The U.S. State Department released the January Visa Bulletin Monday, showing advancement in key employment-based categories. U.S. Citizenship and Immigration Services had not yet announced whether it will use Final Action Dates or Dates for Filing to determine employment-based filing eligibility.
Final Action Dates: Key Movements
EB-1
- China EB-1 will advance 4½ months to July 1, 2022.
- India EB-1 will advance more than 3½ years to Sept. 1, 2020.
- All other countries under EB-1 will remain current.
EB-2
- China EB-2 will advance more than two months to Jan. 1, 2020.
- India EB-2 will advance two months to March 1, 2012.
- All other countries under EB-2 will advance 3½ months to Nov. 1, 2022.
EB-3
- China EB-3 will advance more than seven months to Sept. 1, 2020.
- India EB-3 will advance one month to June 1, 2012.
- All other countries under EB-3 will advance eight months to Aug. 1, 2022.
Final Action Dates for Employment-Based Preference Cases:
Preference | All Other Countries | China | India | Mexico | Philippines |
EB-1 | Current | July 1, 2022 | Sept. 1, 2020 | Current | Current |
EB-2 | Nov. 1, 2022 | Jan. 1, 2020 | March 1, 2012 | Nov. 1, 2022 | Nov. 1, 2022 |
EB-3 | Nov. 1, 2022 | Sept. 1, 2020 | June 1, 2012 | Aug. 1, 2022 | Aug. 1, 2022 |
Dates for Filing: Key Movements:
EB-1
- China EB-1 will advance five months to Jan. 1, 2023.
- India EB-1 will advance 1½ years to Jan. 1, 2021.
- All other countries under EB-1 will remain current.
EB-2
- China EB-2 will advance five months to June 1, 2020.
- India EB-2 will remain at May 15, 2012.
- All other countries under EB-2 will advance 1½ months to Feb. 15, 2023.
EB-3
- China EB-3 will advance 10 months to July 1, 2021.
- India EB-3 will remain at Aug. 1, 2012.
- Philippines EB-3 will remain at Jan. 1, 2023.
- All other countries under EB-3 will remain at Feb. 1, 2023.
Preference | All Other Countries | China | India | Mexico | Philippines |
EB-1 | Current | Jan. 1, 2023 | Jan. 1, 2021 | Current | Current |
EB-2 | Feb. 15, 2023 | June 1, 2020 | May 15, 2012 | Feb. 15, 2023 | Feb. 15, 2023 |
EB-3 | Feb. 1, 2023 | July 1, 2021 | Aug. 1, 2012 | Feb. 1, 2023 | Jan. 1, 2023 |
Additional Information: While the forward movement is welcome news, USCIS has yet to announce which chart it will use to determine employment-based filing eligibility next month. The agency is expected to do so in the coming days. BAL will provide updates as information becomes available.
This alert has been provided by the BAL Global Practice Group.
Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.