Your Guide to the May 2023 Visa Bulletin

It’s that time of the month again. The Department of State has released the May 2023 Visa Bulletin, giving you the latest updates on visa availability for family-sponsored and employment-based preference categories.

To help you prepare for your upcoming immigrant visa or green card filing, we share what you can expect to see in the upcoming month’s visa bulletin.

Here are some of the highlights from the May 2023 Visa Bulletin:

For employment-based preference adjustment of status filings, USCIS will continue to use the Final Action Dates chart, as they did in April.
For the month of May, EB-1 India and China will maintain their Final Action cutoff date of February 1, 2022, and Dates for Filing cutoff date of June 1, 2022. All other countries remain current. DOS warns applicants that cutoff dates for EB1 China and India will likely retrogress in the near future.
For the month of May, the EB-2 India Final Action and Dates for Filing cutoff dates will remain at January 1, 2011, and May 1, 2012, respectively.
For all other countries, except China and India, the EB-2 Final Action cutoff date will retrogress by four and a half months to February 15, 2022. Their Dates for Filing cutoff date will remain at December 1, 2022.
In May, the EB-3 China Professional/Skilled Worker category will advance by five months to April 1, 2019, for Final Action, and by four months to June 1, 2019 for Dates for Filing.
The EB-3 India Professional/Skilled Worker Final Action date will remain at June 15, 2012, and the Dates for Filing cutoff will remain at August 1, 2012.
Future retrogressions are expected for EB-1 India and China in the coming months, as well as EB-2 and EB-5 India as early as June.

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 May 2023, foreign nationals must have priority dates that are earlier than the Final Action Dates chart of the Department of State’s May 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 May 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 May 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 May 2023.

USCIS May 2023 Adjustment of Status Filing Charts

May 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 May 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 May:

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 remain at January 1, 2011. China will remain at June 8, 2019. All other countries will retrogress by 4 months and a half months to February 15, 2022.
EB-3 Professionals and Skilled Workers: India will remain at June 15, 2012, and China will advance by 5 months to April 1, 2019. All other countries will be subject to a Final Action Date, at June 1, 2022.
EB-3 Other Workers: India will remain at June 15, 2012. China will advance to April 15, 2015. 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 advance to September 8, 2015, and India will remain at June 1, 2018. 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	15FEB22	08JUN19	01JAN11	15FEB22	15FEB22
3rd	01JUN22	01APR19	15JUN12	01JUN22	01JUN22
Other Workers	01JAN20	15APR15	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	08SEP15	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 May 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: February 15, 2022 (retrogression)

EB-3 Professionals and Skilled Workers

China: April 1, 2019
India: June 15, 2012
All other countries: June 1, 2022 (cutoff date applied)

EB-3 Other Workers

China: April 15, 2015
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: September 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	01MAY23	01JUN19	01AUG12	01MAY23	01MAY23
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 May 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: June 1, 2019
India: August 1, 2012
All other countries: May 1, 2023

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

Several concerning matters have been raised by the May Visa Bulletin. The State Department has established an EB-3 Professional/Skilled Workers Worldwide Final Action cutoff date and has retrogressed the EB-2 Worldwide category.

Making matters worse, the State Department anticipates that retrogression will be necessary in the EB-2 India and EB-5 India categories as early as June due to increasingly high demand. The State Department notes that every effort will be made in October 2023 to return Final Action Dates for these categories to at least their April dates.

The May Bulletin also predicts that Final Action Dates for EB-1 India and China will most likely be retrogressed in the coming months as a result of increased EB-1 use from other countries, and that that there will likely need to be retrogression in the EB-3 Other Worker category for all countries except China and India.

Family-Sponsored Categories

DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES

According to the Department of State’s May 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 May:

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01JAN17	01JAN17	01JAN17	01DEC02	22APR15
F2A	C	C	C	C	C
F2B	01JAN17	01JAN17	01JAN17	01JAN02	01OCT13
F3	08FEB10	08FEB10	08FEB10	15JUN01	08NOV03
F4	01FEB08	01FEB08	22FEB06	01APR01	22APR04

Dates for Filing May 2023

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

China, India, World: January 1, 2017
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: February 8, 2010
Mexico: June 15, 2001
Philippines: April 22, 2004

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

China, World: February 1, 2008
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	15DEC14	15DEC14	15DEC14	01APR01	01MAR12
F2A	08SEP20	08SEP20	08SEP20	01NOV18	08SEP20
F2B	22SEP15	22SEP15	22SEP15	01JUN01	22OCT11
F3	08DEC08	08DEC08	08DEC08	01NOV97	08JUN02
F4	08APR07	08APR07	15SEP05	01AUG00	22AUG02

Final Action Dates May 2023

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: December 8, 2008
Mexico: November 1, 1997
Philippines: June 8, 2002

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

China, World: April 8, 2007
India: September 15, 2005
Mexico: August 1, 2000
Philippines: August 22, 2002

The Takeaway

The May Visa Bulletin showed little movement in the family-sponsored preference categories when compared to the April Visa Bulletin.

The employment-based preference categories saw major retrogressions including an EB-3 Professional/Skilled Workers Worldwide Final Action cutoff date, and retrogression to the EB-2 Worldwide category by four and a half months to February 15, 2022. More blunders are expected, considering that the State Department predicts that retrogression will be necessary in the EB-2 India and EB-5 India categories as early as the month of June. However, the agency will do its best to return Final Action Dates for these categories at least to their April dates by October 2023.

The State Department also predicts that Final Action Dates for EB-1 India and China will need to be retrogressed in the near future as a result of increased EB-1 use from other countries. This will also likely impact the EB-3 Other Workers Category causing retrogression for all countries except China and India in the near future.

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

Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.

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