US Department of State Releases January 2023 Visa Bulletin

The US Citizenship and Immigration Services will use the Dates for Filing Chart in January 2023. Due to increased demand, an EB-1 cutoff date has been established for China and India. There are no other changes to the January 2023 Visa Bulletin.

The US Department of State has released its January 2023 Visa Bulletin, outlining per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status application and consular immigrant visa application filings and approvals.

What Does the January 2023 Visa Bulletin Say?

The bulletin includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustments of status or immigrant visas, and the latter indicates when adjustment of status applications or immigrant visa applications may be approved, and permanent residence granted.

Each month, the US Citizenship and Immigration Services (USCIS) chooses which chart it will follow. For January 2023, the USCIS will follow the Dates for Filing chart for employment-based (EB) filings for adjustment of status. This means that individuals seeking to file applications for adjustment of status with the USCIS in January 2023 must use the Dates for Filing chart below.

Dates for Filing Cutoff Dates

To be eligible to file an EB adjustment application in January 2023, a foreign national must have a priority date that is earlier than the date listed below for their preference category and country. The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date that is earlier than the listed date may file their applications.

Employment-Based First Preference (EB-1)

The USCIS has established priority date cutoffs for China and India EB-1. The EB-1 cutoff date will be June 1, 2022. This means that as of January 1, 2023, China and India EB-1 applicants who have approved I-140 Immigrant Visa petitions with a priority date before June 1, 2022, can file their I-485 applications with the USCIS. Those with priority dates after the cutoff date may not file their I-485 applications. This also means that EB-1 applicants may not file Forms I-140 and I-485 concurrently in January 2023. All other EB-1 categories remain current (C), with no cutoff dates.

Employment-Based Second Preference (EB-2)

The EB-2 cutoff date for All Chargeable Areas; El Salvador, Guatemala, and Honduras; Mexico; and the Philippines will remain at December 1, 2022. This means that all applicants who are chargeable to these areas whose I-485 applications have not yet been filed and have a priority date before December 1, 2022, can file their I-485 applications with the USCIS.

The EB-2 cutoff date for China will remain at July 8, 2019. This means that China EB-2 applicants whose I-485 applications have not yet been filed and have a priority date before July 8, 2019, can file their I-485 applications with the USCIS.

The EB-2 cutoff date for India will remain at May 1, 2012. This means that India EB-2 applicants whose I-485 applications have not yet been filed and have a priority date before May 1, 2012, can file their I-485 applications with the USCIS.

Employment-Based Third Preference (EB-3)

The EB-3 cutoff date for China will remain at September 1, 2018. This means that China EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before September 1, 2018, can file their I-485 applications with the USCIS.

The EB-3 cutoff date for India will remain at August 1, 2012. This means that India EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before August 1, 2012, can file their I-485 applications with the USCIS.

All other EB-3 priority date cutoffs remain current (C).

Other Workers

Other Worker cutoff dates will remain at September 8, 2022, for All Chargeability Areas; El Salvador, Guatemala, and Honduras; Mexico; and the Philippines. This means that Other Worker applicants from these areas whose I-485 applications have not yet been filed and have a priority date before September 8, 2022, can file their I-485 applications with the USCIS.

The Other Workers cutoff date for China will remain at November 1, 2015. This means that Other Worker applicants whose I-485 applications have not yet been filed and have a priority date before November 1, 2015, can file their I-485 applications with the USCIS.

The Other Workers cutoff date for India will remain at July 1, 2012. This means that India Other Worker applicants whose I-485 applications have not yet been filed and have a priority date before August 1, 2012, can file their I-485 applications with the USCIS.

Other Significant Developments

As the Department of State indicated in the December 2022 visa bulletin, it became necessary to establish EB-1 final action and application filing dates for China and India, effective in January, to hold number use within the maximum amount allowed under the fiscal year 2023 annual limit. Applicants from China and India are subject to a final action date of February 1, 2022.