The October 2023 Visa Bulletin was released. There were some significant movements in this month’s Visa Bulletin. Most notably, India EB-1 final action dates advanced by 5 years to January 01 2017, India EB-3 final action dates advanced by 3 years to May 01, 2012, and India EB-1 filing date regressed by 2 years to July 01, 2019. See below for more details
Commentary:
October 2023
Final Action Dates Update
For all countries except India, China, Philippines, and Mexico: F1 category remains at January 01 2015; F2A category advanced 403 days to February 08 2019, F2B remains at September 22 2015, F4 category remains at April 22 2007; EB1 has advanced to Current; EB2 advanced 7 days to July 08 2022; and EB3 advanced 579 days to December 01 2021.
For India only: F2A category advanced 403 days to February 08 2019, F2B remains at September 22 2015, F4 advanced 23 days to October 08 2005; EB1 advanced 1827 days (5 years) to January 01 2017; EB2 advanced 365 days to January 01 2012; EB3 advanced 1216 days (3 years) to May 01 2012; All EB5 visas are current except for Unreserved which advanced 623 days to December 15 2018.
For China only: EB1 advanced 14 days to February 15 2022; EB2 advanced 85 days to October 01 2019; EB3 advanced 122 days to January 01 2020; All EB5 visas are current except for the Unreserved (I5 and R5) which advanced 23 days to October 01 2015.
Vietnam is not individually listed and should use all countries category.
Can file your immigrant applications if PD before:
F2A remains at September 01 2023; F2B remains at January 01 2017 for All Areas, China, and India except Mexico which remains at 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. China’s EB-1 PD advanced 61 days to August 01, 2022. India’s EB-1 regressed 1066 days (3 years) to July 01, 2019; EB-2 PDs advanced 31 days to January 01 2023 for all countries, Mexico, and Philippines except for India whose PD advanced 14 days to May 15 2012 and China whose PD advanced 85 days to January 01 2020; EB-3 PDs regressed by 89 days to February 01 2023 for all countries and Mexico, except for India whose PD remains at August 01 2012, China whose PD advanced 305 days to September 01 2020, and Philippines whose PD regressed by 120 days to January 01 2023; EB-2 India advanced 14 days to May 15 2012; EB-3 India remains at August 01 2012; EB-2 China advanced 85 days to January 01 2020; EB-3 China advanced 305 days to September 01 2020; EB-5 China (C5, T5, I5, R5) advanced 365 days to January 01 2017; All other EB-5 China remain Current; Vietnam is not individually listed and should use the all countries category.
“B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF OCTOBER
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-2024 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 October, immigrant numbers in the DV category are available to qualified DV-2024 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 | 10,000 | Except: Algeria 7,500 Egypt 5,500 Morocco 5,600 |
| ASIA | 2,000 | Except: Iran 1,750 Nepal 1,300 |
| EUROPE | 4,500 | Except: Russia 4,400 Uzbekistan 1,250 |
| NORTH AMERICA (BAHAMAS) | 2 | |
| OCEANIA | 225 | |
| SOUTH AMERICA, and the CARIBBEAN | 375 |
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-2024 program ends as of September 30, 2024. DV visas may not be issued to DV-2024 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2024 principals are only entitled to derivative DV status until September 30, 2024. DV visa availability through the very end of FY-2024 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 NOVEMBER
For November, immigrant numbers in the DV category are available to qualified DV-2024 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 | 10,000 | Except: Algeria 7,500 Egypt 5,500 Morocco 5,600 |
| ASIA | 2,300 | Except: Iran 2,200 Nepal 1,300 |
| EUROPE | 5,000 | Except: Russia 4,750 Uzbekistan 1,250 |
| NORTH AMERICA (BAHAMAS) | 2 | |
| OCEANIA | 300 | |
| SOUTH AMERICA, and the CARIBBEAN | 500 |
D. SCHEDULED EXPIRATION OF THE EMPLOYMENT FOURTH PREFERENCE (SR) RELIGIOUS WORKERS CATEGORY
The Consolidated Appropriations Act, 2023, enacted on December 29, 2022, extended the Employment Fourth Preference Certain Religious Workers (SR) category until September 30, 2023. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2023. Visas issued prior to that date will be valid only until September 29, 2023, 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 September 29, 2023.
The SR category is listed as “Unavailable” for all countries for October. In the event there is legislative action extending the category, it is likely it will become available effective immediately. If extended, the category will be subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.
E. EMPLOYMENT-BASED VISA AVAILABILITY FOR FY-2024
Final action dates across most employment-based visa categories have advanced, reflecting new visa numbers available for FY-2024. Date advancements reflect an intention to keep visa issuance within quarterly limits in accordance with INA sections 201(a)(2) and 203(g), with potential date advancements throughout the fiscal year. However, actual date movements will be dependent on visa demand and issuance patterns throughout FY-2024.
F. 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: September 8, 2023″