US Department of State Releases Visa Bulletin October 2023. US Citizenship and Immigration Services (USCIS) will use the Dates for Filing Chart in October 2023. A number of visa categories will advance in October 2023 in the State Department Visa Bulletin.

According to the October 2023 Visa Bulletin released by the US Department of State, priority date cutoffs are in place to regulate immigrant visa availability as well as the flow of adjustment of status applications and consular immigrant visa applications.

Statutory Numbers for Preference Immigrant Visas

In this bulletin, we summarize the availability of immigrant numbers during October for: “Final Action Dates,” “Dates for Filing Applications,” and when applicants for immigrant visas should assemble and submit required documentation to the National Visa Center.

For determining when individuals can submit applications for adjustment of status, individuals should use the “Final Action Dates” charts below, unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo. In the event that the USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, the agency will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this bulletin.

1. Procedures for determining dates: Applicants for numerically limited visas must be reported to the Department of State by consular officers; applicants for status adjustment must be reported to USCIS by USCIS. For demand received by September 8th, allocations are presented in the charts below in chronological order of reported priority dates. Those categories or foreign states where demand was excessive were considered oversubscribed if it wasn’t possible to satisfy all demand. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin if it becomes necessary during the monthly allocation process to retrogress a final action date. Whenever the annual limit is reached, the preference category must be made “unavailable”, and no further requests will be honored.

2. The fiscal year 2024 limit for family: According to Section 201 of the Immigration and Nationality Act (INA), there are 226,000 sponsored preference immigrants. There are at least 140,000 employment-based preference immigrants worldwide each year. Under Section 202, preference immigrants are limited to 7% of the annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

3. INA Section 203(e) provides that family: Applicants who have applied for sponsored and employment-based preference visas are given visas in the order they were petitioned for. If accompanying or following their principal, spouses and children of preference immigrants are entitled to the same status, as well as the same order of consideration. When visa issuances will exceed the per-country limit for a foreign state or dependent area, Section 202(e) provides visa prorating provisions. At present, these provisions apply to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

4. Family-sponsored: immigrant visas are allotted according to the following preference classes under section 203(a) of the INA:

Family-Sponsored Preferences

First: (F1) Children of U.S. citizens who are unmarried:  23,400 plus any numbers not required for fourth preference.

Second: Unmarried sons and daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) 77% of the overall second preference limitation is for spouses and children of permanent residents; 75% of the per-country limit is exempt for spouses and children of permanent residents;

B. (F2B) The second preference limitation for unmarried sons and daughters (21 years of age or older) of permanent residents is 23%.

Third: (F3) The number of married sons and daughters of U.S. citizens is 23,400, plus any numbers not required by the first preference and second preference.

Fourth: (F4) 65,000, plus any numbers not required by the first three preferences.

Final Action Dates for Family-Sponsored Preference Cases

If a class is oversubscribed (see paragraph 1), the listing of a date indicates that the class is oversubscribed. Numbers “C” are authorized to be issued to all qualified applicants, while numbers “U” are not authorized to be issued. (NOTE: Only applicants whose priority dates are earlier than the final action dates listed below are authorized to issue numbers.)

F2A numbers with priority dates earlier than 01FEB19 are exempt from per-country limits for October. Applicants chargeable to all countries except Mexico, with priority dates beginning 01FEB19 and before 08FEB19, are authorized to apply for F2A numbers subject to per-country limits. MEXICO F2A numbers are exempt from the per-country limit.

Dates for Filing Family-Sponsored Visa Applications

Listed below are dates for applying for visas within a timeframe that warrants immediate action. Following receipt of notification containing detailed instructions from the National Visa Center, applicants for immigrant visas with a priority date earlier than the application date in the chart below may assemble and submit the required documents to the Department of State’s National Visa Center. Oversubscribed categories have the priority date of the first applicant who cannot submit documents for an immigrant visa to the National Visa Center. Applicants in a category designated “current” may apply regardless of their priority date if the category is designated “current.”

Applications may be filed regardless of the applicant’s priority date if the “C” listing indicates that the category is currently active. When a category is listed with a specific date, only applicants whose priority date is earlier than the listed date can apply.

USCIS has determined that this chart can be used (in place of the chart in paragraph 4.A.) this month for filing applications for adjustment of status at www.uscis.gov/visabulletininfo. 

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

Employment-Based Preferences

First: Including any numbers not required for fourth and fifth preferences, 28.6% of the worldwide employment-based preference level.

Second: People with advanced degrees or exceptional abilities:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Professionals, Skilled Workers, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not exceeding 10,000.

Fourth: Special Immigrants: 7.1% of the worldwide population.

Fifth: There are 7.1% of jobs created worldwide, of which 32% are reserved for qualified immigrants who invest in rural areas; 10% for qualified immigrants who invest in areas with high unemployment; and 2% for qualified immigrants who invest in infrastructure projects. In the remaining 68%, all qualified immigrants are allotted a place.

