September 2023 Visa Bulletin
The September 2023 Visa Bulletin was released. There were no significant movements in this month's Visa Bulletin. India EB-1 final action dates remain at January 01 2012. See below for more details
Commentary:
September 2023
Final Action Dates Update
For all countries except India, China, Philippines, and Mexico: F1 category remains at January 01 2015; F2A category advanced 85 days to January 01 2018, F2B remains at September 22 2015, F4 category remains at April 22 2007; EB1 has changed from current to August 01, 2023; EB2 advanced 91 days to July 01 2022; and EB3 remains at May 01 2020.
For India only: F2A category advanced 85 days to January 01 2018, F2B remains at September 22 2015, F4 remains at September 15 2005; EB1 remains at January 01 2012; EB2 remains at January 01 2011; EB3 remains at January 01 2009; All EB5 visas are current except for Unreserved which remains at April 01 2017.
For China only: EB1 remains at February 01 2022; EB2 remains at July 08 2019; EB3 advanced 92 days to September 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 regressed to 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 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 remains at 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 61 days to November 01 2019; EB-2 India remains at May 01 2012; EB-3 India remains at August 01 2012; EB-2 China remains at October 08 2019; EB-3 China advanced 61 days to November 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.
"B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF SEPTEMBER
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 54,833. 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 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:
RegionAll 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
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 OCTOBER
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:
RegionAll 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
D. DIVERSITY VISA LOTTERY 2024 (DV-2024) RESULTS
The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the selectees who are eligible to participate in the DV-2024 Diversity Visa (DV) program. Random selection of DV participants was conducted under the terms of section 203(c) of the Immigration and Nationality Act, which makes up to *55,000 permanent resident visas available annually to persons from countries with low rates of immigration to the United States. Approximately 143,000 prospective applicants (i.e., selectees and their spouses and children) have been registered, can confirm their selection, and may be eligible to make an application for an immigrant visa. Since selection is random and blind to the number of family members who might immigrate with the selectee, and it is likely that some of the selectees will not complete their cases or will be found ineligible for a visa, this larger figure should ensure that all DV-2024 numbers can be used during fiscal year 2024 (FY24: October 1, 2023, until September 30, 2024).
Entrants registered for the DV-2024 program were selected at random from 22,185,619 qualified entries received during the 35-day application period that ran from noon, Eastern Daylight Time on Wednesday, October 5, 2022, until noon, Eastern Standard Time on Tuesday, November 8, 2022. The visas will be apportioned among the six geographic regions to ensure a maximum of seven percent are issued to persons chargeable to any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete all required steps.
Selectees who are physically present with legal status in the United States may apply to adjust their status by first contacting the U.S. Citizenship and Immigration Services for information on the requirements and procedures. Once the total *55,000 visa numbers have been used, the program for fiscal year 2024 will end. Selectees who do not receive visas or status by September 30, 2024, will derive no further benefit from their DV-2024 registration. Similarly, spouses and children accompanying or following to join DV-2024 principal applicants are only entitled to derivative DV status until September 30, 2024.
Dates for the DV-2025 program registration period will be widely publicized in the coming months. Those interested in entering the DV-2025 program should check the Department of State’s Diversity Visa web page in the coming months.
*The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulated that up to 5,000 of the 55,000 annually-allocated diversity visas be made available for use under the NACARA program. This will result in reduction of the DV-2024 annual limit to approximately 54,850.
