As we near the end of the month, attorney Jacob Sapochnick discusses the release of the February 2023 Visa Bulletin and the trends and projected movement you can expect to see in the family-sponsored and employment-based preference categories for the month of February.
If you are interested to know about the cutoff dates and visa availability for the upcoming Visa Bulletin, please keep on watching.
Did you know? Every month the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants can assemble and submit the required documentation to the National Visa Center (for those residing overseas), or USCIS (for those residing in the United States).
The primary purpose of the Visa bulletin is to provide an updated waiting list for immigrants that are subject to the numerical visa quota system.
Overview
USCIS Adjustment of Status Filing Charts for the February Visa Bulletin (for those residing in the USA)
To be eligible to file a family or employment-based adjustment of status application in the month of February (for those residing inside the United States), foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.
For Family-Sponsored Filings:
Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the Dates for Filing chart in the Department of State Visa Bulletin for February 2023 to determine when you can apply for adjustment of status.
For Employment-Based Preference Filings:
All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for February 2023 to determine when you can apply for adjustment of status.
Employment-Based Categories
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
The February 2023 Visa Bulletin shows the following Final Action cutoff dates will apply for the issuance of an immigrant visa or green card for employment-based categories:
- EB-1: All countries remain current, except for India and China, with cutoff dates of February 1, 2022.
- EB-2: EB-2 India will remain at October 8, 2011 and EB-2 China will remain at June 8, 2019. All other countries will remain at November 1, 2022.
- EB-3 Professionals and Skilled Workers: EB-3 India will remain at June 15, 2012, and EB-3 China will remain at August 1, 2018. All other countries will remain current.
- EB–3 Other Workers: EB-3 China will remain at December 22, 2013, and EB-3 India will remain at June 15, 2012. A Final Action cut-off date of June 1, 2020, applies to all other countries.
- EB-4: EB-4 El Salvador, Guatemala, and Honduras will remain at March 15, 2018 and EB-4 Mexico will remain at September 15, 2020. All other countries remain at June 22, 2022.
- EB-5: For the EB-5 Unreserved categories, the Final Action Date for China will remain at March 22, 2015, and Final Action Date for India will remain at November 8, 2019. All other countries will remain current. For the EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure), the Final Action date will remain current for all countries.
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
EL SALVADOR GUATEMALA HONDURAS |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01FEB22 | C | 01FEB22 | C | C |
| 2nd | 01NOV22 | 08JUN19 | 01NOV22 | 08OCT11 | 01NOV22 | 01NOV22 |
| 3rd | C | 01AUG18 | C | 15JUN12 | C | C |
| Other Workers | 01JAN20 | 22DEC13 | 01JAN20 | 15JUN12 | 01JAN20 | 01JAN20 |
| 4th | 22JUN22 | 22JUN22 | 15MAR18 | 22JUN22 | 15SEP20 | 22JUN22 |
| Certain Religious Workers | 22JUN22 | 22JUN22 | 15MAR18 | 22JUN22 | 15SEP20 | 22JUN22 |
| 5th Unreserved (including C5, T5, I5, R5) |
C | 22MAR15 | C | 08NOV19 | C | C |
| 5th Set Aside: Rural (20%) |
C | C | C | C | C | C |
| 5th Set Aside: High Unemployment (10%) |
C | C | C | C | C | C |
| 5th Set Aside: Infrastructure (2%) |
C | C | C | C | C | C |
Final Action Dates for February 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 Professionals Other Workers
- China: December 22, 2013
- India: June 15, 2012
- All other countries: January 1, 2020
EB-4
- El Salvador, Guatemala, Honduras: March 15, 2018
- Mexico: September 15, 2020
- All other countries: June 22, 2022
EB-5 Unreserved (Regional Center and Non-Regional Center)
- China: March 22, 2015
- India: November 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
Please note that for the month of February, the Dates for Filing chart indicates no change in cutoff dates for employment-based categories with the exception of the worldwide EB-3 Other Workers.
Significant retrogressions will take effect in February for all countries in the EB-3 Other Workers Category except for India and China as follows:
The Final Action cutoff date will retrogress by five months to January 1, 2020, and the Dates for Filing cutoff date will retrogress by more than two and a half years to February 1, 2020.
DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s February 2023 Visa Bulletin, the following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
EL SALVADOR GUATEMALA HONDURAS |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01JUN22 | C | 01JUN22 | C | C |
| 2nd | 01DEC22 | 08JUL19 | 01DEC22 | 01MAY12 | 01DEC22 | 01DEC22 |
| 3rd | C | 01SEP18 | C | 01AUG12 | C | C |
| Other Workers | 01FEB20 | 01NOV15 | 01FEB20 | 01AUG12 | 01FEB20 | 01FEB20 |
| 4th | 22JUL22 | 22JUL22 | 15APR18 | 22JUL22 | 15OCT20 | 22JUL22 |
| Certain Religious Workers | 22JUL22 | 22JUL22 | 15APR18 | 22JUL22 | 15OCT20 | 22JUL22 |
| 5th Unreserved (including C5, T5, I5, R5) |
C | 01JAN16 | C | 08DEC19 | C | C |
| 5th Set Aside: (Rural – 20%) |
C | C | C | C | C | C |
| 5th Set Aside: (High Unemployment – 10%) |
C | C | C | C | C | C |
| 5th Set Aside: (Infrastructure – 2%) |
C | C | C | C | C | C |
Dates for Filing for February 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
- Mexico: October 15, 2020
- All Other Countries: July 22, 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
Family-Sponsored Categories
FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s February 2023 Visa Bulletin, the following Final Action cutoff dates will apply for the issuance of an immigrant visa or green card for family-sponsored categories:
*No change from the January 2023 Visa Bulletin except for F-1 Mexico advancing to April 1, 2001, from November 15, 2000
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA-mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 01DEC14 | 01DEC14 | 01DEC14 | 01APR01 | 01MAR12 |
| F2A | C | C | C | C | C |
| F2B | 22SEP15 | 22SEP15 | 22SEP15 | 01JUN01 | 22OCT11 |
| F3 | 22NOV08 | 22NOV08 | 22NOV08 | 01NOV97 | 08JUN02 |
| F4 | 22MAR07 | 22MAR07 | 15SEP05 | 01AUG00 | 22AUG02 |
Final Action Dates for February 2023
F-1 Unmarried Sons and Daughters of U.S. Citizens
- China, India, World: December 1, 2014
- Mexico: April 1, 2001* advancement of 4 months 16 days
- Philippines: March 1, 2012
F-2A Spouses and Children of Permanent Residents
- Current for all countries
F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
- China, India, World: September 22, 2015
- Mexico: June 1, 2001
- Philippines: October 22, 2011
F3 Married Sons and Daughters of U.S. Citizens
- China, India, World: November 22, 2008
- Mexico: November 1, 1997
- Philippines: June 8, 2002
F-4 Brothers and Sisters of Adult U.S. Citizens
- China: March 22, 2007
- India: September 15, 2005
- Mexico: August 1, 2000
- Philippines: August 22, 2002
- World: March 22, 2007
DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s February 2023 Visa Bulletin, the following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories:
*No change from the January 2023 Visa Bulletin
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 08AUG16 | 08AUG16 | 08AUG16 | 01DEC02 | 22APR15 |
| F2A | C | C | C | C | C |
| F2B | 01JAN17 | 01JAN17 | 01JAN17 | 01JAN02 | 01OCT13 |
| F3 | 08NOV09 | 08NOV09 | 08NOV09 | 15JUN01 | 08NOV03 |
| F4 | 15DEC07 | 15DEC07 | 22FEB06 | 01APR01 | 22APR04 |
Dates for Filing February 2023
F-1 Unmarried Sons and Daughters of U.S. Citizens
- China, India, World: August 8, 2016
- Mexico: December 1, 2002
- Philippines: April 22, 2015
F-2A Spouses and Children of Permanent Residents
- Current for all countries
F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
- China, India, World: January 1, 2017
- Mexico: January 1, 2002
- Philippines: October 1, 2013
F3 Married Sons and Daughters of U.S. Citizens
- China, India, World: November 8, 2009
- Mexico: June 15, 2001
- Philippines: November 8, 2003
F-4 Brothers and Sisters of Adult U.S. Citizens
- China, World: December 15, 2007
- India: February 22, 2006
- Mexico: April 1, 2001
- Philippines: April 22, 2004
F2A FAMILY-SPONSORED SECOND PREFERENCE VISA AVAILABILITY
The Visa Bulletin indicates that number use in the F2A category has remained steady throughout FY-2023 which may require DOS to establish an F2A final action date as early as March to keep number use within the annual limit.
Accordingly, if you fall under the F2A category and are eligible to file for your adjustment application or immigrant visa you should take advantage while the F2A category remains current.
The Takeaway
With the exception of the worldwide EB-3 Other Workers employment-based category which has retrogressed to January 1, 2020, in the final action cutoff chart, and February 1, 2020, in the Dates for Filing chart, the employment-based categories have experienced virtually no movement.
The same can be said of the family sponsored categories. No change can be seen from the January 2023 Visa Bulletin except for advancement of the final action cutoff date for the F-1 preference category for Mexico which has advanced to April 1, 2001, from November 15, 2000.
If you are eligible to file a green card in any category, we recommend that you file now due to the uncertainty that applicants may face in upcoming Visa Bulletins.
As Consulates and Embassies return to pre-pandemic operational levels, we hope to see faster movement in the family-based categories. We predict that this will begin occurring in the month of April. The fact that the F-1 preference category has advanced by four months signals some positive movement that may soon also be seen in other categories.
As always, we will continue to monitor the trends and progressions of the Visa Bulletin and report them on our blog.
Questions? If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.
Helpful Links
- February Visa Bulletin
- January Visa Bulletin
- Adjustment of Status Filing Dates from Visa Bulletin
- USCIS Processing Times
- Chats with Charlie YouTube Channel
- Immigrant Visa Backlog Report
- DOS Visa Services Operating Status Update
- ImmigrationLawyerBlog
- ImmigrationU Membership
- Success stories
- Youtube channel
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