November 2023 Visa Bulletin – No Forward Movement (Almost) Everywhere

The U.S. State Department has released the November 2023 Visa Bulletin which is the second Visa Bulletin for the new fiscal year.  The headline in the upcoming month’s Visa Bulletin is lack of pretty much any movement in almost all employment and family-based preference categories.

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

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

India

  • EB-1 India with priority date (PD) (approved or pending I-140) before July 1, 2019;
  • EB-2 India with PD before May 15, 2012;
  • EB-3 India with PD before August 1, 2012.

China

  • EB-1 China with priority date (PD) (approved or pending I-140) before August 1, 2022;
  • EB-2 China with PD before January 1, 2020;
  • EB-3 China with PD before September 1, 2020.

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

EB Category Nov 2023 Oct 2023 Change
Employment Application Final Action Dates (determines when an I-485 or IV can be approved)
EB-1 ROW, MX, PH C  C No change
EB-1 India Jan 1, 2017 Jan 1, 2017 No change
EB-1 China Feb 15, 2022 Feb 15, 2022 No change
EB-2 ROW, MX, PH Jul 15, 2022 Jul 8, 2022 Forward by 1 week
EB-2 India Jan 1, 2012 Jan 1, 2012 No change
EB-2 China Oct 1, 2019 Oct 1, 2019 No change
EB-3 ROW Dec 1, 2021 Dec 1, 2021 No change
EB-3 India May 1, 2012 May 1, 2012 No change
EB-3 China Jan 1, 2020 Jan 1, 2020 No change
EB-3 Mexico Dec 1, 2021 Dec 1, 2021 No change
EB-3 Philippines Dec 1, 2021 Dec 1, 2021 No change
Dates for Filing Employment Visa Applications (determines when an I-485 can be filed)
USCIS will determine and announce within a week – please check USCIS’s site.
EB-1 ROW, MX, PH Current Current No change
EB-1 India Jul 1, 2019 Jul 1, 2019 No change
EB-1 China Aug 1, 2022 Aug 1, 2022 No change
EB-2 ROW, MX, PH Jan 1, 2023 Jan 1, 2023 No change
EB-2 India May 15, 2012 May 15, 2012 No change
EB-2 China Jan 1, 2020 Jan 1, 2020 No change
EB-3 ROW Feb 1, 2023 Feb 1, 2023 No change
EB-3 India Aug 1, 2012 Aug 1, 2012 No change
EB-3 China Sep 1, 2020 Sep 1, 2020 No change
EB-3 Mexico Feb 1, 2023 Feb 1, 2023 No change
EB-3 Philippines  Jan 1, 2023  Jan 1, 2023 No change

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 November 2023 Visa Bulletin – Family-Based (FB)

FB Category Nov 2023 Oct 2023 Change
Family Application Final Action Dates (determines when an I-485 or IV can be approved)
FB-1 ROW, China, India Jan 1, 2015 Jan 1, 2015 No change
FB-1 Mexico May 1, 2001 Apr 22, 2001 Forward by 1 week
FB-1 Philippines Mar 1, 2012 Mar 1, 2012 No change
FB-2A ROW, China, India, Philippines Feb 8, 2019 Feb 8, 2019 No change
FB-2A Mexico Feb 1, 2019 Feb 1, 2019 No change
Dates for Filing Family Visa Applications (determines when an I-485 can be filed)
USCIS will determine and announce within a week – please check USCIS’s site.
FB-1 ROW, China, India Sep 1, 2017 Sep 1, 2017 No change
FB-1 Mexico Apr 1, 2005 Apr 1, 2005 No change
FB-1 Philippines Apr 22, 2015 Apr 22, 2015 No change
FB-2A ROW, China, India, Philippines Sep 1, 2023 Sep 1, 2023 No change
FB-2A Mexico Sep 1, 2023 Sep 1, 2023 No change

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.

Future Expectations for I-485 Filings for EB-2 and EB-3 India

USCIS and DOS have reported significant volume of pending I-485 applications and specifically for EB-2 and EB-3 India.   According to USCIS,  they have sufficient pending I-485 applications for EB-2/EB-3 India applicants to “use up all of the available visas for FY 2024 and several fiscal years in the future.” Many India applicants have been hoping for major forward movement in the cutoff dates in order to be able to file I-485 applications even if there is retrogression afterwards — not unlike the major movements that have occurred in the past.    However,  DOS and USCIS are subject to certain restrictions as to how much the cutoff dates can be advanced:

The Department of State (DOS) is required (INA Sec. 203) to make “reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year…and to rely upon such estimates in authorizing the issuance of visas.”    Basically, DOS is not supposed to advance the cutoff dates if they do not believe that there are sufficient number of visas available; and at this time, there is no such availability.   Hence, the lack of major forward movement in the  Visa Bulletin. Similarly,  INA Sec. 245 requires that an immigrant visa to be “immediately available” when an I-485 adjustment of status is filed.   As a result, USCIS appears to be taking the position that they will be limiting the I-485 intake for the foreseeable future since the visa availability will be limited.

USCIS is reporting that they have enough inventory to use for several years’ supply of immigrant visas; as a result, given these INA provisions,  we expect that EB-2/EB-3 India will likely move extremely slowly (if at all) for the foreseeable future.

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.

By | Last Updated: November 26th, 2023| Categories: Articles, News, News Alert, Visa Bulletin|

About the Author: Dimo Michailov

Dimo Michailov
Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration.   Disclaimer:  we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts.  It is not to be construed as legal advice.