United States: December Visa Bulletin – Slight Movement for China EB-2 and EB-3, No Change in Remaining Employment-Based Categories; USCIS to Honor Dates for Filing in December
November 9, 2023
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At a Glance
- In December, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s December 2023 Visa Bulletin.
- The Dates for Filing for all employment-based categories will remain unchanged.
- The EB-2 and EB-3 Final Action Dates for China will advance by three weeks to October 22, 2019 and January 22, 2020, respectively. The Final Action Dates for all remaining employment-based categories will remain unchanged.
A closer look
According to the State Department’s December Visa Bulletin, Final Action cutoff dates for issuance of an immigrant visa or approval of an adjustment of status application will be as follows:
- EB-1: The EB-1 Final Action Dates for India and China will remain at January 1, 2017 and February 15, 2022, respectively. All other countries will continue to be current.
- EB-2: The EB-2 Final Action Date for India will remain at January 1, 2012, and China will advance by three weeks to October 22, 2019. All other countries will remain the same.
- EB-3 Professionals and Skilled Workers: The EB-3 Professional/Skilled Worker Final Action Date for India will remain at May 1, 2012, and China will advance by three weeks to January 22, 2020. All other countries will remain at December 1, 2021.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will remain at December 15, 2018, and China will remain at October 1, 2015. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.
USCIS has announced on its own Visa Bulletin web page that the agency will accept adjustment of status applications based on the Dates for Filing chart in December. To be eligible to file an employment-based adjustment of status application next month, foreign nationals must have a priority date that is earlier than the Date for Filing listed below for their preference category and country. The December Dates for Filing Chart contains no changes from the prior month’s Dates for Filing chart.
Expiration of EB-4 Non-Minister Religious Worker Program
The EB-4 Non-Minister Religious Worker Program is set to expire on November 17, 2023. If there is no legislative action extending the category beyond that date, the category will become “unavailable” in the Final Action date chart as of November 17, and no immigrant visas or adjustment of status applications can be approved under the category until a reauthorization is passed. If extended, the category will be subject to the January 1, 2019 Final Action dates in the other employment-based fourth preference categories.
Dates for Filing for December 2023
EB-1
China: August 1, 2022
India: July 1, 2019
All other countries: Current
EB-2
China: January 1, 2020
India: May 15, 2012
All other countries: January 1, 2023
EB-3 Professionals and Skilled Workers
China: September 1, 2020
India: August 1, 2012
Philippines: January 1, 2023
All other countries: February 1, 2023
EB-3 Other Workers
China: June 1, 2017
India: August 1, 2012
Philippines: May 15, 2020
All other countries: December 15, 2020
EB-4
All countries: March 1, 2019
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: January 1, 2017
India: April 1, 2022
All other countries: Current
EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries
Final Action Dates for December 2023
EB-1
China: February 15, 2022
India: January 1, 2017
All other countries: Current
EB-2
China: October 22, 2019
India: January 1, 2012
All other countries: July 15, 2022
EB-3 Professionals and Skilled Workers
China: January 22, 2020
India: May 1, 2012
All other countries: December 1, 2021
EB-3 Other Workers
China: January 1, 2016
India: May 1, 2012
Philippines: May 1, 2020
All other countries: August 1, 2020
EB-4
All countries: January 1, 2019*
*The EB-4 Non-Minister Religious Worker program will become unavailable for all countries on November 17, 2023, unless it is reauthorized by legislation.
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: October 1, 2015
India: December 15, 2018
All other countries: Current
EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
