Visa Bulletin May 2023

The May 2023 Visa Bulletin is now available. The new tables include dates for consular filing and final visa issuance action by U.S. embassies or consulates.

If you want to see the tables of the Visa Bulletin May 2023 on Filing for Adjustment of Status (immigrant visa applications filed within the U.S.) of the U.S. Citizenship and Immigration Services (USCIS) click here.

What is the Visa Bulletin?

Each month, the U.S. Department of State publishes a report that specifies the availability and priority date of immigrant visas that are ready for processing and establishes the cut-off date after which visas will no longer be available for each visa category.

The Visa Bulletin The program orders applicants' priority dates according to visa categories: family-based, employment-based, and diversity visa program (visa lottery) petitions. It also updates the dates for the various categories based on the immigrants' countries of origin, the number of visas that have been issued so far, and an estimate of the demand for visas. Information in the Visa Bulletin may change from month to month.

It is useful to find out how much of a delay there is for different types of visa applications. This monthly visa bulletin serves as a guide for the National Visa Center (NVC) for visa processing and visa issuance in the United States. U.S. consulates and embassies.

USCIS also uses the Visa Bulletin to determine whether it can accept or adjudicate an Application to Register Permanent Residence or Adjust Status.

If you are waiting your turn for a visa, this document allows you to monitor and check the progress, delay or non-movement of deadlines to know when your priority date is being processed.

How to read the tables and priority dates of the Visa Bulletin May 2023

The U.S. Department of State and USCIS publish two tables for all visa preference categories with the following information:

In sections where a "C" is marked, it means that the category is current or available, and that applications may be filed regardless of the applicant's priority date.

If your priority date is current, you may apply for a visa when you meet the requirements.

In the sections where a "U" is marked, it means that the category is "not current" or "unavailable", and that "no" applications can be filed regardless of the applicant's priority date.

Final Action Dates: dates on which immigrant visas can finally be issued.

Dates for Filing: earliest date a person can file an application for a visa. An immigrant's country of birth is also a factor in determining the availability of a visa.

The NVC notifies immigrants by email or regular mail about how to apply for a visa through the consular channel. You should review and follow their instructions carefully.

Visa Bulletin May 2023

These are the tables of the Visa Bulletin for May 2023 of the U.S. Department of State published for cases based on the family, employment and the fiscal year 2023 visa lottery:

Final Action Dates for Family Based Case Requests

Types of Family Preference

• First preference (F1): unmarried children, over the age of twenty-one, of U.S. citizens.
• Second preference A (F2A): spouses of permanent residents and unmarried children, under the age of twenty-one, of permanent residents.
• Second preference B (F2B): unmarried children, over the age of twenty-one, of permanent residents.
• Third preference (F3): married children of U.S. citizens, their spouses and unmarried children under the age of twenty-one.
• Fourth preference (F4): Siblings of U.S. citizens, their spouses and unmarried children under 21 years of age.

All countries except those listed

Family-based preference	All countries except those listed	MEXICO
F1	05DEC14	01ABR01
F2A	08SEP20	01NOV18
F2B	22SEP15	01JUN01
F3	22DEC08	01NOV97
F4	08ABR07	01AGO00

Mainland China, India and the Philippines

Dates for submitting family-based case applications

All countries except those listed

Mainland China, India and the Philippines

Final action dates for employment-based case applications

Types of Employment Preference:

• First preference (EB-1): priority workers.
• Second preference (EB-2): professionals with advanced degrees and persons of exceptional ability.
• Third preference (EB-3): skilled workers, professionals and unskilled workers.
• Fourth preference (EB-4): certain special immigrants.
• Fifth preference (EB-5): immigrant investors.

All countries except those listed

Category based on employment	All countries except those listed	MEXICO
1st	C	C
2nd	15FEB22	15FEB22
3rd	01JUN22	01JUN22
Other Workers	01JAN20	01JAN20
4th	01SEP18	01SEP18
Certain Religious Workers	01SEP18	01SEP18
5th No Reservations (including C5, T5, I5, R5)	C	C
5th Reserve: Rural (20%)	C	C
5th Reserve: High Unemployment Rate (10%)	C	C
5th Reserve: Infrastructure (2%)	C	C

Mainland China, India and the Philippines

Dates for submitting applications for employment-based cases

All countries except those listed

Category based on employment	All countries except those listed	MEXICO
1st	C	C
2nd	01DEC22	01DEC22
3rd	01MAY23	01MAY23
Other Workers	01FEB20	01FEB20
4th	01OCT18	01OCT18
Certain Religious Workers	01OCT18	01OCT18
5th No Reservations (including C5, T5, I5, R5)	C	C
5th Reserve: Rural (20%)	C	C
5th Reserve: High Unemployment Rate (10%)	C	C
5th Reserve: Infrastructure (2%)	C	C

Mainland China, India and the Philippines

How to read the table of cases based on the FY 2023 Diversity Visa Program (DV, visa lottery).

Below are the allocation cut-off numbers for diversity visas, based on region or eligible countries, for applicants who meet all requirements. When a maximum number is shown, it means that there are only visas available for DV applicants below the number specifically allocated in the region.

The person who "wins the lottery" is only entitled to receive immigrant status in the DV category until the end of the visa fiscal year for which he or she was selected. For all applicants registered in the FY 2023 visa lottery, that entitlement ends on September 30, 2023. DV visas may not be issued to DV-2023 lottery participants after that date.

This also applies to the spouses and children of the winners of the fiscal year 2023 visa lotteryThe DV visas are only eligible for derivative DV status until September 30, 2023. There can be no guarantee that DV visas will be available until the end of fiscal year 2023, because they could be exhausted before September 30, 2023.

Dates for submitting FY 2023 visa lottery-based case applications by May 2023

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	60.000	Excluding: Algeria 35,900 Egypt 18,650 Morocco 45,600
ASIA	18.750	Except: Iran 6,000 Nepal 17,775
EUROPE	30.000	Except: Russia 29,350 Uzbekistan 10,140
NORTH AMERICA (BAHAMAS)	15
OCEANIA	1.450
SOUTH AMERICA, and the CARIBBEAN	2.400

Dates for submitting FY 2023 visa lottery-based case applications by June 2023

Additional information and forecasts

Availability of visas for China and India under the first employment-based preference (EB-1)

In order to keep number usage within the maximum allowed under the FY2023 annual restrictions, increased demand from the rest of the world and number usage in EB-1 will most likely require back-loading of the final action dates for China and India in the coming months.

The Department of State will continuously monitor this situation and make the necessary adjustments.

Increased retrogression for employment-based second preference (EB-2) for Rest of the World, Mexico and Philippines

The EB-2 final action dates for the Philippines, Mexico, and the Rest of the World were moved back on the April 2023 Visa Bulletin to keep the use of numbers under the FY 2023 annual cap. Demand from applicants with priority dates prior to the established final action dates caused this, which was more than anticipated.

Further steps back are necessary as the State Department and USCIS continue to see an increase in demand for these applicants. As a result, EB-2 final action deadlines for the Philippines, Mexico and the rest of the world have been delayed until 15FEB22.

The Department of State will continuously monitor this situation and make the necessary adjustments.

Second employment-based second preference (EB-2) and fifth employment-based preference (EB-5) for India

There continues to be considerable demand for EB-2 and EB-5 visa numbers from applicants with priority dates prior to the established final action deadlines, despite recent setbacks.

In order to keep visa issuance within its annual per-country limit, it will be necessary to delay the final action dates for India Employment Second Preference and Employment Fifth Preference as early as next month. In October, the State Department will make every effort to delay the final dates at least until the April final dates.

Employment-Based Third Preference (EB-3) visas available for Mexico, the Philippines and the Rest of the World.

It has become necessary to set EB-3 final action dates for the Philippines, Mexico and the Rest of the World, effective in May, in order to keep the use of numbers within the maximum allowed under the FY2023 annual limit, as readers were informed was feasible in the Item E of the March 2023 Visa Bulletin. The final action deadline for applicants from Mexico, the Philippines and the Rest of the World is 01JUN22.

The Department of State will continuously monitor this situation and make the necessary adjustments.

Availability of the employment-based third preference visa category "Other Workers" (EW)

In order to keep number usage within the maximum allowed by the FY2023 annual cap, higher than anticipated number usage in the EW category, particularly among applicants with early priority dates, will likely require additional corrective action on the Rest of the World, Mexico and Philippines final action dates in the coming months.

The Department of State will continuously monitor this situation and make the necessary adjustments.

Immigration consultation

Anyone who has questions about U.S. immigration law, including how to read the Visa Bulletin and apply for an immigrant visa through consular channels or adjustment of status, should immediately consult with a licensed and experienced U.S. immigration attorney to determine their legal immigration options.

Avoid being victim of immigration fraud and never consult with notaries, immigration consultants, paper-fillers, multi-services and others. unlicensed persons to obtain immigration legal advice.

Dr. Nelson A. Castillo is an immigration attorney with over 20 years of legal experience and author of La Tarjeta Verde: Cómo Obtener la Residencia Permanente en los Estados Unidos (Green Card: How to Obtain Permanent Residence in the United States). He is a former President of the Hispanic National Bar Association and the Westlake South Neighborhood Council of Los Angeles.

For information on how to consult with Dr. Castillo, click here. click here.