February 2023 Visa Bulletin – Main Employment-Based Categories Hold Steady

Next month, EB-1 India and EB-1 China will maintain their Final Action cutoff date of February 1, 2022, and their Dates for Filing cutoff date of June 1, 2022. The EB-2 India Final Action date will remain at October 8, 2011. The EB-2 India Dates for Filing cutoff will remain at May 1, 2012. The EB-3 India Professional/Skilled Worker Final Action date will remain at June 15, 2012, and the Dates for Filing cutoff will remain at August 1, 2012. The EB-3 China Professional/Skilled Worker category will remain at August 1, 2018 for Final Action, and September 1, 2018 for Dates for Filing. All EB-3 Other Workers countries except for India and China will retrogress to January 1, 2020 for Final Action and February 1, 2020 for Dates for Filing. The Final Action Dates and Dates for Filing for all other employment-based categories will remain the same in February.

A closer look 

According to the State Department’s February Visa Bulletin, Final Action cutoff dates for issuance of an immigrant visa or approval of an adjustment of status application will be as follows: 

• EB-1: All countries will remain current, except for India and China, which will have a cutoff date of February 1, 2022.
• EB-2: India will remain at October 8, 2011. China will remain at June 8, 2019. All other countries will remain at November 1, 2022.
• EB-3 Professionals and Skilled Workers: India will remain at June 15, 2012, and China will remain at August 1, 2018. All other countries will remain current.
• EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), the China and India cutoff dates will remain at March 22, 2015 and November 8, 2019, respectively, and all other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

The Dates for Filing chart for February shows no change in cutoff dates for employment-based categories with the exception of the worldwide EB-3 Other Workers retrogression described below.

In the coming days, USCIS is expected to announce on its own Visa Bulletin web page the cutoff dates for acceptance of adjustment of status applications next month. That announcement will clarify whether USCIS will accept adjustment of status applications based on the Final Action Dates chart or the Dates for Filing chart.

EB-3 Other Workers retrogression for all countries except India and China

Due to increased usage in the EB-3 Other Workers category for all countries except India and China, significant retrogressions will take effect in February. The Final Action cutoff date for all countries except India and China in the EB-3 Other Workers category 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.

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 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

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