September 2023 Visa Bulletin – Last Visa Bulletin for the Fiscal Year; Not Much Movement

The U.S. State Department has released the September 2023 Visa Bulletin which is the twelfth and final Visa Bulletin for the fiscal year.  The headline in the upcoming month’s Visa Bulletin is the fact that there is not much movement across many categories as we are finishing the fiscal year.   We are preparing for significant advancement in many categories starting October 1.

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

By using the Final Action Dates, USCIS will allow the following India and China applicants to file I-485 in the month of September 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 September 1, 2019.

Summary of the September 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 September 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 warned in the last (August 2023) Visa Bulletin 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.

New Fiscal Year Begins October 1 – Next Visa Bulletin Expectations

This is the last Visa Bulletin for the fiscal year and at the beginning of the new fiscal year (starting on October 1), the annual visa numbers for immigrant visas reset.   As a result, we expect many categories which have been artificially slowed down over the last few months to be available for I-485 filings again.    While we cannot guarantee it, we expect EB-1, EB-2 and EB-3 ROW to be current for I-485 filings starting October 1.   Similarly, we anticipate that EB-1 India and China will advance significantly.       Please stay tuned for the October Visa Bulletin in the first 10-14 days of September for our alert and details.

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.