The following is the statistical breakdown by foreign state of chargeability of those registered for the DV-2024 program:
AFRICA
ALGERIA 5,142
ERITREA 211
MOZAMBIQUE 7
ANGOLA 582
ESWATINI 2
NAMIBIA 10
BENIN 1,002
ETHIOPIA 3,034
NIGER 93
BOTSWANA 16
GABON 86
RWANDA 1,604
BURKINA FASO 191
GAMBIA, THE 156
SENEGAL 504
BURUNDI 876
GHANA 2,088
SIERRA LEONE 735
CABO VERDE 15
GUINEA 1,362
SOMALIA 2,383
CAMEROON 3,485
GUINEA-BISSAU 21
SOUTH AFRICA 199
CENTRAL AFRICAN REPUBLIC 30
KENYA 3,760
SOUTH SUDAN 59
CHAD 490
LIBERIA 2,208
SUDAN 5,435
COMOROS 10
LIBYA 257
TANZANIA 348
CONGO, DEMOCRATIC REPUBLIC OF THE 2,580
MADAGASCAR 25
TOGO 2,105
CONGO, REPUBLIC OF THE 660
MALAWI 42
TUNISIA 221
COTE D’IVOIRE 672
MALI 119
UGANDA 1,515
DJIBOUTI 333
MAURITANIA 274
ZAMBIA 85
EGYPT 5,509
MAURITIUS 4
ZIMBABWE 216
EQUATORIAL GUINEA 19
MOROCCO 4,250
ASIA
AFGHANISTAN 4,536
JORDAN 1,188
SAUDI ARABIA 619
BAHRAIN 8
KUWAIT 162
SINGAPORE 6
BHUTAN 347
LAOS 27
SRI LANKA 2,622
BURMA 1,667
LEBANON 214
SYRIA 692
CAMBODIA 340
MALAYSIA 32
TAIWAN 279
INDONESIA 104
MALDIVES 1
THAILAND 467
IRAN 5,077
MONGOLIA 300
UNITED ARAB EMIRATES 211
IRAQ 1,348
NEPAL 3,863
YEMEN 3,485
ISRAEL 71
OMAN 20
JAPAN 200
QATAR 74
EUROPE
ALBANIA 2,667
GREECE 66
NORWAY 9
ANDORRA 2
HUNGARY 102
POLAND 497
ARMENIA 3,869
ICELAND 5
PORTUGAL 39
AUSTRIA 34
IRELAND 18
Macau 4
AZERBAIJAN 2,046
ITALY 256
ROMANIA 267
BELARUS 2,418
KAZAKHSTAN 2,728
RUSSIA 5,514
BELGIUM 35
KOSOVO 463
SERBIA 186
BOSNIA AND HERZEGOVINA 31
KYRGYZSTAN 4,464
SLOVAKIA 33
BULGARIA 142
LATVIA 97
SLOVENIA 2
CROATIA 30
LITHUANIA 106
SPAIN 137
CYPRUS 25
MALTA 1
SWEDEN 31
CZECH REPUBLIC 46
MOLDOVA 950
SWITZERLAND 30
DENMARK 16
MONACO 1
TAJIKISTAN 3,580
ESTONIA 33
MONTENEGRO 21
TURKEY 3,684
FINLAND 29
NETHERLANDS 39
TURKMENISTAN 1,313
FRANCE 327
Aruba 1
UKRAINE 4,286
French Polynesia 1
Curacao 1
UZBEKISTAN 5,555
New Caledonia 4
Sint Maarten 1
GEORGIA 3,194
NORTH MACEDONIA 258
GERMANY 466
NORTHERN IRELAND 1
NORTH AMERICA
BAHAMAS, THE 15
OCEANIA
AUSTRALIA 795
NAURU 32
SOLOMON ISLANDS 22
Christmas Island 1
NEW ZEALAND 256
TONGA 246
Cocos Keeling Islands 3
Cook Islands 69
TUVALU 11
FEDERATED STATES OF MICRONESIA 1
PAPUA NEW GUINEA 15
VANUATU 29
FIJI 2,936
REPUBLIC OF PALAU 4
KIRABATI 21
SAMOA 9
SOUTH AMERICA
ANTIGUA AND BARBUDA 1
CUBA 3,081
PARAGUAY 9
ARGENTINA 127
DOMINICA 6
PERU 742
BARBADOS 4
ECUADOR 814
SAINT LUCIA 3
BELIZE 5
GUATEMALA 146
SAINT VINCENT AND THE GRENADINES 2
BOLIVIA 85
GUYANA 9
TRINIDAD AND TOBAGO 37
CHILE 51
NICARAGUA 117
URUGUAY 7
COSTA RICA 68
PANAMA 17
Natives of the following countries were not eligible to participate in DV-2024: Bangladesh, Brazil, Canada, China (including Hong Kong SAR), Colombia, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, Venezuela, and Vietnam.
E. AVAILABILITY OF EMPLOYMENT-BASED VISAS DURING SEPTEMBER
Employment-based number use by both USCIS and Department of State has been steady during the fiscal year. As a result, most employment-based preference category limits and/or the overall employment-based preference limit for FY 2023 are expected to be reached during September. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.
F. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)
The State Department is required to make the determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (USCIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the USCIS data, the Visa Office (VO) bases allocations on reasonable estimates of the anticipated amount of visa numbers to be available under the annual limits, in accordance with Section 203(g) of the INA. On August 2nd, USCIS provided the required data to the VO.
The Department of State has determined the Family and Employment preference numerical limits for FY-2023 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2023 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 197,091
Under INA Section 202(a), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2023 the per-country limit is 29,616. The dependent area annual limit is 2%, or 8,462.
G. 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: August 4, 2023"
Written by
Watson Immigration LawImmigration Attorney at Watson Immigration Law, specializing in business and investor immigration.