Visa Bulletin of August 2023 with Jacob Sapochnick

by

 

Want to know all about the August 2023 Visa Bulletin? Then you’ve come to the right place.

In this video, we share with you the latest movement in the family-sponsored and employment-based preference categories for the month of August.

There will be significant retrogression of the final action date in the EB-1 India preference category by 10 years and 1 month to January 1, 2012.

Additionally, a final action cutoff date for all countries in the EB-1 category, except China, will be imposed at August 1, 2023.

The EB-3 Professionals and Skilled Workers final action date will also retrogress by 1 year and 9 months to May 1, 2020, except for India which will remain at January 1, 2009, and China which will advance by 2 months to June 1, 2019.

In the family-sponsored categories, the dates for filing cutoff dates remain the same as the previous month, except F-1 Mexico which will advance by 2 years and 3 months to April 1, 2005, and F2B Mexico which will advance by 2 years and 4 months to August 1, 2004.

Here are some of the highlights of the August 2023 Visa Bulletin starting with the family-sponsored categories.

Employment-based categories Highlights

*Final Action cutoff dates – Retrogressions in August:

For employment-based preference categories, adjustment of status applicants must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2023.

  • EB-1 India will retrogress by more than 10 years to January 1, 2012
  • EB-1 Worldwide, China:
    • The State Department has imposed a final action cutoff date for EB-1A Worldwide for all countries except China, at August 1, 2023.
    • The EB-1 China Final Action Date will remain at February 1, 2022.
  • EB-2 Worldwide, China:
    • EB-2 China will advance by one month, to July 8, 2019.
    • The Final Action Date for EB-2 India will remain at January 1, 2011.
    • The EB-2 Worldwide Final Action Date will advance by six weeks, to April 1, 2022, for all other countries.
  • EB-3:
    • The Final Action Date for EB-3 China Professional/Skilled Worker will advance by two months, to June 1, 2019.
    • EB-3 India Professional/Skilled Worker will remain at January 1, 2009.
    • For all other countries, the EB-3 Professional/Skilled Worker Final Action Date will retrogress by almost two years, to May 1, 2020.

Prediction: We predict that by October 2023 the EB-1 final action dates will advance significantly, depending on usage and on the FY 2024 annual numerical limit which will reset in October (the start of the fiscal year).

Family-sponsored categories Highlights

*Dates for Filing cutoff dates – Advancements in August:

For  family-sponsored preference categories, adjustment of status applicants you must use the Dates for Filing chart in the Department of State Visa Bulletin for August 2023.

  • F-1 Mexico will advance by 2 years and 3 months to April 1, 2005
  • F2A will remain current for all categories
  • F2B Mexico will advance by 2 years and 4 months to August 1, 2004

Final Action cutoff dates – Retrogressions in August:

  • F2A China, India, Worldwide will retrogress by 2 years and 11 months to October 8, 2017
  • F2A Mexico will retrogress by 2 years and 2 months to September 1, 2016
  • F2A Philippines will retrogress by 2 years and 11 months to October 8, 2017

Prediction: Similarly, we predict that by October 2023 the F2A final action dates will advance significantly, depending on usage and on the FY 2024 annual numerical limit which will reset in October (the start of the fiscal year).

Adjustment of Status: Which Filing Chart to Use?

To be eligible to file an employment-based adjustment of status application in August 2023, foreign nationals must have priority dates that are earlier than the Final Action Dates chart of the Department of State’s August Visa Bulletin.

Family-sponsored applicants currently residing in the United States, may file for adjustment of status once their priority dates become current, following the Dates for Filing chart.

For more information, please see the adjustment of status filing guidance on the USCIS webpage here.

Now let’s jump into our analysis of the Visa Bulletin starting with the employment-based final action cutoff dates.

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s August 2023 Visa Bulletin, the following Final Action 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 August:

  • EB-1:
    • China remains unchanged at February 1, 2022.
    • India will retrogress by 10 years and 1 month, to January 1, 2012.
    • All other countries will receive a final action cutoff date of August 1, 2023.
  • EB-2:
    • India will remain at January 1, 2011.
    • China will remain by 1 month to July 8, 2019.
    • All other countries will advance by 6 weeks to April 1, 2022
  • EB-3 Professionals and Skilled Workers:
    • India will remain at January 1, 2009.
    • China will advance by 2 months to June 1, 2019.
    • All other countries will retrogress by 1 year and 9 months to May 1, 2020.
  • EB-3 Other Workers:
    • India will remain at January 1, 2009,
    • China will remain at September 1, 2015.
    • All other countries will remain at May 1, 2020.
  • EB-4: All countries will remain at September 1, 2018.
  • EB-5:
    • For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will remain at April 1, 2017
    • 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 remain current.
Employment-
based		 All Chargeability
Areas Except
Those Listed		 CHINA-
mainland
born		 INDIA MEXICO PHILIPPINES
1st 01AUG23 01FEB22 01JAN12 01AUG23 01AUG23
2nd 01APR22 08JUL19 01JAN11 01APR22 01APR22
3rd 01MAY20 01JUN19 01JAN09 01MAY20 01MAY20
Other Workers 01MAY20 01SEP15 01JAN09 01MAY20 01MAY20
4th 01SEP18 01SEP18 01SEP18 01SEP18 01SEP18
Certain Religious Workers 01SEP18 01SEP18 01SEP18 01SEP18 01SEP18
5th Unreserved
(including C5, T5, I5, R5)		 C 08SEP15 01APR17 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 August 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: April 1, 2022

