United States: June 2023 Visa Bulletin – Most Employment-Based Categories Hold Steady and EB-5 India Retrogresses in June; EB-3 India Retrogression Possible in July
May 12, 2023
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At a Glance
- In June, EB-5 India will retrogress by more than one year to April 1, 2017.
- EB-1 and EB-2 cutoff dates for all countries will remain the same in June.
- EB-3 cutoff dates for all countries and categories will remain the same, except for China “Other Workers,” which will advance modestly.
- The State Department anticipates retrogression for EB-3 India – including Professionals/Skilled Workers – as early as July.
A closer look
According to the State Department’s June 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: 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 January 1, 2011. China will remain at June 8, 2019. All other countries will remain at February 15, 2022.
- EB-3 Professionals and Skilled Workers: India will remain at June 15, 2012, and China will remain at April 1, 2019. All other countries will remain at June 1, 2022.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will retrogress to April 1, 2017. China will remain at September 8, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.
The June Dates for Filing cutoff dates remain unchanged from last month, except for the EB-3 Other Workers category for China, which will advance by two months to January 1, 2016. Relatedly, the Final Action date for EB-3 Other Workers China will advance by four and a half months to September 1, 2015.
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.
Retrogressions
As predicted in the May 2023 Visa Bulletin, due to increased immigrant visa use, the State Department has retrogressed the EB-5 India Final Action cutoff date. The agency now predicts that as early as July 2023, it may be necessary to retrogress the EB-3 India Final Action cutoff dates as well.
Final Action Dates for June 2023
EB-1
China: February 1, 2022
India: February 1, 2022
All other countries: Current
EB-2
China: June 8, 2019
India: January 1, 2011
All other countries: February 15, 2022
EB-3 Professionals and Skilled Workers
China: April 1, 2019
India: June 15, 2012
All other countries: June 1, 2022
EB-3 Other Workers
China: September 1, 2015
India: June 15, 2012
All other countries: January 1, 2020
EB-4
All countries: September 1, 2018
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: September 8, 2015
India: April 1, 2017
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 June 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: June 1, 2019
India: August 1, 2012
All other countries: May 1, 2023
EB-3 Other Workers
China: January 1, 2016
India: August 1, 2012
All other countries: February 1, 2020
EB-4
All other countries: October 1, 2018
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.
