Visa Bulletin for August 2023

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."