For Employment-Based Preference Filings: For all employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for February 2023. Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the Dates for Filing Visa Applications charts in this Bulletin. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. 2. If a category is designated current, all applicants in the relevant category may file, regardless of priority date. The year of entitlement for all applicants registered for the DV-2023 program ends as of September 30, 2023. For January, immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. If a category is designated current, all applicants in the relevant category may file applications, regardless of priority date. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. DV visa availability through the very end of FY-2022 cannot be taken for granted. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES. The year of entitlement for all applicants registered for the DV-2022 program ends as of September 30, 2022. This bulletin summarizes the availability of immigrant numbers during Septemberfor: Final Action Dates and Dates for Filing Applications, indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. Due to heavy applicant demand and significantly lower visa number availability for India E2 for FY-2023, corrective action was taken in October to keep number use within the maximum allowed under the FY-2023 annual limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. DV visas may not be issued to DV-2023 applicants after that date. Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) A. For FY-2022 the per-country limit is 35,525. The worldwide level for annual employment-based preference immigrants is at least 140,000. In the November 2022 Visa Bulletin, there were no changes seen to the priority dates for both India EB2 and EB3. Visas issued prior to that date will be valid only until December 15, 2022, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat admitted) into the United States no later than midnight December 15, 2022. The remaining 68% are unreserved and are allotted for all other qualified immigrants. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; B. this month for filing applications for adjustment of status with USCIS. DATES FOR FILING OF EMPLOYMENT-BASEDVISAAPPLICATIONS. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by December8th. Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. this month for filing applications for adjustment of status with USCIS. E.RETROGRESSION OF CHINA-MAINLAND BORN FINAL ACTION DATE AND IMPOSITION OF INDIAFINAL ACTION DATE IN THE EMPLOYMENT-BASED FIFTH PREFERENCE UNRESERVED CATEGORIES(INCLUDING C5, T5, I5, AND R5). *Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.S. Department of State of the views or products contained therein. If at any time an annual limit were reached, it would be necessary to immediately make the preference category unavailable, and no further requests for numbers would be honored. Visa Bulletin Predictions More Prediction Dashboard Prediction Dashboard Lawyer Questions Search My Account It's FREEto register! this month for filing applications for adjustment of status with USCIS. H.R. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program. In addition, sufficient India demand has materialized in the Employment-Based Fifth Preference unreserved categories to require the imposition of a final action date for October. The dependent area limit is set at 2%, or 7,320. Employment Family . Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. Similarly, spouses and children accompanying or following to join DV-2023 principals are only entitled to derivative DV status until September 30, 2023. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. 1. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. this month for filing applications for adjustment of status with USCIS. Please see December 2022 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): "Final Action Date" is the date when when. Heavy China-mainland born and India demand along with lower visa number availability for FY-2023 as compared to FY-2021 and FY-2022 has made these corrective actions necessary to keep number use within the maximum allowed under the FY-2023 annual limits. 6119, Further Extending Government Funding Act extended the Employment Fourth Preference Certain Religious Workers (SR) category until February 18, 2022. Employment-Based Visa Bulletin Cutoff Dates for Last 12 Months Visa Bulletin February 2023 Visa Bulletin January 2023 The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program. Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. FINAL ACTION DATES FORFAMILY-SPONSOREDPREFERENCE CASES, On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. F.ESTABLISHMENT OF EMPLOYMENT SECOND PREFERENCE FINAL ACTION AND APPLICATION FILING DATES. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Numbers could be exhausted prior to September 30. If at any time an annual limit were reached, it would be necessary to immediately make the preference category unavailable, and no further requests for numbers would be honored. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES. The year of entitlement for all applicants registered for the DV-2023 program ends as of September 30, 2023. January 2022 Visa Bulletin has been officially released (valid from January 1 to January 31 only). The State Department is required to make the determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. 4. You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. It is 140,000 per year for employment based (EB) categories + any unused visas in FB categories. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by November 10th. There has been a steady increase in both USCIS and Department of State demand patterns for employment-based visas during the fiscal year. 5. Fifth:Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. Back to Green Card Discussion Forum (I-140) Ask a Lawyer. The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. This will result in reduction of the DV-2023 annual limit to approximately 54,850. 2. Due to patterns we have seen in the past, the USCIS typically tries to narrow the gap between India EB2 and EB3 priority dates. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. Your priority date should be before this date. We provide regular monthly updates on the most recent visa bulletin, analyze the date movements, and predict upcoming months to help answer these questions. It does not include future demand (which can increase or decrease anytime). As a result, the estimated employment-based annual limit will be 197,000 for FY-2023. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers". Upcoming Visa Bulletin March 2023 USCIS, in coordination with Department of State (State), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (USCIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. As a result, the estimated employment-based annual limit will be 197,000 for FY-2023. DV visas may not be issued to DV-2023 applicants after that date. J. No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases after June 30, 2021. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows: First:(F1)Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of States National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. All applicants, falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2022. The EB1 category is expected to remain current for all countries of chargeability, while EB2 and EB3 should remain current for all countries other than India and China. This situation will be continually monitored, and any necessary adjustments will be made accordingly. The dependent area limit is set at 2%, or 7,320. The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. The results of the October 2022 Visa Bulletin were not only frustrating for potential green card applicants, but also shocking. This will result in reduction of the DV-2022 annual limit to approximately 54,850. These numerical limitations for FY-2022 are as follows: Worldwide Family-Sponsored preference limit: 226,000 2. B. Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS. K. FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATESDURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITEAT TRAVEL.STATE.GOV. The year of entitlement for all applicants registered for the DV-2023 program ends as of September 30, 2023. If at any time an annual limit were reached, it would be necessary to immediately make the preference category unavailable, and no further requests for numbers would be honored. No one country can receive more than seven percent of the available diversity visas in any one year. DV visas may not be issued to DV-2023 applicants after that date. As readers were warned may happen in Item G of the October 2022 Visa Bulletin, high demand in the Employment Fourth category has necessitated the establishment of a worldwide final action date and application filing date for December to hold number use within the maximum allowed under the FY-2023 annual limit. USCIS August 2022 Adjustment of Status Filing Charts Family Based Sponsorship Final Action Dates August 2022 Trends in comparison to last month (July 2022) F1 China: December 1, 2014 If a category is designated current, all applicants in the relevant category may file, regardless of priority date. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. 6833, enacted on September 30, 2022, extended the Employment Fourth Preference Certain Religious Workers (SR) category until December 16, 2022. Nepal 3,200.
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