Business Immigration Insights

The State Department has published the November Visa Bulletin. Once again, it shows modest advances in priority dates, from 2 weeks to 5 months, though some categories remain unchanged from October. Moreover, USCIS has announced it will once again use the Dates for Filing chart in November, thereby allowing from 1.5 months to more than 2 years of additional filing time depending on nationality and category.

Below is a summary, which is based on Final Action Dates and shows changes from the previous month, but first – some background if you’re new to these blog posts.  If you’re familiar with the Visa Bulletin, feel free to skip the following bullet points:

• The Visa Bulletin is released monthly by the U.S. Department of State in collaboration with U.S. Citizenship and Immigration Services (USCIS), which then releases two charts – “Dates for Filing” and “Final Action Dates” – and designates which chart will apply that month.
• If USCIS designates Dates for Filing and your priority date (that is, the date you were placed on the waiting list) is earlier than the cutoff date for your nationality and category in that chart, you may submit your I‑485 adjustment of status application (if you’re eligible to apply with USCIS from inside the United States). However, USCIS cannot approve the application and issue your green card until your priority date is current in Final Action Dates.
• If you are applying from outside the United States, you cannot file your DS‑260 immigrant visa application until the National Visa Center notifies you to do so, and your home embassy cannot issue you an immigrant visa until your priority date is current in Final Action Dates.

Now, for the November Visa Bulletin:

Priority dates for India advance only for EB-3:

• EB-1 holds at February 1, 2023
• EB-2 stalls at November 1, 2013
• EB-3 Professionals and EB-3 Other Workers advance 3 weeks to January 22, 2014

 China sees modest advances in two categories:

• EB-1 advances 1 month to August 1, 2023
• EB-2 freezes at October 1, 2021
• EB-3 Professionals advances 2 weeks to January 22, 2022
• EB-3 Other Workers pauses at October 1, 2019

 All Other Countries advances in all categories:

• EB-1 remains current
• EB-2 advances 3 months to April 1, 2025
• EB-3 Professionals advances 1 month to June 15, 2024 (except the Philippines, which holds at August 15, 2023)
• EB-3 Other Workers advances 5 months to June 1, 2022 (except the Philippines, which stalls at January 1, 2022)

 NOTE 1:  USCIS will accept I-485 applications in November based on the Department of State’s more favorable Dates for Filing chart, which allows from 1.5 months to more than 2 years of additional filing time, depending on nationality and category:

• Indian nationals gain 17 months in EB-1; 14.5 months in EB-2; and almost 1 year in EB-3 Professionals and EB-3 Other Workers.
• Chinese nationals gain 11 months to file in EB-1; 15 months in EB-2; more than 2 years and 2 months in EB 3 Professionals; and 1 year in EB-3 Other Workers.
• Nationals of all other countries may file their I-485s in advance of their priority dates being current by 11.5 months in EB-2; 1.5 months in EB-3 Professionals; and 1 month in EB-3 Other Workers.

NOTE 2:  The Dates for Filing chart applies only to I-485 applications with USCIS.  Immigrant visa applications with US embassies are always based on the Final Action Dates chart.