February 2023 Visa Bulletin

The Department of State has released the February 2023 Visa Bulletin for Employment and Family Based green card applications. To be eligible to file an employment-based adjustment of status application for February 2023, you must have a Priority Date that is earlier than the date listed on the chart here for your preference category and country. USCIS has announced on its own Visa Bulletin web page the cutoff dates for acceptance of adjustment of status applications next month will be based on the Dates for Filing chart.

Highlights of the February 2023 Visa Bulletin for Final Action Dates:

  • EB-1 China and EB-1 India Both countries remain the same Final Action date as last month; February 1, 2022. Dates for Filing cutoff date is June 1, 2022. All other countries are current.

  • EB-2 Worldwide Final Action remains at November 1, 2022.

  • EB-2 China will remain at June 8, 2019.

  • EB-2 India will remain at October 8, 2011.

  • EB-3 Worldwide (all other countries) Professional/Skilled Workers will remain current.

  • EB-3 China Professional/Skilled Workers will advance by one month to August 1, 2018.

  • EB-3 India Professional/Skilled Workers will remain at June 15, 2012.

  • EB-3 Worldwide Professional/Skilled Workers Final Action date remains current.

  • EB-3 Worldwide Other Workers Final Action date is January 1, 2020, a significant retrogression. The Date for Filing will retrogress by more than two and a half years to February 1, 2020. China and India Other Workers will remain at November 1, 2015 and August 1, 2012, respectively.

  • EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), the China and India cutoff dates will remain at March 22, 2015 and November 8, 2019, respectively, and all other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

KEY TERMS

  • Priority Date (Employment-based): the date your immigrant petition (I-140 petition) was filed, or if you were subject to the PERM Labor Market Test process, the date the Labor Certification was filed with the Department of Labor.

  • Priority Date (Family-based): the date your immigrant petition (I-130 petition) was filed.

  • Preference Category (Employment-based): First Preference is EB-1 Priority Workers (i.e. Extraordinary Ability, Outstanding Researcher, or Multinational Manager petitions), Second Preference is EB-2 Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability; Third Preference is EB-3 Skilled Workers, Professionals, and Other Workers, Fourth Preference is Certain Special Immigrants, and Fifth Preference is EB-5 Employment Creation.

  • Preference Category (Family-based): First Preference is Unmarried Sons and Daughters of U.S. Citizens, Second Preference is Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents broken down to F2A (Spouses and Children of Permanent Residents) and F2B (Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents), Third Preference is Married Sons and Daughters of U.S. Citizens, and Fourth Preference is Brothers and Sisters of Adult U.S. Citizens.

  • Country: This is the country of your birth, even if you have become a citizen in a different country.

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