immigration law, you might consider this overview I have previously written which is a high level summary of U.S. This post attempts to explain the January 2023 Visa Bulletin and anticipate how dates will move (or not move) in the coming months. But ironically, the cut-off dates appear to be the result of USCIS being MORE efficient at processing pending EB I-485 applications. Overall, the January 2023 Visa Bulletin is not good for those trying to immigrate. The January 2023 Visa Bulletin does create a new a cut-off date for EB-1 India/China. The January 2023 Visa Bulletin shows no change versus the December 2022 Visa Bulletin in the cut-off dates for EB-2 India, EB-3 India, or EB-2 Rest of World (ROW).

įor January 2023, USCIS has indicated it will honor “Chart B” which is the more favorable chart for purposes of EB immigration. The USCIS filing charts can be found here. Thus, understanding ‘which chart’ USCIS will use is particularly important for foreign nationals seeking to file their I-485 applications. consulate, most EB immigrants are already in the United States in another temporary visa status and seek to complete the immigration process through the I-485 adjustment of status application. Whereas most FB immigrants complete the immigration process through a U.S. The graphic above is my creation and shows the cut-off dates over time for key categories, going back to October 2020 - the first month of fiscal year 2021. immigration programs, including Family-Based (FB) and Employment-Based (EB) immigration.Įach month the Visa Bulletin provides two separate charts for FB and two separate charts for EB categories, and then separately and subsequently USCIS - a different agency with its own leadership and priorities - USCIS will issue its own guidance to say which Visa Bulletin chart USCIS will honor for a given month, for purposes of I-485 final stage green card processing. The January 2023 Visa Bulletin has been issued.įor those not familiar, the Visa Bulletin provides the public with information on who is eligible to process for a green card through various U.S. Important information for employers is also available via the firm’s webinar and podcast programs.Thank you for reading my newsletter! We are up to over 2,600 subscribers. Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to these and other policy changes and will post updates on the Immigration blog as additional information becomes available. USCIS will accept adjustment-of-status applications based on the Dates for Filing Chart, which is normally earlier than the Final Action Dates Chart. Since October 1, 2022, is the beginning of the government’s 2023 fiscal year, the annual supply of immigrant visas will be at its peak. It appears that USCIS has used nearly all available employment-based immigrant visas for FY 2022 and will have exhausted the supply of visas by the end of the month.įurther, as many expected, USCIS announced that it would shift to accepting adjustment-of-status applications based on the October 2022 Visa Bulletin Dates for Filing Chart, rather than the Final Action Dates Chart.

It is worth noting that USCIS recently confirmed that as of September 6, 2022, there were “no visas remaining for applicants from any country of chargeability” in the EB-1 or EB-2 categories. The increase in demand, along with the lower number of employment-based visas expected to be available in FY 2023, triggered significant retrogression in the China EB-5 “Unreserved” category and the imposition of a final action cut-off date for the previously current India EB-5 “Unreserved” category. consulates abroad, and increased demand in the India EB-5 “Unreserved” category. The State Department also reported heavy demand in the China EB-5 “Unreserved” category, especially for immigrant visa issuance at U.S. The increased demand, coupled with the lower visa availability projected for the India EB-2 category for FY 2023, prompted the retrogression in an effort to keep visa use within the maximum allowed under the FY 2023 annual limits. The October Visa Bulletin shows that the EB-2 India Date for Filing will retrogress by more than two years, from December 1, 2014, to May 1, 2012.Īccording to the State Department, in fiscal year (FY) 2022 the agency made rapid forward movement with regard to the EB-2 cut-off dates for India to maximize the allocated immigrant visa numbers, which resulted in increased applications in this category. Department of State has released the October 2022 Visa Bulletin, which shows significant retrogression in the employment-based second preference (EB-2) category for individuals born in India.

Will eb2 india move forward