January 2023 Visa Bulletin Brings Retrogression in the New Year

The Department of State released the January 2023 Visa Bulletin.

• As predicted, the EB-1 category for China and India has retrogressed.
• The Final Action dates and Dates for Filing for Worldwide, Indian and Chinese nationals in the EB-2 and EB-3 categories held steady.
• USCIS confirmed that it will follow the Dates for Filingchart published on the January 2023 Visa Bulletin for purposes of eligibility to file adjustment of status applications.

EMPLOYMENT-BASED DATES FOR FILING FOR ADJUSTMENT OF STATUS APPLICATIONS

The January 2023 Dates for Filing for the employment-based preference categories are as follows:

EB-1, First Preference Category

• Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) remains current for all countries except for China and India.
• China: The cut-off Date for Filing is June 1, 2022.
• India: The cut-off Date for Filing is June 1, 2022.

EB-2, Second Preference Category

• The Worldwide cut-off Date for Filing of December 1, 2022 held steady.
• China: The cut-off Date for Filingremains July 8, 2019.
• India:  The cut-off Date for Filingremains May 1, 2012.

EB-3, Third Preference Category (Skilled Workers)

• Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) remains current in January.
• China’s cut-off Date for Filing held steady at September 1, 2018.
• India’s cut-off Date for Filing held steady at August 1, 2012.

Individuals with a priority date that is either “current” or before the published cut-off date may file an adjustment of status application based on the dates outlined above.

EMPLOYMENT-BASED FINAL ACTION DATES

While an individual may file an adjustment of status application in January using the dates for filing summarized above, an individual’s green card application may not be approved until the priority date is available under the Final Action Dates, also posted on the January 2023 Visa Bulletin. The final action dates may differ significantly from the dates for filing, depending on the preference category and country of birth. The January 2023 Final Action Dates are as follows:

EB-1, First Preference Category

• Worldwide (all countries except China and India): Current
• China: February 1, 2022
• India: February 1, 2022

EB-2, Second Preference Category

• Worldwide (all countries except China and India): steady at November 1, 2022
• China: steady at June 8, 2019
• India:  steady at October 8, 2011

EB-3 Third Preference Category (Skilled Workers)

• Worldwide (all countries except China and India): Current
• China: steady at August 1, 2018
• India: stead at June 15, 2012

EXPECTATIONS FOR THE NEW YEAR

As forecasted in our Fiscal Year 2023 visa availability analysis, we are now seeing the retrogression for Indian and Chinese nationals in the EB-1 category. To date, there has not been further retrogression for Chinese and Indian nationals in the EB-2 and EB-3 categories, as the Dates for Filing and Final Action Dates remain the same.  However, the Department of State will continue to monitor the demand for visas in these categories, and make adjustments accordingly in the  months ahead.

For additional information about the Visa Bulletin or immigration matter generally, please contact your designated Gibney representative or email info@gibney.com.

The author wishes to thank Law Clerk Jesse Wang for his contributions to this alert.