Immigration Lawyer Blog
Are you interested in learning about the green card wait times for family-sponsored and employment-based preference categories subject to the annual limits?
If so, then we invite you to watch this video about the newly released October 2023 Visa Bulletin. This is a Visa Bulletin you won’t want to miss because October is the start of a brand new fiscal year. The Department of State has confirmed that there will be an estimated 165,000 employment-based visa numbers allocated in fiscal year 2024, which ends on September 30, 2024.
USCIS has confirmed that it will accept adjustment of status applications filed in the month of October pursuant to the Dates for Filing chart for both family-sponsored and employment-based preference categories.
The October Visa Bulletin Dates for Filing chart shows advancement from last month for all employment-based categories except EB-3 worldwide, Mexico, and Philippines which will retrogress by 3-4 months; EB-1 India will also retrogress by two months.
The Dates for Filing chart for the family-sponsored categories remains unchanged from last month.
Highlights of the October 2023 Visa Bulletin
Here are some of the highlights of the October 2023 Visa Bulletin which marks the start of the new fiscal year 2024.
Employment Based Categories
Final Action cutoff dates:
- EB-1: will advance by five years for India to January 1, 2017, and by two weeks for China to February 15, 2022. All other countries will be current in October.
- EB-2: will advance by one year to January 1, 2012, for India, and by almost three months for China to October 1, 2019. All other countries will advance by one week to July 8, 2022, in October.
- EB-3: EB-3 Professional/Skilled Worker will advance by three years and four months for India, to May 1, 2012, and by four months for China to January 1, 2020. All other countries will advance by one year and seven months to December 1, 2021.
- EB-5: For EB-5 Unreserved categories (C5, T5, I5, and R5) India will advance by one year and eight months to December 15, 2018, and by three weeks for China to October 1, 2015. All other countries will be current in October. The EB-5 set aside categories (Rural, High Unemployment, and Infrastructure) will also be current in October.
Family-sponsored categories
Dates for Filing cutoff dates:
- The family-sponsored Dates for Filing remain unchanged from the September visa bulletin.
Now let’s jump into our analysis of the October Visa Bulletin starting with the family-sponsored final action cutoff dates.
FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA-mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 01JAN15 | 01JAN15 | 01JAN15 | 22APR01 | 01MAR12 |
| F2A | 08FEB19 | 08FEB19 | 08FEB19 | 01FEB19 | 08FEB19 |
| F2B | 22SEP15 | 22SEP15 | 22SEP15 | 01JAN02 | 22OCT11 |
| F3 | 08JAN09 | 08JAN09 | 08JAN09 | 08MAR98 | 08JUN02 |
| F4 | 22APR07 | 22APR07 | 08OCT05 | 01AUG00 | 22AUG02 |
According to the Department of State’s October 2023 Visa Bulletin, the following Final Action cutoff dates will apply for family-sponsored categories:
F1
- F1 China, India, Worldwide will remain at January 1, 2015
- F1 Mexico will remain at April 22, 2001
- F1 Philippines will remain at March 1, 2012
F2
- F2A: All countries except Mexico will advance to February 8, 2019 *Advancement
- F2A Mexico will advance to February 1, 2019 *Advancement
- F2B China, India, Worldwide will remain at September 22, 2015
- F2B Mexico will advance to January 1, 2002 *Advancement
- F2B Philippines will remain at October 22, 2011
F3
- F3 China, India, Worldwide will remain at January 8, 2009
- F3 Mexico will advance to March 8, 1998 *Advancement
- F3 Philippines will remain at June 8, 2002
F4
- F4 China and World will remain at April 22, 2007
- F4 India will advance to October 8, 2005 *Advancement
- F4 Mexico will remain at August 1, 2000
- F4 Philippines will advance to August 22, 2002 *Advancement
DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES
| 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 |
The Dates for Filing Chart is unchanged from the last month.
*Note: The Dates for Filing cutoff dates determine whether an adjustment of status application can be filed with USCIS in the month of October.
*Unchanged from the September Visa Bulletin
- F-1 Mexico: April 1, 2005
- F-1 Philippines: April 22, 2015
- F-1 China, India, Worldwide: September 1, 2017
- F2A: September 1, 2023 for all categories
- F2B Mexico: August 1, 2004
- F2B Philippines: October 1, 2013
- F2B China, India, Worldwide: January 1, 2017
- F3 China, India, Worldwide: March 1, 2010
- F3 Mexico: June 15, 2001
- F3 Philippines: November 8, 2003
- F4 China, Worldwide: March 1, 2008
- F4 India: February 22, 2006
- F4 Mexico: April 15, 2001
- F4 Philippines: April 22, 2004
Employment-Based Categories
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | 15FEB22 | 01JAN17 | C | C |
| 2nd | 08JUL22 | 01OCT19 | 01JAN12 | 08JUL22 | 08JUL22 |
| 3rd | 01DEC21 | 01JAN20 | 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 |
- EB-1: will advance by five years for India to January 1, 2017, and by two weeks for China to February 15, 2022. All other countries will be current in October.
- EB-2: will advance by one year to January 1, 2012, for India, and by almost three months for China to October 1, 2019. All other countries will advance by one week to July 8, 2022, in October.
- EB-3: EB-3 Professional/Skilled Worker will advance by three years and four months for India, to May 1, 2012, and by four months for China to January 1, 2020. All other countries will advance by one year and seven months to December 1, 2021.
- EB-3 Other Workers: will advance by four months to January 1, 2016, for China, and advance by three years and four months to May 1, 2012, for India. Worldwide and Mexico will advance by three months to August 1, 2020. Philippines will remain at May 1, 2020.
