JULY 2023 VISA BULLETIN: ANALYSIS AND EXPECTATIONS

The Department of State just issued the July 2023 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

EB	All Other	CHINA	INDIA	PHILIPPINES
EB-1	C	01FEB22	01FEB22	C
EB-2	15FEB22	08JUN19	01JAN11	15FEB22
EB-3	01FEB22	01APR19	01JAN09	01FEB22
Other workers	01JAN20	01SEP15	01JAN09	01JAN20

USCIS

The USCIS is expected to use Table A: Final Action Dates chart for I-485 employment-based filings. A Beneficiary must be current on the above Table A chart to file their I-485, Adjustment of Status applications. See: USCIS Visa Bulletin Dates

MU Law Analysis

This Visa Bulletin shows that the DOS has almost exhausted all employment-based visas for FY 2023.  All categories remained the same or retrogressed.

The two categories that retrogressed were EB-3 for All Other Countries, including the Philippines.  The date was moved back to Feb 1, 2022, from June 1, 2022, a four-month retrogression.   India EB-3 dropped back to January 1, 2009, which is a significant retrogression. 

These EB-3 retrogressions mean that the USCIS and DOS overplayed their progression earlier in the year and did not see the demand for the visa numbers that were clearly there. 

MU’s expectation is that we will see any more progression throughout FY23, through September 30, 2023.

The Visa Bulletin included these notes about the two retrogressed categories.

E. RETROGRESSION IN THE EMPLOYMENT-BASED THIRD PREFERENCE (EB-3) FOR REST OF WORLD COUNTRIES, MEXICO, AND PHILIPPINES

In the May 2023 Visa Bulletin, the EB-3 final action dates for Rest of World, Mexico, and the Philippines were established to keep number use within the FY 2023 annual limit. This was in part due to higher than expected demand from applicants with priority dates earlier than the established final action dates.  The Department and USCIS continue to see increased demand from these applicants, necessitating retrogression.  As a result, the Rest of World, Mexico, and Philippines EB-3 final action dates have retrogressed to 01FEB22. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

F. RETROGRESSION IN THE EMPLOYMENT-BASED THIRD PREFERENCE (EB-3) FOR INDIA

As readers were informed was possible in Item E of the June 2023 Visa Bulletin, it has become necessary to retrogress the EB-3 final action date for India effective in July. India’s EB-3 number use has been consistently robust throughout the fiscal year, and it is estimated that applicants chargeable to India will use all EB-3 numbers made available to them during this fiscal year, taking into account INA 202(a)(5) and INA 202(e), by the end of June. Thus, applicants from India are subject to a final action date of 01JAN09. This situation will be continually monitored, and any necessary adjustments will be made accordingly.