The December 2023 Visa Bulletin

 

In this video, attorney Jacob Sapochnick discusses the grim outlook of the December Visa Bulletin. While we had hoped to see more forward movement for the month of December, very little changes can be seen when compared to the previous month.

However, we hope that this video will be useful in providing some of our predictions for the Visa Bulletin in the coming months.


Adjustment of Status Filing Chart December 2023


As in the previous few months, the U.S. Citizenship and Immigration Services (USCIS) will continue to use the Dates for Filing chart in the month of December to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).


What Changes Can Be Seen Next Month?


Sadly, the Dates for Filing Charts for both the employment-based and family-sponsored categories remain identical to those from the month of November. The Final Action Dates for family sponsored categories also remain identical to the previous month.

The only forward-movement that can be seen is in the Final Action Dates chart for EB-2 China which will advance by three weeks to October 22, 2019, and EB-3 China which will advance by three weeks to January 22, 2020. All other countries will remain the same.

In other news, the EB-4 Non-Minister Religious Worker program will become unavailable for all countries in December until it is reauthorized by legislation.


Our Predictions


We expect to see more forward-movement in the Visa Bulletin beginning next year specifically in the family sponsored categories. We make this prediction based on recent data and statistics released by the National Visa Center (NVC) which shows that more immigrant visa interviews are being scheduled at U.S. Embassies and Consulates worldwide.

Now let’s move on to looking at the charts.


FINAL ACTION DATES – EMPLOYMENT BASED CATEGORIES


The following Final Action cutoff dates will apply for employment-based categories:

*These dates are unchanged from the November Visa Bulletin except EB-2 and EB-3 China

  • EB-1: EB-1 India will remain at January 1, 2017, and China will remain at February 15, 2022. All other countries will remain current.
  • EB-2:  EB-2 India will remain at January 1, 2012 and China will advance by three weeks to October 22, 2019. All other categories will remain the same.
  • EB-3:  EB-3 Professional/Skilled Workers India will remain at May 1, 2012, and China will advance by three weeks to January 22, 2020. All other countries will remain at December 1, 2021.
  • EB-3 Other Workers: All countries remain the same.
  • EB-4: EB-4 Final Action Date will be January 1, 2019, for all categories. EB-4 Certain Religious Workers is unavailable in December.
  • EB-5: For EB-5 Unreserved categories (C5, T5, I5, and R5) India will remain at December 15, 2018, and China will remain at October 1, 2015. All other countries will remain current. The EB-5 set aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.
Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES
1st C 15FEB22 01JAN17 C C
2nd 15JUL22 22OCT19 01JAN12 15JUL22 15JUL22
3rd 01DEC21 22JAN20 01MAY12 01DEC21 01DEC21
Other Workers 01AUG20 01JAN16 01MAY12 01AUG20 01MAY20
4th 01JAN19 01JAN19 01JAN19 01JAN19 01JAN19
Certain Religious Workers U U U U U
5th Unreserved
(including C5, T5, I5, R5)
C 01OCT15 15DEC18 C C
5th Set Aside:
Rural (20%)
C C C C C
5th Set Aside:
High Unemployment (10%)
C C C C C
5th Set Aside:
Infrastructure (2%)
C C C C C

Final Action Dates for December 2023

EB-1 No changes

  • China: February 15, 2022
  • India: January 1, 2017
  • All other countries: Current

EB-2

  • China: October 22, 2019 *Advancement
  • India: January 1, 2012
  • All other countries: July 15, 2022 

EB-3 Professionals and Skilled Workers

  • China: January 22, 2020 *Advancement
  • India: May 1, 2012
  • All other countries: December 1, 2021

EB-3 Other Workers No changes

  • 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 is 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 – EMPLOYMENT BASED CATEGORIES


The following Dates for Filing cutoff dates will apply for employment-based categories, which will determine whether an adjustment of status application can be filed with USCIS in the month of December:

These dates are unchanged from the November Visa Bulletin

  • EB-1: EB-1 China will remain at August 01, 2022, and India will remain at July 1, 2019 respectively.  All other countries will remain current in December.
  • EB-2: EB-2 India will remain at May 15, 2012. China will remain at January 1, 2020. All other countries will remain at January 1, 2023.
  • EB-3 Professionals and Skilled Workers: EB-3 India will remain at August 1, 2012. China will remain at September 1, 2020. EB-3 Worldwide and Mexico will remain at February 1, 2023. EB-3 Philippines will remain at January 1, 2023.
  • EB-3 Other Workers: India will remain at August 1, 2012, China will remain at June 1, 2017. EB-3 Worldwide and Mexico will remain at December 15, 2020. EB-3 Philippines will remain at May 15, 2020.
  • EB-4: All countries will remain at March 1, 2019. EB-5 Certain Religious Workers is unavailable in December.
  • EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will remain at April 1, 2022, and China will remain at January 1, 2017. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.
Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO  PHILIPPINES 
           