- EB-4: EB-4 will retrogress by four months to January 1, 2019.
- EB-5: For EB-5 Unreserved categories (C5, T5, I5, and R5) India will advance by one year and eight months to December 15, 2018, and by three weeks for China to October 1, 2015. All other countries will be current in October. The EB-5 set aside categories (Rural, High Unemployment, and Infrastructure) will also be current in October.
Final Action Dates for October 2023
EB-1
- China: February 15, 2022 *Advancement
- India: January 1, 2017 *Advancement
- All other countries: Current
EB-2
- China: October 1, 2019 *Advancement
- India: January 1, 2012 *Advancement
- All other countries: July 8, 2022 *Advancement
EB-3 Professionals and Skilled Workers
- China: January 1, 2020 *Advancement
- India: May 1, 2012 *Advancement
- All other countries: December 1, 2021 *Advancement
EB-3 Other Workers
- China: January 1, 2016 *Advancement
- India: May 1, 2012 *Advancement
- Worldwide and Mexico: August 1, 2020 *Advancement
- Philippines: May 1, 2020
EB-4
- All countries: January 1, 2019 (Retrogression)
EB-5 Unreserved (Regional Center and Non-Regional Center)
- China: October 1, 2015 *Advancement
- India: December 15, 2018 *Advancement
- All other countries: Current
EB-5 Set-Asides
- Rural: Current for all countries
- High Unemployment: Current for all countries
- Infrastructure: Current for all countries
Employment-Based Categories
DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES
- EB-1: The category will advance by two months for China to August 01, 2022. India will retrogress by two months to July 1, 2019. All other countries will remain current in October.
- EB-2: India will advance by two weeks to May 15, 2012. China will advance by almost three months to January 1, 2020. All other countries will advance by one month to January 1, 2023.
- EB-3 Professionals and Skilled Workers: India will remain at August 1, 2012. China will advance by ten months to September 1, 2020. EB-3 Worldwide and Mexico will retrogress by almost three months to February 1, 2023. EB-3 Philippines will retrogress by almost four months to January 1, 2023.
- EB-3 Other Workers: India will remain at August 1, 2012, China will advance by one year and five months to June 1, 2017. EB-3 Worldwide and Mexico will advance by six and a half months to December 15, 2020. EB-3 Philippines will retrogress by two weeks to May 15, 2020.
- EB-4: All countries have advanced by five months to March 1, 2019.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will advance by more than two years and three months to April 1, 2022, and China will advance by one year to January 1, 2017. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.
*Note: The Dates for Filing cutoff dates determine whether an adjustment of status application can be filed with USCIS in the month of October.
| 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 October 2023
EB-1
- China: August 1, 2022 *Advancement
- India: July 1, 2019 (Retrogression)
- All other countries: Current
EB-2
- China: January 1, 2020 *Advancement
- India: May 15, 2012 *Advancement
- All other countries: December 1, 2022 *Advancement
EB-3 Professionals and Skilled Workers
- China: September 1, 2020 *Advancement
- India: August 1, 2012
- Worldwide and Mexico: February 1, 2023 (Retrogression)
- Philippines January 1, 2023 (Retrogression)
EB-3 Other Workers
- China: June 1, 2017 *Advancement
- India: August 1, 2012 *Advancement
- Worldwide and Mexico: December 15, 2020 *Advancement
- Philippines: May 15, 2020 (Retrogression)
EB-4
- All countries: March 1, 2019 *Advancement
EB-5 Unreserved (Regional Center and Non-Regional Center)
- China: January 1, 2017 *Advancement
- India: April 1, 2022 *Advancement
- All other countries: Current
EB-5 Set-Asides
- Rural: Current for all countries
- High Unemployment: Current for all countries
- Infrastructure: Current for all countries
Conclusion
In the employment-based preference categories, the dates for filing chart shows significant advancements for EB-1 China to August 1, 2022 (two months), EB-2 China by almost three months to January 1, 2020, EB-2 India by two weeks to May 15, 2012, and EB-2 advancements for all other countries by one month to January 1, 2023.
EB-3 Professionals and Skilled Workers from China will advance by ten months to September 1, 2020.
EB-3 Other Workers, China will advance by one year and five months to June 1, 2017, and EB-3 Other Workers, Worldwide and Mexico will advance by six and a half months to December 15, 2020.
EB-4 has advanced for all countries by five months to March 1, 2019.
EB-5 India will advance by more than two years and three months to April 1, 2022, and China will advance by one year to January 1, 2017.
For the family-sponsored categories, the dates for filing chart remains unchanged from the September Visa Bulletin.
In the final action date chart, F2A all countries except Mexico will advance to February 8, 2019. F2A Mexico will advance to February 1, 2019.
F2B Mexico will advance to January 1, 2022.
F3 Mexico will advance to March 8, 1998.
F4 India will advance to October 8, 2005, and F4 Philippines will advance to August 22, 2002.
As always, we will continue to monitor the trends and progressions of the Visa Bulletin and report them right here on our blog.
Contact us. Need our help? To schedule a consultation, please text 619-483-4549 or call 619-819-9204.
Helpful Links
- October Visa Bulletin
- September Visa Bulletin
- Employment-Based Fourth Preference (EB-4) Announcement
- Adjustment of Status Filing Dates from Visa Bulletin
- USCIS Processing Times
- USCIS Announces End of COVID-Related Flexibilities
- USCIS Processing Times
- Immigrant Visa Backlog Report
- DOS Visa Services Operating Status Update
- ImmigrationLawyerBlog
- ImmigrationU Membership
- Success stories
- Youtube channel
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