The August 2023 Visa Bulletin was released. There were some large movements in this month’s Visa Bulletin. Most notably, India EB-1 final action dates regressed 10 years to January 01 2012. See below for more details
Commentary:
August 2023
Final Action Dates Update
For all countries except India, China, Philippines, and Mexico: F1 category advanced 17 days to January 01 2015; F2A category regressed 1066 days to October 08 2017, F2B remains at September 22 2015, F4 category remains at April 22 2007; EB1 has changed from current to August 01, 2023; EB2 advanced 45 days to April 01 2022; and EB3 regressed 641 days to May 01 2020.
For India only: F2A category regressed 1066 days to October 08 2017, F2B remains at September 22 2015, F4 remains at September 15 2005; EB1 regressed 3684 days (10 years) to January 01 2012; EB2 remains at January 01 2011; EB3 remains at January 01 2009; All EB5 visas are current except for Unreserved remains at April 01 2017.
For China only: EB1 remains at February 01 2022; EB2 advanced 30 days to July 08 2019; EB3 advanced 61 days to June 01 2019; All EB5 visas are current except for the Unreserved (I5 and R5) which remains at September 08 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 January 01 2017 for All Areas, China, and India except Mexico which advanced 853 days to August 01 2004 and Philippines remains at October 01 2013; F4 remains at March 01 2008 for All Areas and China except India remains at February 22 2006, Mexico remains at April 15 2001, and Philippines remains April 22 2004.
EB-1 PDs remain current for all countries, Mexico, and Philippines except for China and India whose PDs remain at June 01 2022; EB-2 PDs remain at December 01 2022 for all countries, Mexico, and Philippines except for India whose PD remains at May 01 2012 and China whose PD advanced 92 days to October 08 2019; EB-3 PDs remain at May 01 2023 for all countries, Mexico, and Philippines except for India whose PD remains at August 01 2012 and China whose PD advanced 92 days to September 01 2019; EB-2 India remains at May 01 2012; EB-3 India remains at August 01 2012; EB-2 China advanced 92 days to October 08 2019; EB-3 China advanced 92 days to September 01 2019; EB-5 China (C5, T5, I5, R5) remains at January 01 2016; All other EB-5 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 AUGUST
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 August, 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 | 63,500 | Except: Algeria 45,000 Egypt 43,200 Morocco 63,400 |
| ASIA | 21,000 | Except: Iran 14,000 Nepal 20,500 |
| EUROPE | 32,000 | Except: Russia 32,000 Uzbekistan 15,000 |
| NORTH AMERICA (BAHAMAS) | Current | |
| OCEANIA | 1,650 | |
| SOUTH AMERICA, and the CARIBBEAN |
2,900 |
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 SEPTEMBER
For September, 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 | Current | Except: Algeria 45,000 Egypt 43,200 Morocco 63,400 |
| ASIA | 21,000 | Except: Iran 16,000 Nepal 21,000 |
| EUROPE | 32,000 | Except: Russia 32,000 Uzbekistan 17,000 |
| NORTH AMERICA (BAHAMAS) | Current | |
| OCEANIA | 2,500 | |
| SOUTH AMERICA, and the CARIBBEAN |
3,150 |
D. FAMILY-SPONSORED SECOND PREFERENCE AVAILABILITY
In the April 2023 Visa Bulletin, it was necessary to establish a final action date in the F2A category and Item D of the July 2023 Visa Bulletin warned of the strong possibility of retrogression as early as August. Number use has remained steady, and it has become necessary to retrogress the final action date to keep number use within the FY-2023 annual limit. F2A numbers exempt from per-country limits are available to applicants from all countries with priority dates earlier than 01SEP16. F2A numbers subject to per-country limits are available to applicants chargeable to all countries except Mexico, with priority dates beginning 01SEP16 and earlier than 08OCT17. All F2A numbers provided for Mexico are exempt from the per-country limit.
Additionally, number use in the F2B category has been steady throughout the fiscal year, and it may become necessary to retrogress the final action dates for Rest of World countries, India, and China in September to keep number use within the FY-2023 annual limit.
These situations will be continually monitored, and any necessary adjustments will be made accordingly.
E. ESTABLISHMENT OF WORLDWIDE EMPLOYMENT-BASED FIRST PREFERENCE (EB-1) FINAL ACTION DATE
Due to steady number use and high demand, it has become necessary to establish an EB-1 final action date for Rest of World countries, Mexico, and Philippines effective in August to hold number use within the maximum allowed under the FY-2023 annual limit. Rest of World countries, Mexico, and Philippines are subject to a final action date of 01AUG23. This situation will be continually monitored, and any necessary adjustments will be made accordingly. It is likely that in October the category will return to “Current” for these countries.
F. RETROGRESSION IN THE EMPLOYMENT-BASED FIRST PREFERENCE (EB-1) FOR INDIA
As readers were informed was possible in the May 2023 Visa Bulletin, it has become necessary to retrogress the EB-1 final action date for India, effective in August. India is oversubscribed, and therefore subject to prorating under INA 202(e). Until now, applicants chargeable to India had been able to receive prior unused numbers within EB-1 under INA 202(a)(5). 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.
G. RETROGRESSION IN THE EMPLOYMENT-BASED THIRD PREFERENCE (EB-3) FOR REST OF WORLD COUNTRIES, MEXICO, AND PHILIPPINES
In the May 2023 Visa Bulletin, the EB-3 final action dates for Rest of World, Mexico, and the Philippines were established to keep number use within the FY 2023 annual limit. This was in part due to higher than expected demand from applicants with priority dates earlier than the established final action dates. The Department and USCIS continue to see increased demand from these applicants, necessitating retrogression. As a result, the Rest of World, Mexico, and Philippines EB-3 final action dates have retrogressed to 01MAY20. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
H. FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV
Department of State Publication 9514
CA/VO: July 7, 2023″