U.S. Citizenship and Immigration Services confirmed it will use the Dates for Filing chart to determine employment-based filing eligibility for adjustment of status in January.

Dates for Filing for Employment-Based Preference Cases:

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: January will mark the fourth consecutive month that USCIS has used Dates for Filing to determine employment-based filing eligibility. This is welcome news given that the Dates for Filing chart generally has more progressive cutoff dates than the Final Action Dates chart. The State Department published the January Visa Bulletin Monday, showing advancement in some key employment-based categories, including the Dates for Filing for China EB-1, India EB-1, China EB-2 and China EB-3. BAL will continue to monitor the Visa Bulletin and will provide updates as information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

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