August 2023 Visa Bulletin – EB-1 ROW Cutoff Date Introduced, EB-1 India Retrogression

The U.S. State Department has just released the August 2023 Visa Bulletin which is the eleventh Visa Bulletin for the fiscal year. The headline in the upcoming month’s Visa Bulletin is cutoff date introduction for EB-1 Rest of World and the major (10 years) retrogression for EB-1 India.    Similarly, while there is some fluctuation among different categories, as we are approaching the end of the fiscal year there are many categories that will likely not advance significantly until at least the October 2023 Visa Bulletin. 

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

By using the Final Action Dates, USCIS will allow the following India and China applicants to file I-485 in the month of August 2023:

India

• EB-1 India with priority date (PD) (approved or pending I-140) before January 1, 2012;
• EB-2 India with PD before January 1, 2011;
• EB-3 India with PD before January 1, 2009.

China

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

Summary of the August 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 August 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-1 Rest of World and EB-1 India Cutoff Date/Retrogression

The Department of State has warned that due to high demand, they have introduced a cutoff date for EB-1 Rest of World preference petitions.   It is likely that this category will become “Current” again in October. Similarly, as warned previously, the Department of State has retrogressed the cutoff date for EB-1 India.  The reason is that the country of India is “oversubscribed” and not subject to prorating and not able to receive unused numbers for the fiscal year.    Here’s the Department of State explanation:

With a worldwide final action date being set for EB-1 because the demand is greater than the number of visas remaining, the Department can no longer issue EB-1 visas without regard to the per-country numerical limitations and so applicants from India are no longer able to receive EB-1 numbers under INA 202(a)(5). Having reached their limit for FY-2023 within EB-1, India will be subject to an EB-1 final action date of 01JAN12, the oldest priority date of an EB-1 applicant (many Indian EB-1 applicants have priority dates from 2012-2015 because of priority date retention based on previously-approved petitions in the EB-2 or EB-3 categories). It is likely that in October the final action date will advance to at least the final action date announced in the July Visa Bulletin; however, the date is dependent on the demand for EB-1 visas by Indian applicants and the FY-2024 annual limit on employment-based preference visas.

FB-2A Remains Current for All Countries – Opportunity to File I-485 Adjustment of Status – CUTOFF DATE EXPECTED TO BE INTRODUCED

The Family-based Second Preference (FB-2A) category remains “Current” for this month for “Dates for Filing” for filings although there is a retrogression for approvals.   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.