The Department of State has released the October 2023 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In October 2023, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing Employment-Based Preference chart. To be eligible to file an adjustment of status application in October 2023, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.
The EB-1 Final Action Date will advance by five years for India, to January 1, 2017. Final Action dates for China will advance by two weeks, to February 15, 2022 while all other countries will be current.
The EB-2 Final Action Date for India will move forward one year to January 1, 2012 and China will advance to October 1, 2019. All other countries will advance to July 8, 2022.
The EB-3 Professional/Skilled Worker Final Action Date will advance by over three years to May 1, 2012 for India, and China will advance by four months to January 1, 2020. All other countries will advance 19 months, to December 1, 2021.
The Final Action Dates for all EB-4 will advance to January 1, 2019 for all countries. In addition, with respect to the Final Action date for the EB-5 Unreserved categories, India will advance by twenty months to December 15, 2018 and China will advance to October 1, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.
We note again that USCIS will accept adjustment of status applications under the Dates for Filing chart in October 2023. In order to be eligible to file an employment-based adjustment of status application, foreign nationals must have a priority date that is earlier than the Dates for Filing listed below:
EB-1
China: August 1, 2022
India: July 1, 2019
All Other Countries: Current
EB-2
China: January 1, 2020
India: May 15, 2012
All Other Countries: January 1, 2023
EB-3 Professionals and Skilled Workers
China: September 1, 2020
India: August 1, 2012
Philippines: January 1, 2023
All Other Countries: February 1, 2023
EB-3 Other Workers
China: June 1, 2017
India: August 1, 2012
Philippines: May 15, 2020
All Other Countries: December 15, 2020
EB-4
All Other Countries: March 1, 2019
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: January 1, 2017
India: April 1, 2022
All Other Countries: Current
EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries