All About the April 2023 Visa Bulletin

In this blog post, we discuss major changes in the April 2023 Visa Bulletin for both family-sponsored and employment-based categories.

To help you prepare for your upcoming immigrant visa or green card filing, we share what you can expect to see in the employment based and family preference categories for the month of April.

Before we dive in, here are some of the highlights:

For employment-based preference adjustment of status filings, USCIS will use the Final Action Dates chart, putting applicants at a disadvantage given that the Dates for Filing chart has been more flexible
EB-1A India and China maintains a Final Action cutoff date of February 1, 2022
EB-2 Worldwide Final Action date will retrogress to July 1, 2022 (4 months)
EB-2 India Final Action date will retrogress to January 1, 2011 (8 months)
EB-2 China Final Action date will remain at June 8, 2019
The F-2A category Final Action date (spouses and unmarried children under age 21 of U.S. green card holders) is no longer current for the first time in several years.

What is the Visa Bulletin?

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories.

To be eligible to file an employment-based adjustment of status application in April 2023, foreign nationals must have priority dates that are earlier than the Final Action Dates chart of the Department of State’s April Visa Bulletin.

Family-sponsored applicants currently residing in the United States, may file for adjustment of status once their priority dates become current, following the Dates for Filing chart according to the adjustment of status filing guidance published by the U.S. Citizenship and Immigration Services (USCIS).

Adjustment of Status Filing Chart April 2023

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the Dates for Filing chart in the Department of State Visa Bulletin for April 2023.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for April 2023.

USCIS April 2023 Adjustment of Status Filing Charts

April 2023 Visa Bulletin Dates for Filing Cutoff Dates

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s April 2023 Visa Bulletin, the following Final Action cutoff dates will apply for employment-based categories, which will determine whether an adjustment of status application can be filed with USCIS in April:

EB-1: All countries will remain current, except for India and China, which will have a cutoff date of February 1, 2022
EB-2: India will retrogress by 8 months to January 1, 2011. China will remain at June 8, 2019. All other countries will retrogress by 4 months to July 1, 2022
EB-3 Professionals and Skilled Workers: India will remain at June 15, 2012, and China will advance by 3 months to November 1, 2018. All other countries will remain current.
EB-3 Other Workers: India will remain at June 15, 2012. China will advance to October 1, 2014. All other countries will remain at January 1, 2020.
EB-4: All countries will remain at September 1, 2018
EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), China will remain at July 8, 2015, and India will remain at June 1, 2018, and all other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	01FEB22	01FEB22	C	C
2nd	01JUL22	08JUN19	01JAN11	01JUL22	01JUL22
3rd	C	01NOV18	15JUN12	C	C
Other Workers	01JAN20	01OCT14	15JUN12	01JAN20	01JAN20
4th	01SEP18	01SEP18	01SEP18	01SEP18	01SEP18
Certain Religious Workers	01SEP18	01SEP18	01SEP18	01SEP18	01SEP18
5th Unreserved (including C5, T5, I5, R5)	C	08JUL15	01JUN18	C	C
5th Set Aside: Rural (20%)	C	C	C	C	C
5th Set Aside: High Unemployment (10%)	C	C	C	C	C
5th Set Aside: Infrastructure (2%)	C	C	C	C	C

*EMPLOYMENT-BASED FOURTH PREFERENCE CATEGORY (EB-4)

Beginning with the April 2023 Visa Bulletin, the final action and application filing dates for the Employment-Based Fourth Preference (EB-4) immigrant visa applicants from El Salvador, Guatemala, and Honduras are now provided in the column headed “All Chargeability Areas Except Those Listed.” This means that such countries have now been consolidated in that column. This change affects only EB-4 applicants.

Final Action Dates for April 2023

EB-1

China: February 1, 2022
India: February 1, 2022
All other countries: Current

EB-2

China: June 8, 2019
India: January 1, 2011
All other countries: July 1, 2022

EB-3 Professionals and Skilled Workers

China: November 1, 2018
India: June 15, 2012
All other countries: Current

EB-3 Other Workers

China: October 1, 2014
India: June 15, 2012
All other countries: January 1, 2020

EB-4

All Countries: September 1, 2018

EB-5 Unreserved (Regional Center and Non-Regional Center)

China: July 8, 2015
India: June 1, 2018
All other countries; Current

EB-5 Set-Asides

Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries

DATES FOR FILING CHART FOR EMPLOYMENT-BASED PREFERENCE CASES

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	01JUN22	01JUN22	C	C
2nd	01DEC22	08JUL19	01MAY12	01DEC22	01DEC22
3rd	C	01FEB19	01AUG12	C	C
Other Workers	01FEB20	01NOV15	01AUG12	01FEB20	01FEB20
4th	01OCT18	01OCT18	01OCT18	01OCT18	01OCT18
Certain Religious Workers	01OCT18	01OCT18	01OCT18	01OCT18	01OCT18
5th Unreserved (including C5, T5, I5, R5)	C	01JAN16	08DEC19	C	C
5th Set Aside: (Rural – 20%)	C	C	C	C	C
5th Set Aside: (High Unemployment – 10%)	C	C	C	C	C
5th Set Aside: (Infrastructure – 2%)	C	C	C	C	C

