January 2023 Visa Bulletin

The U.S. Department of State (DOS) has released the January 2023 Visa Bulletin. With the exception of retrogression for China and India in the employment-based, first preference (EB1) category, there little-to-no movement in any of the employment-based categories. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified.

Visa Bulletin Summary

Employment-Based, First Preference (EB1) Category

EB1 China and India both retrogress to a cutoff date of February 1, 2022. The category remains current for all countries of chargeability.

While the news of retrogression is disappointing, it is not entirely unexpected. In the December 2022 Visa Bulletin, the DOS warned that the cutoff dates for the EB1 category for China and India would likely retrogress “in the coming months.”

Employment-Based, Second Preference (EB2) Category

The EB2 category remains unchanged from last month. The cutoff date for EB2 India remains set at October 8, 2011, while EB2 China keeps its June 8, 2019, cutoff date. For all other countries of chargeability, the EB2 cutoff date is November 1, 2022.

Employment-Based, Third Preference (EB3) Category

There is also no movement in the EB3 category. The EB3 category for India still has a cutoff date set at June 15, 2012. The cutoff date for EB3 China remains at August 1, 2018. The EB3 category remains current for all other countries of chargeability.

EB3 Other Workers

China’s EB3 other workers cutoff date advances to December 22, 2013. There is no other movement in this category. The cutoff date for India remains at June 15, 2012. For all other countries of chargeability, the cutoff date for EB3 other workers remains set at June 1, 2020.

Employment-Based, Fourth Preference (EB4) Category

There is no movement in the EB4 category. The EB4 cutoff date for El Salvador, Guatemala, and Honduras remains set at March 15, 2018. The cutoff date for EB4 Mexico keeps its September 15, 2020, cutoff date. For all other countries of chargeability, the EB4 cutoff date remains unchanged at June 22, 2022.

The EB4 program for certain religious workers is currently scheduled to expire after December 23, 2022. If Congress does not extend the program by that date, the EB4 category for certain religious workers will be unavailable, effective December 23, 2022.

Employment-Based, Fifth Preference (EB5) Category

There is no movement in the EB5 category. China’s cutoff date for EB5 unreserved (i.e., EB5 immigrant visa numbers not set aside for rural, high unemployment, and infrastructure projects), remains set at March 22, 2015. India’s EB5 unreserved cutoff date stays at November 8, 2019. EB5 remains current for all other EB5 categories and countries of chargeability.

Conclusion

MurthyDotCom will continue to closely monitor and report on movement and predictions related to the monthly visa bulletin. Subscribe  to the free MurthyBulletin to receive weekly updates.

Copyright © 2022, MURTHY LAW FIRM. All Rights Reserved