Preliminary consolidated number use by State and USCIS for all of FY-2022 shows there were approximately 57,000 unused family-sponsored visa numbers. 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. The year of entitlement for all applicants registered for the DV-2023 program ends as of September 30, 2023. 2. 6833, enacted on September 30, 2022, extended the Employment Fourth Preference Certain Religious Workers (SR) category until December 16, 2022. A. 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: A. It was necessary to retrogress the final action date for the China-mainland born Employment-Based Fifth Preference unreserved categories due to heavy demand for numbers, primarily for visa issuances abroad. During an interview with Charlie Oppenheim of the State Department, the following statements and predictions were made in relation to employment-based and family-based categories. Visas issued prior to this date will only be issued with a validity date of February 17, 2022, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight February 17, 2022. Numbers could be exhausted prior to September 30. ), B. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows: First:(F1)Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of States National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The Department of State has determined the Family and Employment preference numerical limits for FY-2022 in accordance with the terms of Section 201 of the INA. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. However, higher than expected levels of demand in the Employment First and Employment Second categories has materialized this year, and as a result, fewer additional numbers will be available to India in the Employment Second category than originally estimated when the October and November final action and application filing dates were established. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; B. August 2023 Visa Bulletin Predictions. DATES FOR FILING FAMILY-SPONSOREDVISA APPLICATIONS. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. B.DIVERSITYIMMIGRANT(DV)CATEGORY FOR THE MONTHOF NOVEMBER. Unless otherwise indicated on the U.S. Numbers could be exhausted prior to September 30. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.). Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.S. Department of State of the views or products contained therein. The worldwide level for annual employment-based preference immigrants is at least 140,000. this month for filing applications for adjustment of status with USCIS. 4. 1. DV visas may not be issued to DV-2023 applicants after that date. A closer look According to the State Department's October Visa Bulletin, final action cutoff dates for issuance of an immigrant visa will be as follows: EB-1: All countries, including China and India, will remain current. FINAL ACTION DATES FOREMPLOYMENT-BASEDPREFERENCE CASES. 27 Aug 2021 The U.S. Department of State (DOS) recently held its monthly YouTube program with Charlie Oppenheim, Chief of the Visa Control and Reporting Division. This bulletin summarizes the availability of immigrant numbers during January for: "Final Action Dates" and "Dates for Filing Applications," indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. The Consolidated Appropriations Act, 2022, enacted on March 15, 2022, extended the Employment Fourth Preference Certain Religious Workers (SR) category until September 30, 2022. It is 140,000 per year for employment based (EB) categories + any unused visas in FB categories. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES. Visas issued prior to that date will be valid only until December 15, 2022, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat admitted) into the United States no later than midnight December 15, 2022. The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. No one country can receive more than seven percent of the available diversity visas in any one year. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. Disclaimer: In order to estimate dates, this Site uses the Visa Bulletin data from previous fiscal years and the current fiscal year, and make calculations about possible future dates. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight December 15, 2022. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbersBELOWthe specified allocation cut-off number: Except: Iran 2,500 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. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Employment-based visas In 2021 there are approximately 262,000 employment-based visas. G.RETROGRESSION OF INDIA EMPLOYMENT SECOND PREFERENCE FINAL ACTION ANDAPPLICATION FILING DATES FOR DECEMBER. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of States National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. 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. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. Except for China and India, all countries are subject to a final action date of 01NOV22 and an application filing date of 01DEC22. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. All F2A numbers provided for MEXICO are exempt from the per-country limit. 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. 3. The dependent area limit is set at 2%, or 7,320. 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. CA/VO:October 3, 2022. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. Share sensitive information only on official, secure websites. If there is no legislative action extending this category, the category will become Unavailable effective December 16, 2022. 6119, Further Extending Government Funding Act extended the Employment Fourth Preference Certain Religious Workers (SR) category until February 18, 2022. 5. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. *NOTE: For September, F2A numbersEXEMPT from per-country limitare authorized for issuance to applicants from all countries with priority datesearlierthan 22APR19. FINAL ACTION DATES FOREMPLOYMENT-BASEDPREFERENCE CASES. The remaining 68% are unreserved and are allotted for all other qualified immigrants. 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. Therefore, it has become necessary to establish a final . If a category is designated current, all applicants in the relevant category may file applications, regardless of priority date. * Note: Dates in red indicate that priority went backwards instead of forwards which is known as retrogression. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES. 5. G.VISA AVAILABILITY IN THE EMPLOYMENT FOURTH CATEGORY. If a category is designated current, all applicants in the relevant category may file, regardless of priority date. E. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THETERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA). Beyond the detailed analysis that we shared, this has been stated numerous times by Charlie Oppenheim, who is the head of . The dependent area limit is set at 2%, or 7,320. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. H.R. March 2023 Visa Bulletin Predictions Here are our predictions for the March 2023 visa bulletin: India EB2 will remain the same India EB3 will advance by 1 month Family-based preference categories will begin advancing again, possibly by 1 month for some countries Will India EB2 Receive Spillover Numbers? L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by December8th. B. DATES FOR FILING OF EMPLOYMENT-BASEDVISAAPPLICATIONS. DATES FOR FILING OF EMPLOYMENT-BASEDVISAAPPLICATIONS. this month for filing applications for adjustment of status with USCIS. If there is legislative action extending this category for January, the final action dates would immediately become Current for January for all countries except China-mainland born I5 and R5, which would be subject to a November 22, 2015 final action date. 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: A. The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. The remaining 68% are unreserved and are allotted for all other qualified immigrants. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by September1st. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS. The dependent area limit is set at 2%, or 7,320. Your priority date should be before this date. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbersBELOWthe specified allocation cut-off number: D.EMPLOYMENT-BASED PREFERENCE ANNUAL LIMIT FOR FISCAL YEAR 2023. It marked the beginning of the government's 2023 fiscal year, and a retrogression in India's EB2 category of over 2 years and 8 months was simply not expected, even by experts in the field. F.ESTABLISHMENT OF EMPLOYMENT SECOND PREFERENCE FINAL ACTION AND APPLICATION FILING DATES. 1. November 2022 Visa Bulletin has been officially released (valid from November 1 to November 30 only). The year of entitlement for all applicants registered for the DV-2023 program ends as of September 30, 2023. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of States National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions.