October Visa Bulletin – As New Fiscal Year Begins, India Final Action Dates Will Advance Significantly for Most Employment-Based Categories While China Advances More Modestly; USCIS to Honor Dates for Filing in October
In October, the EB-1 Final Action Date will advance by five years for India, to January 1, 2017, and by just two weeks for China, to February 15, 2022, while the EB-1 category for all other countries will become current again. The EB-2 Final Action Date for India will advance by one year, to January 1, 2012, for China by almost three months, to October 1, 2019, and for all other countries by one week, to July 8, 2022. The EB-3 Professional/Skilled Worker Final Action Date will advance by more than three years for India, to May 1, 2012, by four months for China, to January 1, 2020, and by nineteen months for all other countries. EB-5 Unreserved Final Action Dates will advance by twenty months for India and by three weeks for China. In October, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s October 2023 Visa Bulletin.
A closer look
According to the State Department’s October 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: The EB-1 Final Action Date will advance by five years for India, to January 1, 2017, and by just two weeks for China, to February 15, 2022, while all other countries will return to being current.
- EB-2: The EB-2 Final Action Date for India will advance by one year, to January 1, 2012, for China by almost three months, to October 1, 2019, and for all other countries by one week, to July 8, 2022.
- EB-3 Professionals and Skilled Workers: The EB-3 Professional/Skilled Worker Final Action Date will advance by three years and four months for India, to May 1, 2012, by four months for China, to January 1, 2020, and by one year and seven months, to December 1, 2021, for all other countries.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will advance by one year and eight months to December 15, 2018, and China will advance by three weeks to October 1, 2015. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.
USCIS has announced on its own Visa Bulletin web page that the agency will accept adjustment of status applications based on the Dates for Filing chart in October. To be eligible to file an employment-based adjustment of status application next month, foreign nationals must have a priority date that is earlier than the Date for Filing listed below for their preference category and country.
Expiration of EB-4 Non-Minister Religious Worker Program
The EB-4 Non-Minister Religious Worker Program is set to expire on September 30, 2023. Unless Congress reauthorizes these programs or passes a stopgap spending measure, USCIS will not be able to approve adjustment of status applications under this subcategory next month.
Final Action Dates for October 2023
EB-1
China: February 15, 2022
India: January 1, 2017
All other countries: Current
EB-2
China: October 1, 2019
India: January 1, 2012
All other countries: July 8, 2022
EB-3 Professionals and Skilled Workers
China: January 1, 2020
India: May 1, 2012
All other countries: December 1, 2021
EB-3 Other Workers
China: January 1, 2016
India: May 1, 2012
Philippines: May 1, 2020
All other countries: August 1, 2020
EB-4
All countries: January 1, 2019*
*The EB-4 Non-Minister Religious Worker program will be unavailable for all countries until it is reauthorized by legislation.
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: October 1, 2015
India: December 15, 2018
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 October 2023
EB-1
China: August 1, 2022
India: July 1, 2019
All other countries: Current
EB-2
China: January 1, 2020
India: May 15, 2012
All other countries: January 1, 2023
EB-3 Professionals and Skilled Workers
China: September 1, 2020
India: August 1, 2012
Philippines: January 1, 2023
All other countries: February 1, 2023
EB-3 Other Workers
China: June 1, 2017
India: August 1, 2012
Philippines: May 15, 2020
All other countries: December 15, 2020
EB-4
All countries: March 1, 2019
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: January 1, 2017
India: April 1, 2022
All other countries: Current
EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries