The Department of State released the September 2023 visa bulletin, the last issue prior to the new fiscal year (FY) which starts in October. The visa bulletin summarizes the availability of immigrant visas both for consular processing and adjustment of status applications to be filled in September 2023. The State Department releases both the Final Action Dates and Date of Filing Applications for Employment-Based and Family-Based immigrant visas. The U.S. Citizenship and Immigration Services (USCIS) confirms which chart Applicants must use to file their Adjustment of Status Application (AOS). USCIS has confirmed they will be accepting Employment-Based cases based on the Final Action Date chart and for Family-Based, they are accepting based on the Date of Filing Chart as in the previous month. Below, we break down the movement seen in the September 2023 visa bulletin.

 

Employment-Based Visas

The visa number used by USCIS and the Department of State has been steady in FY 2023. As we are coming to the end of the year in September 2023, most Employment-Based (EB) preference category limits and overall, EB visas available are projected to be reached this month. In addition to the September visa availabilities, the State Department in this month’s release provided the immigrant visa numerical limitation for the fiscal year. The Department reports that the FY 2023 worldwide EB preference limit is 197,071. As the impact of the COVID pandemic ends, we are returning to pre-pandemic levels of visa availability. To compare this year’s EB visa limit, in FY 2022 the number was 281,507, the highest thus far while we saw 262, 288 (FY 2021), and 156,253 (FY 2020). As a result of the steady use of visa numbers this fiscal year, the agency notes most EB preference category limits and/or the overall FY 2023 limit may be reached before the end of September. The Department of State emphasizes if, at any time before the end of September, the annual limit has reached for any of the preference categories, they will immediately make the preference category “unavailable” and will stop accepting allocating visa numbers.

In the employment-based first preference category (EB-1), we see no movement from the dates from the August Visa Bulletin. The cutoff date for EB-1 for Chinese nationals is February 1, 2022, while for Indian nationals it remains at January 1, 2012. For the rest of the world, the cutoff date holds at August 1, 2023. As we recall, in the August 2023 visa bulletin, the Department noted the Final Action Dates for EB-1 India will advance to at least the date we saw in July 2023 Visa Bulletin which was February 1, 2022. This estimation of course is dependent on the demand in the category. The agency also mentioned in the August Visa Bulletin, the EB-1 Final Action Dates for the rest of the world except India and China are expected to return to “current” in the October 2023 visa bulletin.

In the EB-2 category, we see a small movement for the rest of the world excluding China and India. The EB-2 cutoff date for India remains at January 1, 2011, and for China, the cutoff date holds at July 8, 2019. For the rest of the world, the cutoff date advances by three months, to July 1, 2022.

In the EB-3 Professional/Skilled Worker category, we also see a glimmer of advancement for some China. The cutoff date for China advances by three months to September 1, 2019. For India, the cutoff dates remain at January 1, 2009, and for the rest of the world, the details hold at May 1, 2020.

 

Family-Based Visas

In the Family-Based categories, continuing with the trend of Employment-Based charts, we see retrogression along with some advancements in the August 2023 visa bulletin, as summarized below.

The F-1 category (unmarried children (age 21 and older) of U.S. citizens) remains the same in the August 2023 Visa Bulletin. The Final Action cutoff date for China, India, and remain at January 1, 2015. For Mexican nationals, the cutoff dates hold at April 22, 2001. Lastly, for the Philippines, the dates remain at March 1, 2012.

In the F-2A Family-Based category (Spouses and Unmarried Children (Under Age 21) for China, India, the Philippines, and the Rest of the World, the Final Action Dates advance to January 1, 2018. Again, in this category for Mexican nationals, the cutoff dates remain at September 1, 2016. In the F2B (Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents) the cutoff date for China, India and the rest of the world holds at September 22, 2015. While the cutoff date for Mexico is August 1, 2001, and for the Philippines it is October 22, 2011.  In the F-3 category (married children of U.S. citizens). The dates for China, India, and the Rest of the World cutoff dates remain at January 8, 2009. The dates for Mexico and the Philippines remain the same at January 15, 1998, and June 8, 2002, respectively. In the F4 category, the cutoff date for China and the rest of the world holds at April 22, 2007. While the cutoff date for India is September 15, 2005, Mexico’s dates are at August 1, 2000, and lastly, the Philippines’ dates are August 22, 2002.

The dates we see in the September 2023 visa bulletin are the same as the August 2023 visa bulletin except for the advancement we see in the F2A category. In the F2A category, in the Date of Filing Chart, we see for the first time in a long time a cutoff date of September 1, 2023. Therefore, spouses and children of Green Card holders cannot file concurrent I-130, Petition for Alien Relative, and an Adjustment of Status application (I-485) in September. Lastly, similar to EB cases, the Department of State provided the numerical limitation for the current fiscal year for Family-Based visas to 226,000. Unlike the Employment-Based visa limit, we saw the same numerical limitation in previous fiscal years.

We continue to monitor and report predictions and movements related to the monthly visa bulletin. If you have questions regarding your priority date, please feel free to contact us. We put our extensive experience and expertise to work for you to ensure you get the right advice.

September 2023 Visa Bulletin Visa Bulletin