The U.S. Department of State (DOS) has released the December 2023 Visa Bulletin.1 U.S. Citizenship and Immigration Services (USCIS) has also confirmed that it will accept employment-based Forms I-485, Applications to Register Permanent Residence or Adjust Status, next month according to the Visa Bulletin’s Dates of Filing chart.2
WHY THIS MATTERS
Each month, the U.S. Department of State releases a Visa Bulletin indicating the availability of statutorily-limited visas for prospective immigrants.3 The cut-off dates reflected in the Visa Bulletin, coupled with USCIS’ confirmation of which chart will apply, dictate eligibility to file a Form I-485 application in each month. In addition, the Final Action Dates chart in the applicable Visa Bulletin determines whether a pending Form I-485 or immigrant visa application may be approved.
Employment-Based Preference Category Cut-Off Dates
The cut-off dates in the employment-based Final Action Dates chart of the December 2023 Visa Bulletin continue the current month’s trend of little to no movement. The Final Action Dates for next month are as follows:
EB-1: All countries of chargeability other than the People’s Republic of China (“China”) and India are current. China’s EB-1 cut-off date is February 15, 2022, while India’s is January 1, 2017.
EB-2: All countries of chargeability except China and India have a cut-off date of July 15, 2022. China’s cut-off date advances to October 22, 2019, whereas India’s cut-off date is January 1, 2012.
EB-3 Professional and Skilled Workers: All countries of chargeability except China and India have a cut-off date of December 1, 2021. China’s cut-off date will advance to January 22, 2020, and India’s cut-off date will be May 1, 2012.
EB-3 Other Workers: China’s cut-off date is January 1, 2016, India’s cut-off date is May 1, 2012, and the Philippines’ cut-off date is May 1, 2020. The cut-off date for all other countries is August 1, 2020.
EB-4: All countries have a cut-off date of January 1, 2019.
H.R. 5860, signed on September 30, 2023, extended the non-minister special immigrant religious worker program through November 17, 2023. The law allows non-minister special immigrants to immigrate or adjust status to permanent resident by this date, also known as the sunset date. Non-minister special immigrant religious workers include those within a religious vocation or occupation engaged in either a professional or non-professional capacity. The program end date also applies to accompanying spouses and children of non-minister special immigrant religious workers.4
EB-5 Unreserved: All countries other than China and India are current. China’s EB-5 cut-off date for immigrant visas not set aside for rural areas, areas of high unemployment, and infrastructure projects is October 1, 2015, while India’s cut-off date is December 15, 2018.
EB-5 Set Asides: All countries of chargeability are current.
USCIS has announced that it will allow employment-based adjustment of status applicants to submit I-485 applications next month based on the Dates for Filing chart. The cut-off dates per the Dates for Filing chart in the December 2023 Visa Bulletin are below. Note that there are no changes from the November 2023 Visa Bulletin.5
EB-1: The cut-off date for China is August 1, 2022, and the cut-off date for India is July 1, 2019. All other countries of chargeability are current.
EB-2: All countries of chargeability except for China and India have a cut-off date of January 1, 2023. China’s cut-off date is January 1, 2020, and India’s cut-off date is May 15, 2012.
EB-3 Professionals and Skilled Workers: China’s cut-off is September 1, 2020, India’s cut-off is August 1, 2012, and the Philippines’ cut-off is January 1, 2023. The cut-off date for all other countries is February 1, 2023.
EB-3 Other Workers: China’s cut-off is June 1, 2017, India’s cut-off is August 1, 2012, and the Philippines’ cut-off is May 15, 2020. The cut-off date for all other countries is December 15, 2020.
EB-4: The cut-off date for all countries is March 1, 2019.
EB-5 Unreserved: All countries aside from China and India are current. China’s EB-5 cut-off date for immigrant visas not set aside for rural areas, areas of high unemployment, and infrastructure projects is January 1, 2017, while India’s cut-off date is April 1, 2022.
EB-5 Set Asides: All countries of chargeability are current.
FOOTNOTES
1 U.S. Department of State website.
2 See the "Adjustment of Status Filing Charts from the Visa Bulletin" page on the USCIS website.
3 Ibid.
4 See USCIS, "Special Immigrant Religious Workers."
5 See travel.state.gov/content/dam/visas/Bulletins/visabulletin_November2023.pdf .
* Please note the KPMG International member firm in the United States does not provide immigration or labor law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Canada.
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