the March 2023 visa bulletin. In the latest visa bulletin, the priority dates have remained the same. There has been a retrogression of the priority dates in the Employment-Based Fourth (EB-4) preference category.

The final action dates and the dates for filing for the Employment-Based First, Second, Third (except other workers), and Fourth preference categories for individuals from India, China, and all around the world remained the same as that of the February 2023 visa bulletin. However, due to the higher-than-expected number use and demand, the priority date for the Employment-Based Second preference category might retrogress in the coming months to hold green card number use within the maximum allowed under the Fiscal Year 2023 annual limit.

Furthermore, the increased demand in the Employment-Based Third (EB-3) Preference category may necessitate establishing a worldwide final action date (including Mexico and the Philippines) in the coming months to hold the number use within the maximum allowed under the Fiscal Year 2023 annual limit. In addition, Further Retrogression of the Employment-Based Fifth (EB-5) Preference category Final Action Date for India is possible in the coming months.

Moreover, as previously stated, 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 date as early as April to keep number use within the annual limit.

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

01JAN20

01JUL14

01JAN20

15JUN12

01JAN20

01JAN20

4th

01FEB22

01FEB22

15MAR18

01MAR21

01AUG20

01FEB22

Certain Religious Workers

01FEB22

01FEB22

15MAR18

01MAR21

01AUG20

01FEB22

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

C

08JUL15

C

01JUN18

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.

Please note, there are 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 March 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

01FEB20

01NOV15

01FEB20

01AUG12

01FEB20

01FEB20

4th

01MAR22

01MAR22

15APR18

01APR21

01SEP20

01MAR22

Certain Religious Workers

01MAR22

01MAR22

15APR18

01APR21

01SEP20

01MAR22

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 March 2023. (**Per USCIS)

Family-
Sponsored 

All Chargeability 
Areas Except
Those Listed

CHINA-mainland 
born

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:

  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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