Visa Bulletin August 2023

The August 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 August 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 August 2023 Visa Bulletin priority tables and dates

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 August 2023

These are the tables of the Visa Bulletin for August 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	01JAN15	22ABR01
F2A	08OCT17	01SEP16
F2B	22SEP15	01AGO01
F3	08JAN09	15ENE98
F4	22ABR07	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	01AGO23	01AGO23
2nd	01ABR22	01ABR22
3rd	01MAY20	01MAY20
Other Workers	01MAY20	01MAY20
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	01JUN20	01JUN20
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 filing FY 2023 visa lottery-based case applications by August 2023

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	63.500	Excluding: Algeria 45,000 Egypt 43,200 Morocco 63,400
ASIA	21.000	Except: Iran 14,000 Nepal 20,500
EUROPE	32.000	Except: Russia 32,000 Uzbekistan 15,000
NORTH AMERICA (BAHAMAS)	C
OCEANIA	1.650
SOUTH AMERICA, and the CARIBBEAN	2.900

Dates for filing FY 2023 visa lottery-based case applications by September 2023

Additional information and forecasts

Availability of family-sponsored second preference category

In the April 2023 Visa BulletinIn addition, a final action date had to be established for the F2A category, and item D of the July 2023 Visa Bulletin warned that a rollback was likely to occur as soon as August. The use of numbers has remained the same, so the final action date has to be pushed back to stay within the annual limit for FY 2023.

All applicants from countries with priority dates prior to 01SEP16 can obtain F2A numbers that are not limited by country. F2A numbers are open to applicants from all countries except Mexico with priority dates on or after September 1, 2016 and before October 8, 2017. There is no limit on the number of F2A numbers that can be awarded to Mexico.

In addition, the use of numbers in the F2B group has been consistent throughout the fiscal year, and it may be necessary to delay the final action dates for the Rest of the World, India and China in September to stay within the annual cap for FY2023.

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

Establishment of the final action date of the first employment-based global preference (EB-1)

Due to constant number usage and high demand, it has become necessary to set a final EB-1 action date for Rest of World countries, Mexico and the Philippines starting in August. This is to keep number usage within the maximum allowed by the FY 2023 annual cap.

The final action date for the rest of the world, Mexico and the Philippines is August 23. It is possible that the category will change back to "Current" for these countries in October.

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

Retrocession to the first preference category (EB-1) based on employment for India

As readers were told in the May 2023 Visa BulletinThe EB-1 final action date for India needs to be delayed, starting in August. India is overpopulated, so proration is allowed by INA 202(e).

Under INA 202(a)(5), applicants from India could obtain previously empty numbers on EB-1 until now. Since there are more people wanting EB-1 visas than there are visas remaining, a global final action date has been set.

This means that the Department can no longer issue EB-1 visas without regard to per-country numerical limits. In addition, applicants from India can no longer obtain EB-1 numbers under INA 202(a)(5).

India has reached its EB-1 cap for FY 2023, so its EB-1 final action date will be 01JAN12, which is the earliest priority date for an EB-1 applicant (many Indian EB-1 applicants have priority dates from 2012 to 2015 because their petitions were approved in the EB-2 or EB-3 categories earlier).

There is a good chance that the final action date will move in October to at least the date listed in the July Visa Bulletin. However, the date will depend on how many Indian applicants want EB-1 visas and how many employment-based preference visas can be issued each year in FY 2024.

Retrogression for the third preference category (EB-3) based on employment for Mexico, the Philippines and the Rest of the World

In the May 2023 Visa BulletinThe final EB-3 action dates for Mexico, the Philippines and the Rest of the World were established. This was done to keep the use of numbers within the annual cap for fiscal year 2023.

This was due in part to more applicants than expected whose priority dates were earlier than the established final action dates. The Department of State and USCIS continue to receive more and more applications from these individuals, which means that it is necessary to backtrack. Because of this, the EB-3 final action dates for the Rest of the World, Mexico and the Philippines have been delayed until May 1, 2020.

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.