United States: March 2023 Visa Bulletin – Main Employment-Based Categories Hold Steady; USCIS to Accept Employment-Based Adjustment Applications Based on Dates for Filing
February 14, 2023
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At a glance
- In March, USCIS will continue to accept adjustment of status applications based on the monthly Visa Bulletin’s Dates for Filing Chart, rather than the Final Action Dates Chart.
- The Dates for Filing and Final Action Dates for the EB-1, EB-2, and EB-3 Professional/Skilled Worker categories will remain unchanged in March.
- The Department of State’s March Visa Bulletin raises the possibility that a worldwide cutoff date for the EB-3 Professional/Skilled Worker category may need to be established at some point in the coming months.
A closer look
USCIS has announced that next month it will accept employment-based adjustment of status applications with priority dates that are earlier than the Dates for Filing listed in the Department of State’s March Visa Bulletin.
According to the State Department’s March Visa Bulletin, the employment-based Dates for Filing – which will determine whether an adjustment of status application can be filed with USCIS in March – will be as follows:
- EB-1: All countries will remain current, except for India and China, which will have a cutoff date of June 1, 2022.
- EB-2: India will remain at May 1, 2012. China will remain at July 8, 2019. All other countries will remain at December 1, 2022.
- EB-3 Professionals and Skilled Workers: India will remain at August 1, 2012, and China will remain at September 1, 2018. All other countries will remain current.
- EB-3 Other Workers: India will remain at August 1, 2012. China will remain at November 1, 2015. All other countries will remain at February 1, 2020.
- EB-4: El Salvador, Guatemala, and Honduras will remain at April 15, 2018. India will retrogress over one year, to April 1, 2021, Mexico will retrogress six weeks, to September 1, 2020, and all other countries will retrogress over four months, to March 1, 2022.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), China will remain at January 1, 2016, India will remain at December 8, 2019, and all other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will also remain current.
The employment-based Final Action cutoff dates – which will determine whether an adjustment of status or immigrant visa application can be approved in March – 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-3 Other Workers: China will advance by over six months, to July 1, 2014. India will remain at June 15, 2012, and all other countries will remain at January 1, 2020.
- EB-4: El Salvador, Guatemala, and Honduras will remain at March 15, 2018. India will retrogress over one year, to March 1, 2021, Mexico will retrogress six weeks, to August 1, 2020, and all other countries will retrogress over four months, to February 1, 2022.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), China will advance over three months, to July 8, 2015, India will retrogress by over 17 months, to June 1, 2018, and all other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will also remain current.
Possible future corrective action in the EB-2 and EB-3 categories
The State Department’s March Visa Bulletin reports increased demand in the EB-2 and EB-3 categories, which may necessitate corrective action in the EB-2 category and possible imposition of a worldwide Final Action date cutoff in the EB-3 Professional/Skilled Worker category in the coming months. The State Department has indicated that it will continue to monitor the situation and make any necessary adjustments in the cutoff dates as the fiscal year progresses.
Dates for Filing for March 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: February 1, 2020
EB-4
El Salvador, Guatemala, Honduras: April 15, 2018
India: April 1, 2021
Mexico: September 1, 2020
All other countries: March 1, 2022
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
Final Action Dates for March 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: July 1, 2014
India: June 15, 2012
All other countries: January 1, 2020
EB-4
El Salvador, Guatemala, Honduras: March 15, 2018
India: March 1, 2021
Mexico: August 1, 2020
All other countries: February 1, 2022
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: July 8, 2015
India: June 1, 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.
