TheDepartment of State just issued the July 2023 Visa Bulletin. This blog postanalyzes this month’s Visa Bulletin.
VisaBulletin
Table A: Final Action Dates — Applicationswith these dates may be approved for their Green Card (Permanent Residencycard) or Immigrant Visa appointment.
|
EB |
All Other |
CHINA |
INDIA |
PHILIPPINES |
|
EB-1 |
C |
01FEB22 |
01FEB22 |
C |
|
EB-2 |
15FEB22 |
08JUN19 |
01JAN11 |
15FEB22 |
|
EB-3 |
01FEB22 |
01APR19 |
01JAN09 |
01FEB22 |
|
Other workers |
01JAN20 |
01SEP15 |
01JAN09 |
01JAN20 |
USCIS
The USCIS isexpected to use Table A: Final Action Dates chart for I-485 employment-basedfilings. A Beneficiary must be current on the above Table A chart to file theirI-485, Adjustment of Status applications. See: USCIS Visa Bulletin Dates
MU LawAnalysis
This VisaBulletin shows that the DOS has almost exhausted all employment-based visas forFY 2023. All categories remained thesame or retrogressed.
The twocategories that retrogressed were EB-3 for All Other Countries, including thePhilippines. The date was moved back toFeb 1, 2022, from June 1, 2022, a four-month retrogression. India EB-3 dropped back to January 1, 2009,which is a significant retrogression.
These EB-3retrogressions mean that the USCIS and DOS overplayed their progression earlierin the year and did not see the demand for the visa numbers that were clearlythere.
MU’sexpectation is that we will see any more progression throughout FY23, throughSeptember 30, 2023.
The VisaBulletin included these notes about the two retrogressed categories.
E.RETROGRESSION IN THE EMPLOYMENT-BASED THIRD PREFERENCE (EB-3) FOR REST OF WORLDCOUNTRIES, MEXICO, AND PHILIPPINES
In the May2023 Visa Bulletin, the EB-3 final action dates for Rest of World, Mexico, andthe Philippines were established to keep number use within the FY 2023 annuallimit. This was in part due to higher than expected demand from applicants withpriority dates earlier than the established final action dates. The Department and USCIS continue to seeincreased demand from these applicants, necessitating retrogression. As a result, the Rest of World, Mexico, and PhilippinesEB-3 final action dates have retrogressed to 01FEB22. This situation will becontinually monitored, and any necessary adjustments will be made accordingly.
F.RETROGRESSION IN THE EMPLOYMENT-BASED THIRD PREFERENCE (EB-3) FOR INDIA
Asreaders were informed was possible in Item E of the June 2023 Visa Bulletin, ithas become necessary to retrogress the EB-3 final action date for Indiaeffective in July. India’s EB-3 number use has been consistently robustthroughout the fiscal year, and it is estimated that applicants chargeable toIndia will use all EB-3 numbers made available to them during this fiscal year,taking into account INA 202(a)(5) and INA 202(e), by the end of June. Thus,applicants from India are subject to a final action date of 01JAN09. Thissituation will be continually monitored, and any necessary adjustments will bemade accordingly.