1st C 01AUG22 01JUL19 C C
2nd 01JAN23 01JAN20 15MAY12 01JAN23 01JAN23
3rd 01FEB23 01SEP20 01AUG12 01FEB23 01JAN23
Other Workers 15DEC20 01JUN17 01AUG12 15DEC20 15MAY20
4th 01MAR19 01MAR19 01MAR19 01MAR19 01MAR19
Certain Religious Workers 01MAR19 01MAR19 01MAR19 01MAR19 01MAR19
5th Unreserved
(including C5, T5, I5, R5)
C 01JAN17 01APR22 C C
5th Set Aside:
(Rural – 20%)
C C C C C
5th Set Aside:
(High Unemployment – 10%)
C C C C C
5th Set Aside:
(Infrastructure – 2%)
C C C C C

Dates for Filing for December 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
  • The EB-4 Non-Minister Religious Worker program is unavailable for all countries until it is reauthorized by legislation.

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

DATES FOR FILING – FAMILY SPONSORED CATEGORIES


The following Dates for Filing cutoff dates will apply for family-sponsored categories, which will determine whether an adjustment of status application can be filed with USCIS in October:

These dates are unchanged from the November Visa Bulletin

Family-
Sponsored 
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES 
F1 01SEP17 01SEP17 01SEP17 01APR05 22APR15
F2A 01SEP23 01SEP23 01SEP23 01SEP23 01SEP23
F2B 01JAN17 01JAN17 01JAN17 01AUG04 01OCT13
F3 01MAR10 01MAR10 01MAR10 15JUN01 08NOV03
F4 01MAR08 01MAR08 22FEB06 15APR01 22APR04

Dates for Filing December 2023

F-1 Unmarried Sons and Daughters of U.S. Citizens

  • Mexico: April 1, 2005
  • Philippines: April 22, 2015
  • All other countries: September 1, 2017

F-2A Spouses and Children of Permanent Residents

  • All countries: September 1, 2023

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • Mexico: August 1, 2004
  • Philippines: October 1, 2013
  • All other countries: January 1, 2017

F3 Married Sons and Daughters of U.S. Citizens

  • Mexico: June 15, 2001
  • Philippines: November 8, 2003
  • All other countries: March 1, 2010

F-4 Brothers and Sisters of Adult U.S. Citizens

  • India: February 22, 2006
  • Mexico: April 15, 2001
  • Philippines: April 22, 2004
  • All other countries: March 1, 2008

FINAL ACTION DATES – FAMILY SPONSORED CATEGORIES


The following Final Action cutoff dates will apply for family-sponsored categories:

These dates are unchanged from the November Visa Bulletin

Family-
Sponsored 
All Chargeability
Areas Except
Those Listed
CHINA-mainland
born
INDIA MEXICO PHILIPPINES 
F1 01JAN15 01JAN15 01JAN15 01MAY01 01MAR12
F2A 08FEB19 08FEB19 08FEB19 01FEB19 08FEB19
F2B 22SEP15 22SEP15 22SEP15 01MAY02 22OCT11
F3 08JAN09 08JAN09 08JAN09 22MAR98 08JUN02
F4 22APR07 22APR07 08OCT05 15SEP00 22AUG02

Final Action Dates December 2023

F-1 Unmarried Sons and Daughters of U.S. Citizens

  • Mexico: May 1, 2001
  • Philippines: March 1, 2012
  • All other countries: January 1, 2015

F-2A Spouses and Children of Permanent Residents

  • Mexico: February 1, 2019
  • All other countries: February 8, 2019

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • Mexico: May 1, 2002
  • Philippines: October 22, 2011
  • All other countries: September 22, 2015

F3 Married Sons and Daughters of U.S. Citizens

  • Mexico: March 22, 1998
  • Philippines: June 8, 2002
  • All other countries: January 8, 2009

F-4 Brothers and Sisters of Adult U.S. Citizens

  • Mexico: September 15, 2000
  • India: October 8, 2005
  • Philippines: August 22, 2002
  • All other countries: April 22, 2007

Conclusion


In conclusion, the only real change that can be seen in the December Visa Bulletin is in the Final Action Dates chart for the employment-based categories EB-2 China which will advance by three weeks to October 22, 2019, and EB-3 China which will advance by three weeks to January 22, 2020.

EB-4 Certain Religious Workers will become unavailable in the month of December.

As we do every month, we will keep you updated on the upcoming movement and changes in the Visa Bulletin right here on our blog.


Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.


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