The U.S. Department of State (DOS) has released the June 2023 Visa Bulletin.1 U.S. Citizenship and Immigration Services (USCIS) has also confirmed that in June 2023, it will accept employment-based Forms I-485, Applications to Register Permanent Residence or Adjust Status, under the Final Action Dates chart of the Visa Bulletin.2
WHY THIS MATTERS
Each month, the U.S. Department of State releases a Visa Bulletin indicating the availability of statutorily limited visas for prospective immigrants.3 The cut-off dates reflected in the Visa Bulletin, coupled with USCIS’ confirmation of which chart will apply, dictate eligibility to file a Form I-485 application in each month. In addition, the Final Action Dates chart in the applicable Visa Bulletin determines whether a pending Form I-485 or immigrant visa application may be approved.
Employment-Based Preference Category Cut-Off Dates
The Final Action Dates for next month are as follows:
EB-1: All countries of chargeability except the People’s Republic of China (“China”) and India will remain current. The cut-off date for both China and India remains at February 1, 2022
EB-2: The cut-off date for all countries except China and India remains February 15, 2022. The cut-off date for China will remain at June 8, 2019 and the cut-off for India remains at January 1, 2011.
EB-3 Professional and Skilled Workers: The cut-off date for all countries of chargeability except China and India remain at June 1, 2022. China’s cut-off date will remain at April 1, 2019, and India’s cut-off date will remain at June 15, 2012.
EB-3 Other Workers: All countries of chargeability except China and India will have a cut-off date of January 1, 2020. China’s cut-off date will progress to September 1, 2015, and India’s cut-off date will remain at June 15, 2012.
EB-4: The cut-off date for all countries will remain at September 1, 2018.
Certain Religious workers: The cut-off date for all countries will remain at September 1, 2018.
EB-5: Final Action Dates are current for all countries, except for the C5, T5, I5 and R5 programs for China and India. The cut-off date for China remains at September 8, 2015 whereas the cut-off date for India retrogresses to April 1, 2017.
USCIS has announced that in June 2023, it will allow applicants to submit I-485 applications based on the Final Action Dates Chart.
The cut-off dates for the employment-based Final Action Dates chart of the June 2023 Visa Bulletin are the following4:
EB-1: All countries of chargeability except China and India will remain current. The cut-off date for both China and India remains at February 1, 2022.
EB-2: The cut-off date for all countries except China and India remains February 15, 2022. The cut-off date for China will remain at June 8, 2019, and the cut-off for India remains at January 1, 2011.
EB-3 Professional and Skilled Workers: The cut-off date for all countries of chargeability except China and India remain at June 1, 2022. China’s cut-off date will remain at April 1, 2019, and India’s cut-off date will remain at June 15, 2012.
EB-3 Other Workers: All countries of chargeability except China and India will have a cut-off date of January 1, 2020. China’s cut-off date will progress to September 1, 2015, and India’s cut-off date will remain at June 15, 2012.
EB-4: The cut-off date for all countries will remain at September 1, 2018.
Certain Religious workers: The cut-off date for all countries will remain at September 1, 2018.
EB-5: Final Action Dates are current for all countries, except for the C5, T5, I5 and R5 programs for China and India. The cut-off date for China remains at September 8, 2015, whereas the cut-off date for India retrogresses to April 1, 2017.
The Department State has also provided the following guidance regarding visa availability for various employment-based categories5:
EB-3: India: High demand in the EB-3 category for India will likely lead to retrogression of the EB-3 final action date for India as early as next month. This will be necessary in order to hold visa number use within the maximum allowed under the FY-2023 annual limit.
EB-5: India: Number use for both family and employment preference categories has been high; thus subject to prorating under INA 202(e), it has been determined that India is approaching its prorated limit for EB-5 numbers. As a result, applicants from India under this category are subject to a final action date of April 1, 2017.
FOOTNOTES
1 U.S. Department of State website.
2 See the “Adjustment of Status Filing Charts from the Visa Bulletin” page on the USCIS website.
3 For our prior coverage of the March 2023 Visa Bulletin, read GMS Flash Alert 2023-41, February 22, 2023.
4 U.S. Department of State website.
5 Id.
* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Canada.
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