Introduction
The Visa Bulletin, released every month, contains important information for prospective immigrants, particularly those seeking employment-based visas. The Department of State (DOS) has now released the eagerly awaited October 2023 visa bulletin.
Background
Prior to October 2023, USCIS directed employment-based visa applicants to use the “Final Action Date Chart” to determine their eligibility for visa issuance. This chart provided information on the priority dates for different categories and countries. However, with the release of the October 2023 Visa Bulletin, USCIS is allowing applicants to use the “Filing Date Chart,” for the month of October. This decision has important implications for individuals waiting to obtain employment-based visas.
Impact on Different Categories
First Preference (EB-1)
The all-other country category, Mexico, and Philippines previously had a cutoff date of August 1, 2023, however both filing date and final action date charts now show as Current.
China’s final action advances ever so slightly from February 1, 2022, to February 15, 2022, but the filing date chart shows a cutoff date of August 1, 2022.
India, whose cutoff date had previously retrogressed to January 1, 2012, now has a final action date of January 1, 2017, but the filing date chart allows applicants to file early based on a cutoff date of July 1, 2019.
Second Preference (EB-2)
The all-other country category, Mexico, and Philippines had a cutoff date of July 1, 2022, and this only advances by 7 days to July 8, 2022. However, the filing date chart shows a cutoff date of January 1, 2023.
For China, the final action date advances from July 8, 2019, to October 1, 2019, on the final action date chart and shows a cutoff date of January 1, 2020, on the filing date chart.
India experienced a notable change, with the final action date moving from January 1, 2011, to January 1, 2012, and shows a filing date cutoff of May 15, 2012.
Third Preference (EB-3)
The final action date for the all-other country category, Mexico, and Philippines advances from May 1, 2020, until December 1, 2021. However, the filing date cutoff is February 1, 2023, for all other countries and Mexico and January 1, 2023 for Philippines.
China’s final action date advances from September 1, 2019, until January 1, 2020, with a filing date cutoff of September 1, 2020.
India’s final action date advances more than 3 years from January 1, 2009, until May 1, 2012. Filing date cutoff is August 1, 2012. This is the most significant movement in October’s visa bulletin.
Fifth Preference (EB-5) Unreserved
For EB-5 unreserved categories, China’s final action date advances from September 8, 2015, to October 1, 2015, with a filing date cutoff date of January 1, 2017.
India’s final action date advances from April 1, 2017, to December 15, 2018, with a filing date cutoff date of April 1, 2022.
Using the Filing Date Chart
USCIS’s decision to allow applicants to use the filing date chart for October 2023 provides several benefits. It means that individuals in certain employment-based categories will be able to file their adjustment of status applications earlier than expected.
Conclusion
October 2023 Visa Bulletin brings both good news and opportunities for employment-based visa applicants, however some of the dates did not advance as much as we had hoped. India EB-2 and EB-3 remain heavily backlogged although we are happy to see significant movement for EB-3 finally. Further date movements will be very much dependent on visa demand and issuance throughout FY 2024. If you have any questions about the new visa bulletin, please do not hesitate to contact us.