Every month the USCIS, in coordination with the Department of State, issues the Visa Bulletin. It indicates which green card applications can move forward based on when the petition was filed. It lets you estimate how long it will take to get your green card. Once your petition has been filed, you’ll be able to check the Visa Bulletin and watch your place in line.
Most recently, the U.S. government announced the Visa Bulletin for March 2023. The most recent bulletin sustained the EB-1 retrogression for India and China-born applicants introduced in the January 2023 bulletin. The Final Action Dates for India and China in the EB-1 category is February 1, 2022, while the Dates for Filing are June 1, 2022.
We explain below everything you need to know about this critical monthly update for employment-based immigration applicants.
A) DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS
This chart indicates when the 2nd stage of your Green Card process (Adjustment of Status or NVC) can be submitted.
The Final Action Dates Chart remained the same as in January 2023.
- EB-2 remained the same as January 2023:
- China remained on July 8, 2019
- India stayed on May 1, 2012
- All other countries of chargeability: December 1, 2022
- EB-1 category also sees no change from last month’s visa bulletin:
- All Chargeability Areas are Current, which means that you can file and get approved with I-485 right away.
- The date for filing for China and India is June 1, 2022. This means that India and China-born applicants can file I-485 if their priority date of the client is on or before June 1, 2022.
B) FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
This chart shows which priority dates have reached the front of the line. The green card applications are ready for approval right now.
Final action dates show no changes in 2nd preference and sustained retrogression for India and China in 1st preference introduced last month:
- EB-2 remained the same as last month:
- India: October 8, 2011
- China: June 8, 2019
- All other countries of chargeability: November 1, 2022
- EB-1: remained the same as last month:
- India: February 1, 2022
- China: February 1, 2022
- All other countries of chargeability: remains Current
No changes in priority dates for most of the categories with one important detail – USCIS warns about the increased number of EB-2 NIW applicants since 2022. This could mean retrogression for this category in the following months.
“Since December 2022, there has been higher than expected number use and demand, mostly due to continued new filings by applicants from all countries with priority dates earlier than the established final action dates. This will necessitate corrective action in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.”
As a result, applicants going forward may need to wait several months, or even until October, when the new fiscal year starts, to file an adjustment of status application.
To learn more about your immigration options, don’t hesitate to contact us.