Final Action Dates for Employment-Based Preference Cases

There is an indication on the chart below that a class is oversubscribed (see paragraph 1) if a date appears; “C” means current, i.e., numbers are issuance to all qualified applicants; and “U” means unauthorized, i.e., numbers are not issuance authorized. NOTE: Numbers may only be issued to applicants whose priority date is earlier than the final action date listed below.)

Employment Third Preference Other Workers Category: Congress passed the Nicaraguan and Central American Relief Act (NACARA) in November 1997. Section 1(e) of Pub. L. 105-139 stipulates that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the most recent EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year will be reduced by 5,000 in the following year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. As of Fiscal Year 2002, the annual limit for EWs has been reduced to 5,000 since the final action date reached November 19, 1997. In Fiscal Year 2024, this reduction will be limited to 150.

Dates for Filing of Employment-Based Visa Applications

In the chart below, you can see the dates for submitting visa applications within a timeframe that warrants immediate action. As soon as the Department of State notifies applicants with a priority date earlier than the application date in the chart, they can gather and submit the required documents to the National Visa Center, following instructions provided by the National Visa Center. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. Applicants in a category designated “current” may file regardless of their priority dates.

Applications may be filed regardless of the applicant’s priority date if the “C” listing indicates that the category is currently active. When a category is listed with a specific date, only applicants whose priority date is earlier than the listed date can apply.

You can find out if USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status at www.uscis.gov/visabulletininfo. 

Diversity Immigrant (DV) Category for the Month of October

In accordance with section 203(c) of the INA, persons from countries with low admissions for the past five years may apply for up to 55,000 immigrant visas each fiscal year. As a result of NACARA, up to 5,000 of the 55,000 diversity visas allocated annually will be available for use as part of the program beginning with DV-99. As a result, the DV-2024 annual limit will be reduced to approximately 54,850.  A country cannot receive more than seven percent of the diversity visas in any given year. Diversity visas are divided among six geographical regions.

In October, immigrant numbers in the DV category are available for qualified DV-2024 applicants, which are charged to all regions/eligible countries. Only applicants with DV regional lottery rank numbers BELOW the allocation cut-off number will be granted visas when an allocation cut-off number is shown:

An applicant’ immigrant status in the DV category lasts only until the end of the fiscal (visa) year for which they are selected. In the DV-2024 program, the year of entitlement ends on September 30, 2024. After that date, DV visas cannot be issued to DV-2024 applicants. Similarly, spouses and children accompanying or following DV-2024 principals will receive derivative DV status until September 30, 2024. It is not guaranteed that DV visas will be available throughout FY-2024. Numbers could run out before September 30.

Diversity (DV) Immigrant Category Rank Cut-Offs for November

In November, DV-2024 applicants are eligible to apply for immigrant numbers, which are chargeable to all regions/eligible countries as follows. There are visas available only to applicants whose DV regional lottery rank numbers are BELOW the allocation cut-off number when an allocation cut-off number is shown:

Scheduled Expiration of the Employment Fourth Preference (SR) Religious Workers Category

On December 29, 2022, the Consolidated Appropriations Act, 2023, extended the Employment Fourth Preference Certain Religious Workers (SR) category until September 30, 2023. After midnight September 29, 2023, SR visas cannot be issued overseas, or adjustment of status cases may not be finalized.  The validity of visas issued before that date will end on September 29, 2023, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat admitted) by that date.

The SR category is listed as “Unavailable” for all countries for October. If legislation is passed to extend the category, it is likely to become available immediately if it is extended. Based on the applicable foreign state of chargeability, the category will be subject to the same final action dates as the other Employment Fourth Preference categories.

Employment-Based Visa Availability for Fy-2024

As a result of new visa numbers available for FY-2024, final action dates have been advanced across most employment-based visa categories. A potential date advancement throughout the fiscal year is intended to keep visa issuance within quarterly limits in accordance with INA sections 201(a)(2) and 203(g). During FY-2024, visa demand and issuance patterns will determine the actual date movements.

Conclusion 

In October 2023, the US Department of State released the Visa Bulletin, signaling advancements in various visa categories. The bulletin establishes priority date cutoffs to manage immigrant visa availability and regulate adjustment of status applications. Applicants should refer to “Final Action Dates” for status adjustment and may use “Dates for Filing Applications” if USCIS indicates availability. The bulletin outlines specific criteria, procedures, and limits for family-sponsored and employment-based preference visas, emphasizing real-time monitoring and data-driven decision-making for effective immigration management. The Diversity Immigrant Category and upcoming adjustments in Employment Fourth Preference (SR) Religious Workers Category are also detailed. Overall, the bulletin reflects efforts to streamline immigration processes and adapt to evolving demand and policies.