In the January 2023 Visa Bulletin, EB-1 Worldwide (All Other) remains current, while EB-1 for India and China retrogresses. EB-2 Worldwide (All Other), China, and India remain unchanged. EB-3 for China and India also remains unchanged from the previous visa bulletin.
FINAL ACTION DATES (Chart A):
China:
- EB-1: Retrogresses with a cut-off date of February 1, 2022.
- EB-2: Remains unchanged with a cut-off date of June 8, 2019.
- EB-3: Remains unchanged with a cut-off date of August 1, 2018.
India:
- EB-1: Retrogresses with a cut-off date of February 1, 2022.
- EB-2: Remains unchanged with a cut-off date of October 8, 2011.
- EB-3: Remains unchanged with a cut-off date of June 15, 2012.
Others:
- EB-1: Current for all countries except China and India.
- EB-2: Worldwide (All Other) remains unchanged with a cut-off date of November 1, 2022.
DATES FOR FILING (Chart B):
China:
- EB-1: Retrogresses with a cut-off date of June 1, 2022.
- EB-2: Remains unchanged with a cut-off date of July 8, 2019.
- EB-3: Remains unchanged with a cut-off date of September 1, 2018.
India:
- EB-1: Retrogresses with a cut-off date of June 1, 2022.
- EB-2: Remains unchanged with a cut-off date of May 1, 2012.
- EB-3: Remains unchanged with a cut-off date of August 1, 2012.
Others:
- EB-1: Current for all countries except China and India.
- EB-2: Worldwide (All Other) remains unchanged with a cut-off date of December 1, 2022
PLEASE NOTE: USCIS has indicated they will accept adjustment of status applications pursuant to Dates for Filing (Chart B) for January 2023. For more information, please visit the USCIS website.
Next Steps and Strategies
Applicants that have their I-485, Adjustment of Status (AOS), applications pending with USCIS under the EB-2 category, who find that their priority date is no longer current under the EB-2 final action but are current under the EB-3 category, may benefit from an interfiling request to USCIS. An interfiling is the process by which an AOS applicant may request that USCIS change the basis of their pending application from one preference category to another. We invite you to contact your immigration counsel to inquire whether this strategy may benefit your specific case.
Our teams will continue to monitor the priority dates each month, and if a case would ever benefit from an EB-3 interfiling, we will review and flag those cases for further action.
Looking Forward
As reported in previous issues, EIG expects that EB-1 will continue progressing the same with each visa bulletin. Individuals who are now current should contact EIG to begin work on their Adjustment of Status case(s). If you already have an AOS pending with USCIS, it will not be adjudicated until the Final Action date becomes current. The EIG team closely monitors changes to the monthly visa bulletin and determines the best action plan for each case. We will reach out to individuals whose priority date will be current next month to initiate the next step of the green card process.
For more information about the Visa Bulletin, we’ve summarized and answered frequently asked questions here. We encourage you to read this article to better understand what your priority date means.
The complete Visa Bulletin for January 2023 can be found here.