January 2023 Visa Bulletin

Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one.  In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.

For January 2023, USCIS has indicated that for Employment-Based immigration, the “Dates for Filing” chart should be used in establishing eligibility to file the I-485 Adjustment of Status petitions. This means that those who filed an Immigrant Petition [Form I-140] on or before the date given in the Visa Bulletin may file an application for permanent resident status [Form I-485].

In January, the EB-1 preference category on the Final Action Chart for all countries other than China and India is “current.” This means the I-485 applications may be filed immediately with the Form I-140. However, applicants from China and India are subject to the final action date of February 1, 2022, and the application filing date of June 1, 2022.

The EB-2 preference category has retrogressed for all countries (including China and India) which means that individuals in these categories will not be able to file I-485 applications unless they have a “current” priority date.  The priority date for all countries except India and China in the EB-2 preference category is November 1, 2022.  All otherwise qualified individuals with a priority date before November 1, 2022 may file their I-485 applications.

The EB-3 preference category is also “current” for all countries other than China and India, which remain backlogged on both the Final Action and Dates for Filing Charts.

The Visa Bulletin states the following regarding the Employment Fourth Preference Certain Religious Workers (SR) category:

“The continuing resolution signed on December 16, 2022 extended the Employment Fourth Preference Certain Religious Workers (SR) category until December 23, 2022.  No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight December 22, 2022.  Visas issued prior to that date will be valid only until December 22, 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 22, 2022. 

The final action date for this category has been listed as “Unavailable” for January. If there is legislative action extending this category, it would immediately become available, subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.”

The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-january-2023.html. If you have questions about planning, please feel free to reach out and schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).