Your Guide to the September 2023 Visa Bulletin

In this blog post, we summarize the movement of the family-sponsored and employment-based preference categories of the September Visa Bulletin.

This information will be helpful to those applying for an immigrant visa at a U.S. Consulate overseas, and those applying for adjustment of status to permanent residence in the United States.

Overview

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. The purpose of the visa bulletin is to inform immigrants who are subject to the numerical quota system of when they are eligible to apply for an immigrant visa or adjustment of status application. Applicants can determine their place in line by looking at the priority date on their underlying immigrant petition. Applicants with a priority date that is “current” on the Visa Bulletin can move forward with the immigration process, because that means a visa number is available to them.

What are the preference categories that are subject to the numerical limitations?

The Family Sponsored Preference Categories and their annual limits are as follows:

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

(F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
(F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

The Employment-Based Preference Categories and their annual limits are as follows:

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.

Highlights of the September 2023 Visa Bulletin

Employment Based Categories

Final Action cutoff dates – Movement in September:

EB-2: will advance for all countries except India and China, by three months to July 1, 2022.
EB-3: EB-3 China Professional/Skilled Worker will advance by three months, to September 1, 2019
All other employment-based Final Action Dates remain unchanged from the August Visa Bulletin

Family-sponsored categories

Dates for Filing cutoff dates – Advancements in September:

The family-sponsored Dates for Filing remain unchanged from the August visa bulletin except the F2A dates for filing has a new cutoff date of September 1, 2023 for all categories

Adjustment of Status Filing Chart September 2023

The U.S. Citizenship and Immigration Services (USCIS) has published guidance indicating that USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s September 2023 Visa Bulletin.

For family-sponsored filings, USCIS will accept adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s September 2023 Visa Bulletin.

You may also find the Adjustment of Status USCIS Filing Charts here:

USCIS September 2023 Adjustment of Status Filing Charts

September 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 September 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 the month of September:

EB-1: The category remains unchanged from the August Visa Bulletin. China will remain at February 1, 2022, India will remain at January 1, 2012. All other countries remain at August 1, 2023.
EB-2: India will remain at January 1, 2011. China will remain at July 8, 2019. All other countries will advance by 3 months to July 1, 2022
EB-3 Professionals and Skilled Workers: India will remain at January 1, 2009. China will advance by 3 months to September 1, 2019. All other countries will remain at May 1, 2020
EB-3 Other Workers: India will remain at January 1, 2009, China will remain at September 1, 2015. All other countries will remain at May 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), India will remain at April 1, 2017, and China will remain at September 8, 2015. 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	01AUG23	01FEB22	01JAN12	01AUG23	01AUG23
2nd	01JUL22	08JUL19	01JAN11	01JUL22	01JUL22
3rd	01MAY20	01SEP19	01JAN09	01MAY20	01MAY20
Other Workers	01MAY20	01SEP15	01JAN09	01MAY20	01MAY20
4th	01SEP18	01SEP18	01SEP18	01SEP18	01SEP18
Certain Religious Workers	01SEP18	01SEP18	01SEP18	01SEP18	01SEP18
5th Unreserved (including C5, T5, I5, R5)	C	08SEP15	01APR17	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 September 2023

EB-1

Unchanged from August

China: February 1, 2022
India: January 1, 2012
All other countries: August 1, 2023

EB-2

China: July 8, 2019
India: January 1, 2011
All other countries: July 1, 2022 (Advancement of 3 months)

EB-3 Professionals and Skilled Workers

Unchanged from August

China: June 1, 2019
India: January 1, 2009
All other countries: May 1, 2020

EB-3 Other Workers

Unchanged from August

China: September 1, 2015
India: January 1, 2009
All other countries: May 1, 2020

EB-4

Unchanged from August

All countries: September 1, 2018

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

Unchanged from August

China: September 8, 2015
India: April 1, 2017
All other countries: Current

EB-5 Set-Asides

Unchanged from August

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

According to the Department of State’s September 2023 Visa Bulletin, the following Dates for Filing cutoff dates will apply for employment-based categories:

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	01JUN22	01JUN22	C	C
2nd	01DEC22	08OCT19	01MAY12	01DEC22	01DEC22
3rd	01MAY23	01SEP19	01AUG12	01MAY23	01MAY23
Other Workers	01JUN20	01JAN16	01AUG12	01JUN20	01JUN20
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 September 2023

EB-1

Unchanged from August

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

EB-2

Unchanged from August

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

EB-3 Professionals and Skilled Workers

China: November 1, 2019 (advancement)
India: August 1, 2012
All other countries: May 1, 2023

