this month for filing applications for adjustment of status with USCIS. Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference. For Employment-Based Preference Filings: For all employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for February 2023. 5. A. C.THE DIVERSITY (DV) IMMIGRANTCATEGORY RANK CUT-OFFSWHICH WILL APPLY IN JANUARY. The State Department is required to make the determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. The year of entitlement for all applicants registered for the DV-2023 program ends as of September 30, 2023. The year of entitlement for all applicants registered for the DV-2023 program ends as of September 30, 2023. E.VISA AVAILABILITY IN THE EMPLOYMENT SECOND CATEGORY. The visa prorating provisions of Section 202 (e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.S. Department of State of the views or products contained therein. If a category is designated current, all applicants in the relevant category may file applications, regardless of priority date. No one country can receive more than seven percent of the available diversity visas in any one year. This is a change from recent predictions. F. FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV, Department of State Publication 9514 When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbersBELOWthe specified allocation cut-off number: Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. 4. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES. A closer look According to the State Department's October Visa Bulletin, final action cutoff dates for issuance of an immigrant visa will be as follows: EB-1: All countries, including China and India, will remain current. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by December8th. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. This will result in reduction of the DV-2023 annual limit to approximately 54,850. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of States National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. Please see December 2022 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): "Final Action Date" is the date when when. If you wish to remain on travel.state.gov, click the "cancel" message. 4. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbersBELOWthe specified allocation cut-off number: Except: Iran 2,500 Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows: First:(F1)Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. Date of Filing Application - Feb 15, 2012. Higher than expected demand in the Employment Fourth category for El Salvador, Guatemala, and Honduras may necessitate corrective action to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Back to Green Card Discussion Forum (I-140) Ask a Lawyer. FINAL ACTION DATES FORFAMILY-SPONSOREDPREFERENCE CASES, On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. Heavy China-mainland born and India demand along with lower visa number availability for FY-2023 as compared to FY-2021 and FY-2022 has made these corrective actions necessary to keep number use within the maximum allowed under the FY-2023 annual limits. Visas issued prior to that date will be valid only until December 15, 2022, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat admitted) into the United States no later than midnight December 15, 2022. The C listing indicates that the category is current, and that applications may be filed regardless of the applicants priority date. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application. Fifth:Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows: First:(F1)Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. Nepal 1,450. "In the October 2022 Visa Bulletin, a final action date and application filing date were established in the Employment Fifth Preference Unreserved (including C5, T5, I5, and R5) category for India to keep number use within the maximum allowed under the FY2023 annual limit. ForSeptember, immigrant numbers in the DV category are available to qualified DV-2022 applicants chargeable to all regions/eligible countries as follows. The dependent area limit is set at 2%, or 7,320. Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The SR category is subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability. com/visa-bulletin/2022/visa . The situation will be continually monitored, and any necessary adjustments made accordingly. Date of Filing (DOF) Filing Action (FA) Predictions . The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. this month for filing applications for adjustment of status with USCIS. B. The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers". If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. ), B. Mr. Charlie Oppenheim, the chief of the visa control unit, provided predictions for the end of the fiscal year 2021 and the fiscal year 2022. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. DATES FOR FILING OF EMPLOYMENT-BASEDVISAAPPLICATIONS. We estimate that both the final action date and the date of filing application will . The year of entitlement for all applicants registered for the DV-2023 program ends as of September 30, 2023. The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. 5. The EB1 category is expected to remain current for all countries of chargeability, while EB2 and EB3 should remain current for all countries other than India and China. Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. DV visas may not be issued to DV-2022 applicants after that date. Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) The H1B Guy Forecasts: March 2022 Visa Bulletin Predictions. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. A. *Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. Fifth:Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Numbers could be exhausted prior to September 30. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of States National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. 1. Your priority date should be before this date. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of States National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES. Country Filters . INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. For Fiscal Year 2022 this reduction will be limited to approximately 150. The worldwide level for annual employment-based preference immigrants is at least 140,000. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by August3rd. Numbers could be exhausted prior to September 30. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Similarly, spouses and children accompanying or following to join DV-2023 principals are only entitled to derivative DV status until September 30, 2023. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Please see August 2023 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. You can estimate your own green card date based on the same AI algorithm which we use for predicting visa bulletins. The most notable change is with India EB2's Final Action Date, which has regressed more than 2 years and 8 months. *Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. DV visa availability through the very end of FY-2023 cannot be taken for granted. If you wish to remain on travel.state.gov, click the "cancel" message. Let's take a deeper dive into the results of the bulletin and what this means for green card hopefuls. E.EXTENSION OF EMPLOYMENT FOURTH PREFERENCE CERTAIN RELIGIOUS WORKERS (SR) CATEGORY. 2. No one country can receive more than seven percent of the available diversity visas in any one year. The fiscal year 2022 limit for employment-based preference immigrants calculated under INA 201 is 281,507. Open App in new Window > Visit the My Green Card Estimate App here. EB-2: China will remain at July 1, 2018, and India will remain at September 1, 2011. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application. ForFebruary, immigrant numbers in the DV category are available to qualified DV-2022 applicants chargeable to all regions/eligible countries as follows. August 2022 Visa Bulletin Predicted Priority Dates for India EB3. Each FB and EB categories has sub categories (F1, F2A, F2B, F3, F4, EB1, EB2, EB3, EB4, EB5) which has its own quota. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. FINAL ACTION DATES FOREMPLOYMENT-BASEDPREFERENCE CASES. Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. 2. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. For Fiscal Year 2022 this reduction will be limited to approximately 150. B. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. Fourth: Certain Special Immigrants: 7.1% of the worldwide level. All F2A numbers provided for MEXICO are exempt from the per-country limit. The SR category is listed as Unavailable for all countries for October. FINAL ACTION DATES FOREMPLOYMENT-BASEDPREFERENCE CASES. ForNovember, immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. H.R. E.VISA AVAILABILITY IN THE EMPLOYMENT FIRST CATEGORY FOR CHINA AND INDIA. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. The visa prorating provisions of Section 202 (e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. Upcoming Visa Bulletin March 2023 USCIS, in coordination with Department of State (State), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. As readers were warned may happen in Item G of the October 2022 Visa Bulletin, high demand in the Employment Fourth category has necessitated the establishment of a worldwide final action date and application filing date for December to hold number use within the maximum allowed under the FY-2023 annual limit. According to the Department of State's March 2022 Visa Bulletin, the following final action cutoff dates will apply for the issuance of an immigrant visa for employment-based categories: EB-1: All countries, including India and China, will remain current. "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. November 2022 Visa Bulletin has been officially released (valid from November 1 to November 30 only). this month for filing applications for adjustment of status with USCIS. DV visas are divided among six geographic regions. The year of entitlement for all applicants registered for the DV-2022 program ends as of September 30, 2022. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES. For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for February 2023. 3. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. 27 Aug 2021 The U.S. Department of State (DOS) recently held its monthly YouTube program with Charlie Oppenheim, Chief of the Visa Control and Reporting Division. This bulletin summarizes the availability of immigrant numbers during Decemberfor: Final Action Dates and Dates for Filing Applications, indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. SCHEDULED EXPIRATION OF EMPLOYMENT FOURTH PREFERENCE CERTAIN RELIGIOUS WORKERS (SR) CATEGORY. DV visas may not be issued to DV-2022 applicants after that date. Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. DATES FOR FILING OF EMPLOYMENT-BASEDVISAAPPLICATIONS. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. The key of our short-term prediction is that there will be no 'forward movement' for F4-All Countries until at least the summer of 2022, and most likely no movement until the end of fiscal year 2022 in September 2022. The remaining 68% are unreserved and are allotted for all other qualified immigrants. Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) F.ESTABLISHMENT OF EMPLOYMENT SECOND PREFERENCE FINAL ACTION AND APPLICATION FILING DATES. 6119, Further Extending Government Funding Act extended the Employment Fourth Preference Certain Religious Workers (SR) category until February 18, 2022. Similarly, spouses and children accompanying or following to join DV-2022 principals are only entitled to derivative DV status until September 30, 2022. Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. Employment-Based Visa Bulletin Cutoff Dates for Last 12 Months Visa Bulletin February 2023 Visa Bulletin January 2023 FINAL ACTION DATES FORFAMILY-SPONSOREDPREFERENCE CASES, On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. If at any time an annual limit were reached, it would be necessary to immediately make the preference category unavailable, and no further requests for numbers would be honored. DV visa availability through the very end of FY-2023 cannot be taken for granted. Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) If you wish to remain on travel.state.gov, click the "cancel" message. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; B. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. DATES FOR FILING OF EMPLOYMENT-BASEDVISAAPPLICATIONS. L. 102-395. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. The SR category is listed as current for all countries for January except El Salvador, Guatemala, and Honduras, which are subject to a March 15, 2019 final action date, and Mexico, which is subject to an April 1, 2020 final action date. Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: A. US Dept of State Work-Sponsored Visa Bulletin Predictions for September 2022 All Charge-ability Areas Except Those Listed Mainland China India Mexico Philippines Need help? FINAL ACTION DATES FORFAMILY-SPONSOREDPREFERENCE CASES, On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of States National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. If at any time an annual limit were reached, it would be necessary to immediately make the preference category unavailable, and no further requests for numbers would be honored. * Note: Dates in red indicate that priority went backwards instead of forwards which is known as retrogression. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. For Fiscal Year 2022 this reduction will be limited to approximately 150. Increased demand and number use in the Employment First category, combined with decreased visa number availability for FY-2023 compared to FY-2022, will most likely necessitate the establishment of final action dates and application filing dates for China and India in the coming months to hold number use within the maximum allowed under the FY-2023 annual limits. Procedures for determining dates. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES. The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date. For January, immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. This will result in reduction of the DV-2023 annual limit to approximately 54,850. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application. Readers were advised in item G of the June 2022 Visa Bulletin that due to steady number use in the F2A category, a final action date might need to be established as early as August. Please see below for more details or click here to view in PDF format. Pursuant to the continuing resolution, the non-minister special immigrant program expires on February 18, 2022. However, higher than expected levels of demand in the Employment First and Employment Second categories has materialized this year, and as a result, fewer additional numbers will be available to India in the Employment Second category than originally estimated when the October and November final action and application filing dates were established. Rachel Shapiro Lawyer, Articles V