United States: January 2023 Visa Bulletin – EB-1 India and China Retrogress, Other Employment-Based Categories Hold Steady
December 19, 2022
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At a glance
- Next month, EB-1 India and EB-1 China will have a Final Action cutoff date of February 1, 2022, and a Date for Filing cutoff date of June 1, 2022.
- The EB-2 India Final Action date will remain at October 8, 2011. The EB-2 India Date for Filing cutoff will remain at May 1, 2012.
- The EB-3 India Professional/Skilled Worker Final Action date will remain at June 15, 2012, and the Date for Filing cutoff will remain at August 1, 2012.
- The EB-3 China Professional/Skilled Worker category will remain at August 1, 2018 for Final Action, and September 1, 2018 for the Date for Filing.
A closer look
According to the State Department’s January Visa Bulletin, Final Action cutoff dates for issuance of an immigrant visa will be as follows:
- EB-1: All countries will remain current, except for India and China, which will have a cutoff date of February 1, 2022.
- EB-2: India will remain at October 8, 2011. China will remain at June 8, 2019. All other countries will remain at November 1, 2022.
- EB-3 Professionals and Skilled Workers: India will remain at June 15, 2012, and China will remain at August 1, 2018. All other countries will remain current.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), the China and India cutoff dates will remain at March 22, 2015 and November 8, 2019, respectively, and all other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.
In the coming days, USCIS is expected to announce on its own Visa Bulletin web page the cutoff dates for acceptance of adjustment of status applications next month. That announcement will clarify whether USCIS will accept adjustment of status applications based on the Final Action Dates chart or the Dates for Filing chart.
EB-1 China and India retrogression
As projected as possible in the December Visa Bulletin, the January Visa Bulletin imposes cutoff dates for EB-1 India and China in order to hold immigrant visa number use in these categories within the maximum allowed under the FY 2023 annual limit.
Final Action Dates for January 2023
EB-1
China: February 1, 2022
India: February 1, 2022
All other countries: Current
EB-2
China: June 8, 2019
India: October 8, 2011
All other countries: November 1, 2022
EB-3 Professionals and Skilled Workers
China: August 1, 2018
India: June 15, 2012
All other countries: Current
EB-3 Other Workers
China: December 22, 2013
India: June 15, 2012
All other countries: June 1, 2020
EB-4*
El Salvador, Guatemala, Honduras: March 15, 2018
Mexico: September 15, 2020
All other countries: June 22, 2022
*If there is no legislative action extending the EB-4 Certain Religious Workers category beyond December 23, 2022, the category will become “unavailable” thereafter.
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: March 22, 2015
India: November 8, 2019
All other countries: Current
EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries
Dates for Filing for January 2023
EB-1
China: June 1, 2022
India: June 1, 2022
All other countries: Current
EB-2
China: July 8, 2019
India: May 1, 2012
All other countries: December 1, 2022
EB-3 Professionals and Skilled Workers
China: September 1, 2018
India: August 1, 2012
All other countries: Current
EB-3 Other Workers
China: November 1, 2015
India: August 1, 2012
All other countries: September 8, 2022
EB-4*
El Salvador, Guatemala, Honduras: April 15, 2018
Mexico: October 15, 2020
All other countries: July 22, 2022
*If there is no legislative action extending the EB-4 Certain Religious Workers category beyond December 23, 2022, the category will become “unavailable” thereafter.
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: January 1, 2016
India: December 8, 2019
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.
