October 2023 Visa Bulletin Released With an Estimated 165,000 Employment-Based Visa Numbers for FY 2024 Available

The October 2023 Visa Bulletin has been released by the U.S. Department of State and shows some encouraging movement forward from last month, with the exception of the filing date for EB-3 worldwide, which will retrogress four months. This month’s bulletin is the first for the 2024 fiscal year, and U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will accept adjustment of status applications filed pursuant to the Dates for Filing chart (see below) for employment-based preference categories. Additionally, USCIS released updated guidance in the form of frequently asked questions (FAQs) on September 15, 2023, confirming that there will be an estimated 165,000 employment-based visa numbers available for allocation in fiscal year (FY) 2024, which ends on September 30, 2024.

Quick Hits

• October 2023 Visa Bulletin shows progression across the majority of employment-based categories.
• USCIS will utilize the Dates for Filing chart for the month of October.
• USCIS states that there will be an estimated 165,000 employment-based visa numbers available for allocation in fiscal year 2024.

Dates for Filing Chart Analysis

USCIS has confirmed that it will accept Form I-485, Application to Register Permanent Residence or Adjust Status, from foreign nationals with a priority date that is earlier than the dates for filing listed in the October 2023 Visa Bulletin. The following salient points from the Dates for Filing chart are worth noting:

• EB-2 filing date for India has seen nominal movement in the form of fourteen days to May 15, 2012; EB-3 India remains unchanged at August 1, 2012.
• EB-2 and EB-3 filing dates for China have progressed, with EB-2 China advancing nearly three months to January 1, 2020, and EB-3 China advancing nearly one year to September 1, 2020.

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	01AUG22	01JUL19	C	C
2nd	01JAN23	01JAN20	15MAY12	01JAN23	01JAN23
3rd	01FEB23	01SEP20	01AUG12	01FEB23	01JAN23
Other Workers	15DEC20	01JUN17	01AUG12	15DEC20	15MAY20

Source: U.S. Department of State, October 2023 Visa Bulletin

Final Action Chart Analysis

The availability of new visa numbers for the 2024 fiscal year resulted in advancement in final action dates across the majority of employment-based categories. Note that an adjustment of status or immigrant visa applicant’s priority date must be prior to the date listed on the Final Action chart in order for an immigrant visa or green card to be issued.

• The EB-1 worldwide final action date is current, whereas EB-1 India has advanced to January 1, 2017, from the September final action date of January 1, 2012.
• EB-2 worldwide has ticked forward seven days to July 8, 2022, and EB-3 worldwide has advanced eighteen months to December 1, 2021.
• EB-2 and EB-3 final action dates for India have advanced—EB-2 India has seen forward movement of one year to January 1, 2012, and EB-3 India has advanced more than three years to May 1, 2012.
• The EB-2 final action date for China has advanced nearly three months to October 1, 2019, and the EB-3 China has moved forward four months to January 1, 2020.

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	15FEB22	01JAN17	C	C
2nd	08JUL22	01OCT19	01JAN12	08JUL22	08JUL22
3rd	01DEC21	01JAN20	01MAY12	01DEC21	01DEC21
Other Workers	01AUG20	01JAN16	01MAY12	01AUG20	01MAY20

Source: U.S. Department of State, October 2023 Visa Bulletin

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and provide updates on the Immigration blog as additional information becomes available.

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