Dates for Filing for April 2023

EB-1

China: June 1, 2022
India: June 1, 2022
All other countries: Current

EB-2

China: July 8, 2019
India: May 1, 2012
All other countries: December 1, 2022

EB-3 Professionals and Skilled Workers

China: February 1, 2019
India: August 1, 2012
All other countries: Current

EB-3 Other Workers

China: November 1, 2015
India: August 1, 2012
All other countries: February 1, 2020

EB-4

All countries: October 1, 2018

EB-5 Unreserved (Regional Center and Non-Regional Center)

China: January 1, 2016
India: December 8, 2019
All other countries: Current

EB-5 Set-Asides

Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries

Employment-Based Summary

As predicted in the March 2023 Visa Bulletin, the increase in demand in the EB-2 category required corrective action, leading the State Department to retrogress final action dates in the EB-2 category for all countries, except for China. This has been done to maintain immigrant visa number usage within the annual numerical limits set for 2023.

It was also predicted that a Final Action date on EB-3 Professional/Skilled Workers might occur, but this did not materialize in the month of April. Another major change introduced by USCIS was returning to the Final Action Dates chart for employment-based adjustment of status applications.

Family-Sponsored Categories

DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES

According to the Department of State’s April 2023 Visa Bulletin, the following Dates for Filing cutoff dates will apply for family-sponsored categories, which will determine whether an adjustment of status application can be filed with USCIS in April:

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	08AUG16	08AUG16	08AUG16	01DEC02	22APR15
F2A	C	C	C	C	C
F2B	01JAN17	01JAN17	01JAN17	01JAN02	01OCT13
F3	08NOV09	08NOV09	08NOV09	15JUN01	08NOV03
F4	15DEC07	15DEC07	22FEB06	01APR01	22APR04

Dates for Filing April 2023

F-1 Unmarried Sons and Daughters of U.S. Citizens

China, India, World: August 8, 2016
Mexico: December 1, 2002
Philippines: April 22, 2015

F-2A Spouses and Children of Permanent Residents

Current for all countries

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

China, India, World: January 1, 2017
Mexico: January 1, 2002
Philippines: October 1, 2013

F3 Married Sons and Daughters of U.S. Citizens

China, India, World: November 8, 2009
Mexico: June 15, 2001
Philippines: November 8, 2003

F-4 Brothers and Sisters of Adult U.S. Citizens

China, World: December 15, 2007
India: February 22, 2006
Mexico: April 1, 2001
Philippines: April 22, 2004

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	01DEC14	01DEC14	01DEC14	01APR01	01MAR12
F2A	08SEP20	08SEP20	08SEP20	01NOV18	08SEP20
F2B	22SEP15	22SEP15	22SEP15	01JUN01	22OCT11
F3	22NOV08	22NOV08	22NOV08	01NOV97	08JUN02
F4	22MAR07	22MAR07	15SEP05	01AUG00	22AUG02

Final Action Dates April 2023

*F2A Final Action Cutoff Dates, No Longer Current

F-1 Unmarried Sons and Daughters of U.S. Citizens

China, India, World: December 1, 2014
Mexico: April 1, 2001
Philippines: March 1, 2012

F-2A Spouses and Children of Permanent Residents

China, India, World: September 8, 2020
Mexico: November 1, 2018
Philippines: September 8, 2020

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

China, India, World: September 22, 2015
Mexico: June 1, 2001
Philippines: October 22, 2011

F3 Married Sons and Daughters of U.S. Citizens

China, India, World: November 22, 2008
Mexico: November 1, 1997
Philippines: June 8, 2002

F-4 Brothers and Sisters of Adult U.S. Citizens

China, World: March 22, 2007
India: September 15, 2005
Mexico: August 1, 2000
Philippines: August 22, 2002

Family-Sponsored Summary

One of the most significant changes in the family-sponsored preference categories in the month of April is the corrective action taken on the F2A category in the form of a Final Action cutoff date applied to spouses and children (under age 21) of permanent residents for all countries.

Unfortunately, due to the increasing backlog of cases in this category, after being current for several years, the F2A category is no longer current on the Final Action Dates chart.

NOTE: Although the “Final Action Dates” are no longer current, the “Dates for Filing” have remained current for the F-2A category. This means that spouses and unmarried children of U.S. green card holders can still file their green card applications, since USCIS is using the Dates for Filing Chart for adjustment of status filings.

However, these cases will NOT be adjudicated until the priority date is current. For Mexican applicants, the “Final Action Date” (or priority date) has retrogressed to November 1, 2018, and for all other applicants, the “Final Action Date” has retrogressed to September 8, 2020.

This change will result in a substantial increase in wait times for green cards to be adjudicated under the F-2A category.

The Takeaway

In a nutshell, the imposition of final action cutoff dates in the F2A category, and retrogression in the EB-2 category will mean more delays in green card and immigrant visa processing. Another major change seen in the April Visa Bulletin, is the consolidation of the EB-4 category, including El Salvador, Guatemala, and Honduras now absorbed into the “All Chargeability Aras Except Those Listed,” column on the Visa Bulletin.

On the part of USCIS, employment-based adjustment of status applicants have been put at a disadvantage, considering that the agency will now use the Final Action Dates Chart in the April 2023 Visa Bulletin for adjustment of status filings. This is unwelcome news, because the Final Action Dates chart is less generous than the Dates for Filing Chart previously in use by USCIS.

As always, we will continue to monitor the trends and progressions of the Visa Bulletin and report them right here on our blog.

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