July 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: a “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.

For July 2023, USCIS has indicated that for Employment-Based immigration cateogries, the “Final Action Dates” 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]. However, for all Family-Sponsored preference categories, applicants must use the “Dates for Filing Chart” in establishing eligibility to file Form I-485 Adjustment of Status petitions.

In July, 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.

The EB-2 preference category remains 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 is February 15, 2022. All otherwise qualified individuals with a priority date before February 15, 2022, may file their I-485 applications.

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).