EB-3 Other Workers

Unchanged from August

China: January 1, 2016
India: August 1, 2012
All other countries: June 1, 2020

EB-4

Unchanged from August

All countries: October 1, 2018

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

Unchanged from August

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

EB-5 Set-Asides

Unchanged from August

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

Family-Sponsored Categories

DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES

According to the Department of State’s September 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 September:

F-1 Mexico will remain at April 1, 2005
F-1 Philippines will remain at April 22, 2015
F-1 China, India, Worldwide will remain at September 1, 2017
F2A has a new cutoff date of September 1, 2023 for all categories
F2B Mexico will remain at August 1, 2004
F2B Philippines will remain at October 1, 2013
F2B China, India, Worldwide will remain at January 1, 2017
F3 China, India, Worldwide will remain at March 1, 2010
F3 Mexico will remain at June 15, 2001
F3 Philippines will remain at November 8, 2003
F4 China, Worldwide will remain at March 1, 2008
F4 India will remain at February 22, 2006
F4 Mexico will remain at April 15, 2001
F4 Philippines will remain at April 22, 2004

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01SEP17	01SEP17	01SEP17	01APR05	22APR15
F2A	01SEP23	01SEP23	01SEP23	01SEP23	01SEP23
F2B	01JAN17	01JAN17	01JAN17	01AUG04	01OCT13
F3	01MAR10	01MAR10	01MAR10	15JUN01	08NOV03
F4	01MAR08	01MAR08	22FEB06	15APR01	22APR04

Dates for Filing September 2023

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

Unchanged from August

China, India, World: September 1, 2017
Mexico: April 1, 2005
Philippines: April 22, 2015

F-2A Spouses and Children of Permanent Residents

Cutoff date imposed for all countries of September 1, 2023

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

Unchanged from August

China, India, World: January 1, 2017
Mexico: August 1, 2004
Philippines: October 1, 2013

F3 Married Sons and Daughters of U.S. Citizens

Unchanged from August

China, India, World: March 1, 2010
Mexico: June 15, 2001
Philippines: November 8, 2003

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

Unchanged from August

China, World: March 1, 2008
India: February 22, 2006
Mexico: April 15, 2001
Philippines: April 22, 2004

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

According to the Department of State’s September 2023 Visa Bulletin, the following Final Action cutoff dates will apply for family-sponsored categories:

Unchanged from August

F1 China, India, Worldwide will remain at January 1, 2015
F1 Mexico will remain at April 22, 2001
F1 Philippines will remain at March 1, 2012

F2A China, India, Worldwide will advance to January 1, 2018
F2A Mexico will remain at September 1, 2016
F2A Philippines will advance to January 1, 2018
F2B China, India, Worldwide will remain at September 22, 2015
F2B Mexico will remain at August 1, 2001
F2B Philippines will remain at October 22, 2011

Unchanged from August

F3 China, India, Worldwide will remain at January 8, 2009
F3 Mexico will remain at January 15, 1998
F3 Philippines will remain at June 8, 2002

Unchanged from August

F4 China and World will remain at April 22, 2007
F4 India will remain at September 15, 2005
F4 Mexico will remain at August 1, 2000
F4 Philippines will remain at August 22, 2002

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	01JAN15	01JAN15	01JAN15	22APR01	01MAR12
F2A	01JAN18	01JAN18	01JAN18	01SEP16	01JAN18
F2B	22SEP15	22SEP15	22SEP15	01AUG01	22OCT11
F3	08JAN09	08JAN09	08JAN09	15JAN98	08JUN02
F4	22APR07	22APR07	15SEP05	01AUG00	22AUG02

The Takeaway

In the employment-based preference categories, the final action dates for all countries except India and China will advance by 3 months to July 1, 2022, in the month of September. EB-3 China Professional/Skilled Workers will also advance by 3 months to September 1, 2019. All other preference categories are unchanged from the August Visa Bulletin.

The September Visa Bulletin also confirms that in Fiscal Year 2023, the annual limit for employment-based visas is 197,091.

For the family-sponsored categories, the dates for filing chart remains nearly unchanged from the August Visa Bulletin, except for the F2A category where a cutoff date of September 1, 2023, has been imposed for all countries.

In the final action date chart, F2A China, India, and Worldwide will advance to January 1, 2018, and F2A Philippines will advance to January 1, 2018. All other family preference categories are unchanged from the August Visa Bulletin.

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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