United States: May 2023 Visa Bulletin – EB-2 and EB-3 Retrogression for All Countries, Except China and India; EB-3 China Advances; and in Coming Months, EB-1, EB-2, and EB-5 for India and EB-1 China Likely to Retrogress
April 13, 2023
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At a glance
- Next month, EB-1 India and China will maintain their Final Action cutoff date of February 1, 2022, and Dates for Filing cutoff date of June 1, 2022.
- The EB-2 India Final Action and Dates for Filing cutoff dates will remain at January 1, 2011, and May 1, 2012, respectively.
- The EB-2 Final Action cutoff date for all countries except India and China will retrogress by four and a half months to February 15, 2022. Their Dates for Filing cutoff date will remain at December 1, 2022.
- The EB-3 China Professional/Skilled Worker category will advance by five months to April 1, 2019 for Final Action, and by four months to June 1, 2019 for Dates for Filing.
- The EB-3 India Professional/Skilled Worker Final Action date will remain at June 15, 2012, and the Dates for Filing cutoff will remain at August 1, 2012.
- The State Department anticipates retrogressions for EB-1 India and China in the coming months and for EB-2 and EB-5 India as early as June.
A closer look
According to the State Department’s May 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 retrogress by four and a half months to February 15, 2022.
- EB-3 Professionals and Skilled Workers: India will remain at June 15, 2012, and China will advance by five months to April 1, 2019. All other countries will be newly subject to a Final Action Date, set at June 1, 2022.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), China will advance by two months to September 8, 2015 and India cutoff dates will remain at June 1, 2018. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.
The May Dates for Filing chart shows a four-month advancement for EB-3 Professional/Skilled Workers for China, to June 1, 2019, and an EB-3 Professional/Skilled Workers retrogression for all remaining countries except India to May 1, 2023. All other Dates for Filing remain unchanged from last month.
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 March 2023 Visa Bulletin, due to increased demand, the State Department has established an EB-3 Professional/Skilled Workers Worldwide Final Action cutoff date and has further retrogressed the EB-2 Worldwide category.
Visa availability projections
In the May Visa Bulletin, the State Department projects that as early as June, retrogression will be necessary in the EB-2 India and EB-5 India categories due to high demand. According to the agency, every effort will be made in October 2023 to return Final Action Dates for these categories to at least their April dates.
The May Bulletin also states that Final Action Dates for EB-1 India and China will most likely need to be retrogressed in the coming months as a result of increased EB-1 use from other countries, and that that there will likely need to be retrogression in the EB-3 Other Worker category for all countries except China and India.
Final Action Dates for May 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: April 15, 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: 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
Dates for Filing for May 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: November 1, 2015
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.
