September Visa Bulletin – EB-2 Worldwide and EB-3 China Professional/Skilled Workers Advance, Other Employment-Based Categories Hold Steady; USCIS to Honor Final Action Dates for Employment-Based Categories

In September, the EB-2 Final Action Date for all countries except India and China will advance by three months, to July 1, 2022. The EB-3 China Professional/Skilled Worker Final Action Date will also advance by three months, to September 1, 2019. All other employment-based Final Action Dates remain unchanged from last month. In September, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s September 2023 Visa Bulletin. The State Department confirms that the FY 2023 limit for employment-based immigrant visas is 197,091.

A closer look 

According to the State Department’s September 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 remain unchanged from last month. China remains at February 1, 2022, India at January 1, 2012, and all other countries at August 1, 2023.
• EB-2: India will remain at January 1, 2011, and China will remain at July 8, 2019. All other countries will advance by three months, to July 1, 2022.
• EB-3 Professionals and Skilled Workers: India will remain at January 1, 2009, and China will advance by three months, to September 1, 2019. All other countries will remain at May 1, 2020.
• EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will remain at April 1, 2017 and China will remain at September 8, 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 Final Action Dates chart in September. 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 Final Action date listed below for their preference category and country.

Immigrant visa numerical limitations

As FY 2023 nears its close on September 30, the State Department has provided the immigrant visa numerical limitations for the fiscal year. The agency reports that the FY 2023 worldwide employment-based preference limit is 197,071. Recent previous years’ worldwide employment-based limits were 281,507 (FY 2022), 262, 288 (FY 2021), and 156,253 (FY 2020). In the September Visa Bulletin, the State Department says that most employment-based preference category limits and/or the overall FY 2023 employment-based limit are expected to be reached during September. If any of the annual limits are reached at any point during September, the impacted preference category(ies) would become immediately “unavailable,” and no further requests for immigrant visa numbers could be honored under the September Bulletin.

It is typical for immigrant visa availability to narrow at the end of a fiscal year, and then expand on October 1 at the start of a new fiscal year when the new annual allocations become available. In last month’s August Visa Bulletin, the State Department noted that it is likely that in October 2023, the Final Action Date for EB-1 India will advance to at least the date set in the July 2023 Visa Bulletin, which is February 1, 2022; however, the new date will depend on demand in the category. The agency also noted in the August Bulletin that EB-1 Final Action dates for all countries except India and China are expected to return to “current” at the start of the new fiscal year in October 2023. The agency, however, did not provide updated EB-1 projections in the September Visa Bulletin.

Final Action Dates for September 2023

EB-1 
China: February 1, 2022
India: January 1, 2012
All other countries: August 1, 2023                                                                                    

EB-2  
China: July 8, 2019
India: January 1, 2011
All other countries: July 1, 2022

EB-3 Professionals and Skilled Workers  
China: September 1, 2019
India: January 1, 2009
All other countries: May 1, 2020

EB-3 Other Workers  
China: September 1, 2015
India: January 1, 2009
All other countries: May 1, 2020

EB-4
All countries: September 1, 2018

EB-5 Unreserved (Regional Center and Non-Regional Center)
China: September 8, 2015
India: April 1, 2017
All other countries: Current

EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries