USCIS News: February 2023 Visa Bulletin with Jacob Sapochnick

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.

USCIS February 2023 Adjustment of Status Filing Charts

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.

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