EB-3 Professionals and Skilled Workers

  • China: June 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

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

According to the Department of State’s August 2023 Visa Bulletin, the following Final Action cutoff dates will apply for family-sponsored categories:

F1

  • F1 China, India, Worldwide will advance 2.4 weeks to January 1, 2015
  • F1 Mexico will remain at April 22, 2001
  • F1 Philippines will remain at March 1, 2012

F2

  • F2A China, India, Worldwide will retrogress by 2 years and 11 months to October 8, 2017
  • F2A Mexico will retrogress by 2 years and 2 months to September 1, 2016
  • F2A Philippines will retrogress by 2 years and 11 months to October 8, 2017
  • F2B China, India, Worldwide will remain at September 22, 2015
  • F2B Mexico will remain at August 1, 2001
  • F2B Philippines will remain at October 22, 2011

F3

  • F3 China, India, Worldwide will advance by 6 months to January 8, 2009
  • F3 Mexico will remain at January 15, 1998
  • F3 Philippines will remain at June 8, 2002

F4

  • F4 China and World will remain at April 22, 2007
  • F4 India will remain at September 15, 2005
  • F4 Mexico will remain at August 1, 2000
  • F4 Philippines will remain at August 22, 2002
Family-
Sponsored 		 All Chargeability
Areas Except
Those Listed		 CHINA-mainland
born		 INDIA MEXICO PHILIPPINES 
F1 01JAN15 01JAN15 01JAN15 22APR01 01MAR12
F2A 08OCT17 08OCT17 08OCT17 01SEP16 08OCT17
F2B 22SEP15 22SEP15 22SEP15 01AUG01 22OCT11
F3 08JAN09 08JAN09 08JAN09 15JAN98 08JUN02
F4 22APR07 22APR07 15SEP05 01AUG00 22AUG02

Final Action Dates August 2023

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

  • China, India, World: January 1, 2015 (advancement)
  • Mexico: April 22, 2001
  • Philippines: March 1, 2012

F-2A Spouses and Children of Permanent Residents

  • China, India, World: October 8, 2017 (retrogression)
  • Mexico: September 1, 2016 (retrogression)
  • Philippines: October 8, 2017 (retrogression)

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

  • China, India, World: September 22, 2015
  • Mexico: August 1, 2001
  • Philippines: October 22, 2011

F3 Married Sons and Daughters of U.S. Citizens

  • China, India, World: January 8, 2009 (advancement)
  • Mexico: January 15, 1998
  • Philippines: June 8, 2002

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

  • China, World: April 22, 2007
  • India: September 15, 2005
  • Mexico: August 1, 2000
  • Philippines: August 22, 2002

Conclusion

The August Visa Bulletin brings us some bad news in the employment-based categories with retrogressions in the final action date of the EB-1 India preference category, by 10 years and 1 month to January 1, 2012. A Final action date will also be imposed for all countries in the EB-1 category, except China, at August 1, 2023.

The final action date for EB-2 China will advance by 1 month to July 8, 2019, while India will remain at January 1, 2011, and all other countries will advance by 6 weeks to April 1, 2022.

The final action date for EB-3 Professionals and Skilled Workers will retrogress by 1 year and 9 months to May 1, 2020, except for India which will remain at January 1, 2009, and China which will advance by 2 months to June 1, 2019.

In the family-sponsored categories, the dates for filing cutoff dates remain the same as the previous month, except F-1 Mexico which will advance by 2 years and 3 months to April 1, 2005, and F2B Mexico which will advance by 2 years and 4 months to August 1, 2004. F2A remains current for all categories.

The final action cutoff date for F2A China, India, and Worldwide will retrogress by 2 years and 11 months to October 8, 2017. Similarly, F2A Mexico will retrogress by 2 years and 2 months to September 1, 2016, while F2A Philippines will retrogress by 2 years and 11 months to October 8, 2017.

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 Today. We hope that this information was helpful. If you have any further questions or would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204

Helpful Links

JOIN OUR NEW FACEBOOK GROUP

Need more immigration updates? We have created a new facebook group to address the impact of the new executive order and other changing developments related to COVID-19. Follow us there.

For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.