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January 2023 Visa Bulletin

The February 2023 Visa Bulletin was released. The is movement in many categories of this month’s bulletin. Most notable, India EB2 final action date regressed 177 days to October 8, 2011. See below for more details.

Commentary:

January 2023 

For all countries except India, China, Philippines, and Mexico: F1 category remains at December 1 2014; F2A category priority date remains current, F2B remains at 22 September 2015, F4 category remains at 22 March 2007; EB1 remains current; EB2 remains at 1 November 2022; and EB3 remains current. 

For India only: F2A category remains current, F2B remains at 22 September 2015, F4 remains at 15 September 2005; EB1 regressed to 01 February 2022; EB2 remains at 8 October 2011; EB3 remains at 15 June 2012; All EB5 visas are current except for Unreserved which remains at 08 November 2019.

For China only: ; EB1 regressed to 01 February 2022; EB2 remains at 8 June 2019; EB3 remains at 1 August 2018; All EB5 Non-Regional Center are now current  except for the EB5 Unreserved (I5 and R5) remains at 22 March 2015.

Vietnam is not individually listed and should use all countries category.

Can file your immigrant applications if PD before: 

F2A Current; F2B remains at 17 January 2017 for All Areas and china, except Mexico remains at 1 January 2002 and Philippines remains at 1 October 2013 ; F4 remains at 15 December 2007 for All Areas, except India remains at 22 February 2006, Mexico remains at 01 April 2001, and Philippines remains 22 April 2004 .

EB1 Current for all countries, except for China and India which have PDs at 01 June 2022 ; EB2 All countries except India and China remain at 01 December 2022; EB3 Current for all countries except India and China; EB2 India remains at 01 May 2012; EB3 India remains at 01 August 2012; EB2 China remains at 8 July 2019; EB3 China remains at 1 September 2018; EB5 China (C5, T5, I5, R5 ) remains at 1 January 2016All other EB5 China remain Current; Vietnam is not individually listed and should use the all countries category.

Additional Notes copied from USCIS:

B.  DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF JANUARY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program.  This will result in reduction of the DV-2023 annual limit to approximately 54,850. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For January, immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except
Those Listed Separately
AFRICA 20,000 Except:  Algeria     11,000
Egypt          7,000
Morocco   12,000
ASIA 9,000 Except:  Iran     5,500
Nepal  5,500
EUROPE 15,000 Except:  Russia        12,000
Uzbekistan  8,500
NORTH AMERICA (BAHAMAS) 5
OCEANIA 650
SOUTH AMERICA,
and the CARIBBEAN
1,200

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2023 program ends as of September 30, 2023. DV visas may not be issued to DV-2023 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2023 principals are only entitled to derivative DV status until September 30, 2023. DV visa availability through the very end of FY-2023 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C.  THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN FEBRUARY

For February, immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except
Those Listed Separately
AFRICA 35,000 Except: Algeria     18,425
Egypt       16,150
Morocco  31,725
ASIA 15,500 Except:  Iran      5,500
Nepal   7,000
EUROPE 15,000 Except:  Russia        12,000
Uzbekistan   8,500
NORTH AMERICA (BAHAMAS) 5
OCEANIA 1,100
SOUTH AMERICA,
and the CARIBBEAN
2,100

D.  VISA AVAILABILITY IN THE EMPLOYMENT FIRST CATEGORY FOR CHINA AND INDIA

As readers were warned may happen in Item E of the December 2022 Visa Bulletin, it has become necessary to establish Employment First Preference final action and application filing dates for China and India, effective in January, to hold number use within the maximum allowed under the FY-2023 annual limit. Applicants from China and India are subject to a final action date of 01FEB22 and an application filing date of 01JUN22. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

E.  EXPIRATION OF EMPLOYMENT FOURTH PREFERENCE CERTAIN RELIGIOUS WORKERS (SR) CATEGORY

The continuing resolution signed on December 16, 2022 extended the Employment Fourth Preference Certain Religious Workers (SR) category until December 23, 2022.  No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight December 22, 2022.  Visas issued prior to that date will be valid only until December 22, 2022, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat admitted) into the United States no later than midnight December 22, 2022.

The final action date for this category has been listed as “Unavailable” for January.

If there is legislative action extending this category, it would immediately become available, subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.

F.  FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV

 

Department of State Publication 9514

CA/VO: December 19, 2022″