Imagility News

December Visa Bulletin: Minimal Shifts in China EB-2 and EB-3, Stability in Other Employment-Based Categories; USCIS to Adhere to Filing Dates

In December, the U.S. Citizenship and Immigration Services (USCIS) will be accepting adjustment of status applications for employment-based categories. Eligible foreign nationals must possess a priority date earlier than the Dates for Filing outlined in the State Department’s December 2023 Visa Bulletin.

While the Dates for Filing for all employment-based categories remain unchanged, there is notable movement in the Final Action Dates for the EB-2 and EB-3 categories for China. Specifically, the EB-2 Final Action Date for China advances by three weeks to October 22, 2019, and the EB-3 Final Action Date for China moves ahead by three weeks to January 22, 2020. Other employment-based categories maintain their existing Final Action Dates.

The December Visa Bulletin provides detailed insights into the Final Action cutoff dates for various preference categories:

EB-1: No change for China, while India’s Final Action Date remains at January 1, 2017.
EB-2: China sees a three-week advancement to October 22, 2019, while India remains at January 1, 2012.
EB-3 Professionals and Skilled Workers: China moves forward by three weeks to January 22, 2020, while India stays at May 1, 2012.
EB-5: No changes for Unreserved categories, with China at January 1, 2017, and India at December 15, 2018. Set-aside categories for Rural, High Unemployment, and Infrastructure remain current.
USCIS has confirmed its acceptance of adjustment of status applications based on the Dates for Filing chart in December. To be eligible, foreign nationals must possess a priority date earlier than the listed Date for Filing for their specific category and country. The December Dates for Filing Chart aligns with the previous month’s chart.

An important note is the impending expiration of the EB-4 Non-Minister Religious Worker Program on November 17, 2023. Without legislative action to extend the category, it will become “unavailable,” and no immigrant visas or adjustment of status applications can be approved under this category until reauthorization.

The detailed Dates for Filing and Final Action Dates for December 2023 across various employment-based categories and countries provide a comprehensive overview of the current status of visa availability and processing timelines.

Source: Fragomen