The U.S. Department of State has released its August 2023 Visa Bulletin which summarizes the availability of immigrant numbers for “Final Action Dates” for August and “Dates for Filing Applications” to notify the immigrant visa applicants to submit their required documentation to the National Visa Center (NVC).
Each month, the USCIS chooses which chart it will follow. For August 2023, the USCIS will follow the Final Action Dates chart for employment-based (EB) filings for adjustment status. This means that individuals seeking to file applications for adjustment of status with the USCIS in August 2023 must use the Final Action Dates chart below.
Final Action Dates for Employment-Based Preference Cases
To be eligible to file an employment-based adjustment application in August 2023, the individuals must have a priority date that is earlier than the “Final Action Date” listed below. The “C” listing means that the category is current, and applications may be filed regardless of the applicant’s priority date.
Employment-Based
All Chargeability Areas Except those listed
China-Mainland born
India
Mexico
Philippines
1st (EB-1: Extraordinary People, Outstanding Researchers and Professors, and Multinational Executives, and Managers)
01AUG23
01FEB22
01JAN12
01AUG23
01AUG23
2nd (EB-2: Exceptional People and Advanced Degree Holders)
01APR22
08JUL19
01JAN11
01APR22
01APR22
3rd (EB-3: Bachelor’s Degree Holders, Skilled Workers, and Unskilled Workers)
01MAY20
01JUN19
01JAN09
01MAY20
01MAY20
Other Workers
01MAY20
01SEP15
01JAN09
01MAY20
01MAY20
4th
01SEP18
01SEP18
01SEP18
01SEP18
01SEP18
Certain Religious Workers
01SEP18
01SEP18
01SEP18
01SEP18
01SEP18
5th Unreserved (including C5, T5, I5, R5)
C
08SEP15
01APR17
C
C
5th Set Aside: Rural (20%)
C
C
C
C
C
5th Set Aside: High Unemployment (10%)
C
C
C
C
C
5th Set Aside: Infrastructure (2%)
C
C
C
C
C
Employment-Based First Preference (EB-1)
Due to high demand, the rest of world countries, Mexico, and Philippines are subject to a final action date of August 1, 2023. This situation will be continually monitored, and any necessary adjustments will be made accordingly. It is likely that in October the category will return to “Current” for these countries.
Employment-Based Second Preference (EB-2)
The EB-2 cutoff date for All Chargeability Areas, Mexico, and the Philippines will advance by approximately six (6) weeks to April 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 April 1, 2022, can file their I-485 applications with the USCIS.
EB-2 applicants of China 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.
In addition, EB-2 applicants of India whose I-485 applications have not yet been filed and have a priority date before January 1, 2011 can file their I-485 applications with the USCIS.
Employment-Based Third Preference (EB-3)
The EB-3 cutoff date for All Chargeability Areas, Mexico, and the Philippines will retrogress by 21 months to May 1, 2020.
EB-3 applicants of China whose I-485 applications have not yet been filed and have a priority date before June 1, 2019 can file their I-485 applications with the USCIS.
Further, EB-3 applicants of India whose I-485 applications have not yet been filed and have a priority date before January 1, 2009 can file their I-485 applications with the USCIS.
Other Workers
The cutoff date for Other Workers will advance by four (4) months to May 1, 2020, for all Chargeability Areas, Mexico, and the Philippines.
Other Worker applicants from China whose I-485 applications have not yet been filed and have a priority date before September 1, 2015 can file their I-485 applications with the USCIS.
In addition, the Other Worker applicants from India whose I-485 applications have not yet been filed and have a priority date before January 1, 2009 can file their I-485 applications with the USCIS.