January 2023 Visa Bulletin – Cutoff Date Added to EB-1 India and China

The U.S. State Department has just released the January 2023 Visa Bulletin which is the fourth Visa Bulletin for the fiscal year. The headline in the upcoming month’s Visa Bulletin is the addition of a cutoff date for EB-1 India and China, in addition to the cutoff date added to EB-2 ROW during the prior Visa Bulletin.

Which India and China Employment-based Applicants Are Eligible to File I-485 in January?

By using the Dates for Filing, USCIS will allow the following India and China applicants to file I-485 in the month of January 2023:

India

• EB-1 India with priority date (PD) (approved or pending I-140) before June 1, 2022;
• EB-2 India with PD before May 1, 2012;
• EB-3 India with PD before August 1, 2012.

China

• EB-1 China with priority date (PD) (approved or pending I-140) before June 1, 2022;
• EB-2 China with PD before July 8, 2019;
• EB-3 China with PD before September 1, 2018.

Summary of the January 2023 Visa Bulletin – Employment-Based (EB)

Please note that USCIS will determine and publish, about a week after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates.

Summary of the January 2023 Visa Bulletin – Family-Based (FB)

USCIS will determine and publish separately, a few days after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates.

EB-2 ROW and EB-1 India/China Cutoff Date/Retrogression

The Department of State has warned that due to higher than anticipated demand and filings in these categories, they have introduced a cutoff date in order to hold the approved visa numbers within the annual quotas.     At this time, it is not clear how for long long the cutoff dates for these categories will remain; the Department of State have indicated that they will monitor demand and adjust, as needed.    This may mean that the dates will advance later in the fiscal year; but it also may mean that the dates will move further back.   Stay tuned and subscribe to our newsletter to get alerts on this and related topics.

FB-2A Remains Current for All Countries – Opportunity to File I-485 Adjustment of Status

The Family-based Second Preference (FB-2A) category remains “Current” for this month.   This action has been taken in an effort to generate an increased level of “demand” or number of filings.

FB-2A category is for “Spouses and Children (generally under 21 years of age) of Permanent Residents”

This means that FB-2A applicants, especially those who are in the U.S. on valid status, should consider filing for I-485 Adjustment of Status as soon as possible in the event there is a cutoff date introduced in the following month’s Visa Bulletin.   Note that because the cutoff date is “Current”, it is possible to file a brand new FB-2A where the I-130 immigrant petition and the I-485 adjustment of status are filed concurrently.    So this is an opportunity to file I-485 not only for existing but also for new FB-2A cases.

FB-2A applicants who are pursuing the NVC/Consular may still consider completing their applications so that the U.S. Consular sections can complete the interview and the immigrant visa approval process as soon as possible.

Current Date?

Our office stands ready to assist in the applicable process.  There are many applicants across many of the employment and family categories who can now process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics. We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about this month’s Visa Bulletin.