In November, USCIS will accept adjustment of status applications from foreign nationals with a priority date preceding the Dates for Filing listed in the State Department’s November 2023 Visa Bulletin.
The EB-2 Final Action Date for all countries except India and China will progress by one week to July 15, 2022, while the Dates for Filing will stay at January 1, 2023. Final Action Dates and Dates for Filing for other employment-based categories remain unchanged.
Detailed Overview:
As per the State Department’s November Visa Bulletin, Final Action cutoff dates for immigrant visa issuance or adjustment of status approval are as follows:
EB-1: Final Action Dates for India and China will remain on January 1, 2017, and February 15, 2022, respectively. All other countries will stay current.
EB-2: The final Action Date for India remains January 1, 2012, for China on October 1, 2019, and all other countries advance by one week to July 15, 2022.
EB-3 Professionals and Skilled Workers: The final Action Date for India remains on May 1, 2012, for China on January 1, 2020, and for all other countries on December 1, 2021.
EB-5 (Unreserved categories – C5, T5, I5, R5): India stays on December 15, 2018, China on October 1, 2015, and all other countries remain current. EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) also remain current.
USCIS has confirmed its acceptance of the adjustment of status applications based on the Dates for Filing chart in November. Eligible foreign nationals must have a priority date earlier than the listed Date for Filing in their category and country. The November Dates for Filing Chart shows no changes from the previous month.
Notably, the EB-4 Non-Minister Religious Worker Program is scheduled to expire on November 17, 2023. If no legislative action extends the category beyond that date, it will become “unavailable,” and no immigrant visas or adjustment of status applications can be approved until reauthorization occurs.
Source: Fragomen
