The U.S. Department of State, on September 08, 2023, released the October 2023 visa bulletin. The latest visa bulletin contains notes on final action dates and dates for filing; it also contains notes on the scheduled expiration for EB-4 and employment-based visa availability for FY024.

Final action dates across most employment-based visa categories have advanced, reflecting new visa numbers available for FY-2024.  Date advancements reflect an intention to keep visa issuance within quarterly limits in accordance with INA sections 201(a)(2) and 203(g), with potential date advancements throughout the fiscal year.  However, actual date movements will be dependent on visa demand and issuance patterns throughout FY-2024.

For October, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01FEB19. SUBJECT to per-country limit is authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO, with priority dates beginning 01FEB19 and earlier than 08FEB19. All F2A numbers provided for MEXICO are exempt from the per-country limit.

For October, immigrant numbers in the DV category are available to qualified DV-2024 applicants, chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number. Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2024 program ends as of September 30, 2024. DV visas may not be issued to DV-2024 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2024 principals are only entitled to derivative DV status until September 30, 2024. DV visa availability through the very end of FY-2024 cannot be taken for granted. Numbers could be exhausted prior to September 30.

The Consolidated Appropriations Act, 2023, enacted on December 29, 2022, extended the Employment Fourth Preference Certain Religious Workers (SR) category until September 30, 2023.  No SR visas may be issued overseas, or final action taken on adjustment of status cases after midnight September 29, 2023.  Visas issued prior to that date will be valid only until September 29, 2023, 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 September 29, 2023. The SR category is listed as “Unavailable” for all countries for October.  In the event there is legislative action extending the category, it is likely it will become available effective immediately. If extended, the category will be subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.

1.   Final Action Dates for Employment-Based Preference Cases

For all employment-based preference categories, one must use the Dates for Filing Chart in the Department of State Visa Bulletin for October 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.

2.   Dates for Filing of Employment-Based Visa Applications

3.   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.

4.   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 October 2023. (**Per USCIS)

5.   Diversity Immigrant (DV) Category For the Month of October:

We regularly update our blog section to acquaint the community with the 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.