The U.S. Department of State (DOS)’s September Visa Bulletin, the last visa bulletin of fiscal year 2023, saw small movement for the EB-2 Final Action Date, except India and China, while all other employment-based Final Action Dates remain unchanged from last month. All dates listed below are based on the Final Action Dates for Employment-Based Preference cases. Applicants must have a priority date that is earlier than the final action date listed for their preference category and country to be eligible to file an employment-based adjustment of status application.
EB-1: Employment-Based, First Preference Category
Despite significant changes in the August 2023 Visa Bulletin for the EB-1 category, all EB-1 categories and dates remain unchanged in the September bulletin. Mexico, Philippines, and all chargeability categories remain at Aug. 1, 2023; EB-1 India remains at Jan. 1, 2012; and EB-1 China remains at Feb. 1, 2022.
EB-2: Employment-Based, Second Preference Category
In the EB-2 Category, Mexico, Philippines, and all chargeability categories advance three months to July 1, 2022. There is no change in the dates for EB-2 India and China, which remain set for Jan. 1, 2011, and July 8, 2019, respectively.
EB-3: Employment-Based, Third Preference Category
The only movement in the EB-3 category in this bulletin is China’s cutoff which advances slightly by three months to Sept. 1, 2019. All other EB-3 cutoffs remain the same. EB-3 India remains set for Jan. 1, 2009, and the cutoff date of May 1, 2020, is retained by Mexico, Philippines, and all chargeability categories.
EB-5: Employment-Based, Fifth Preference Category
There is no change to the Final Action Dates for all nationalities in the EB-5 category for September.
The Dates of Filing of Employment-Based Visa Applications are:
The DOS Visa Bulletin summarizes the availability of immigrant numbers and releases Dates of Filing Applications and Final Action Dates charts monthly for both employment-based and family-based immigrant visas. USCIS confirms which chart applicants must use to file their Adjustment of Status Application. For September 2023, USCIS announced it will only accept adjustment of status applications based on the Final Action Dates chart for all employment-based preference categories, while all family-sponsored preference categories may use the Dates for Filing chart.
Changes are anticipated in the October 2023 Visa Bulletin, which will be the first visa bulletin for fiscal year 2024.