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The NOVEMBER 2023 Visa Bulletin summarizes the availability of immigrant visa numbers during November for “Final Action Dates” and “Dates for Filing Applications.” These indicate when the Visa Office (VO) should notify immigrant visa (IV) applicants to submit required documentation regarding Employment-Based Priority Dates (FB).
Unless the USCIS website indicates otherwise, individuals seeking to file adjustment of status applications must use “Final Action Dates” charts below to determine when to file. When USCIS determines that more immigrant visas are available for the fiscal year than known applicants, the USCIS website will state that applicants may instead use the “Dates for Filing Visa Applications” chart in this Bulletin.
Consular officers must report documentarily qualified applicants for numerically limited immigrant visas to DoS. USCIS reports adjustment of status applicants. When possible, the Visa Office (VO) has made allocations in chronological order of reported employment-based (EB) priority dates for demand received by October 3, 2023.
On the chart directly below, the listing of priority dates for any class indicates that the category or foreign state is oversubscribed. “C” means current. That is, “C” indicates that all qualified applicants are eligible for numbers. “U” means unauthorized. This means that the VO has not authorized visa numbers for issuance. (NOTE: Only applicants with priority dates earlier than the cut-off date listed below are eligible for numbers.)
**Employment Third Preference Other Workers Category (EB3 Other Workers): § 203(e) of the November 1997 Nicaraguan and Central American Relief Act (NACARA) as amended in § 1(e) of Pub. L. 105-139, provides that once Employment Third Preference (EB3) Other Worker (EW) cut-off dates have reached priority dates of the latest EW petition approved prior to November 19, 1997, the Visa Office must reduce the 10,000 EW numbers available for a fiscal year by up to 5,000 annually beginning in the following fiscal year. They must make this reduction as long as necessary to offset adjustments under NACARA. Since the EW cut-off date reached its limit November 19, 1997, in FY2001, the reduction in the EW annual limit to 5,000 began in FY2002. For FY2024, this reduction is limited to approximately 150.
The chart below reflects dates for filing visa applications within a time frame justifying immediate action in the application process. Immigrant visa applicants with priority dates earlier than the cut-off date in the chart may assemble and submit required documents to the National Visa Center (NVC), following receipt of notification from NVC with detailed instructions. Cut-off dates for oversubscribed categories are the priority dates of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is “current,” all applicants in that category may file, regardless of priority dates.
The “C” listing indicates that a category is current. This means an applicant may file regardless of priority date. The listing of priority dates for any category indicates that only applicants with priority dates earlier than listed priority dates may file an application.
Click here to see if USCIS has determined that an applicant may use this chart instead of the “Application Final Action Dates” chart above for filing an adjustment of status.
The cut-off date for an oversubscribed category is the priority date of the first applicant not within numerical limits. The Visa Office (VO) may allot an immigrant visa number only to applicants with priority dates earlier than the cut-off date. If cut-off date retrogression becomes necessary during the monthly allocation process, the VO will honor supplemental requests for numbers only if priority dates fall within new cut-off dates announced in the Visa Bulletin.
Consular officers must report to DoS documentarily qualified applicants for numerically limited visas. USCIS reports adjustment of status (I-485) applicants.
To the extent possible, the Visa Office (VO) has made allocations in the charts below in chronological order of reported priority dates, for demand received by October 3, 2023. If they could not satisfy all demand, they have deemed the excessive category or foreign state to be oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who does not fall within numerical limits.
If retrogression of a final action date becomes necessary during the monthly allocation process, the VO will honor supplemental requests for numbers only if a priority date falls within the new final action date announced in this Bulletin. If numbers reach the annual limit at any time, that preference category becomes “unavailable,” and the VO would honor no further requests for numbers.
The Immigration and Nationality Act (INA) § 201 sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. INA § 202 prescribes a per-country limit for preference immigrants of 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is 2%, or 7,320.
INA § 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. INA § 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of § 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
Priority Workers. 28.6% of worldwide level, plus any numbers fourth (EB4) and fifth (EB5) preferences do not require.
Members of Professions Holding Advanced Degrees or Individuals of Exceptional Ability. 28.6% of worldwide level, plus any numbers EB1 does not require.
Skilled Workers, Professionals, and Other Workers. 28.6% of worldwide level, plus any numbers EB1 and EB2 do not require, not more than 10,000 of which to “*Other Workers.”
Certain Special Immigrants. 7.1% of worldwide level.
Employment Creation. 7.1% of worldwide level. 32% of these are reserved as follows.
The VO leaves the remaining 68% unreserved, allotting them for all other qualified immigrants.
The non-minister special immigrant program expires on November 17, 2023, pursuant to HR 5860 signed September 30, 2023. The VO may issue no SR visas overseas and USCIS may not take final action on adjustment of status cases after midnight November 16, 2023. Visas issued prior to this date will only be issued with a validity date of November 16, 2023. All individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the US no later than midnight November 16, 2023.
The SR category is available and subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability for November. If no legislative action takes place to extend the category beyond November 17, 2023, the category will immediately become “Unavailable” as of November 17, 2023. If Congress extends the category beyond November 17, published dates will remain in effect for the remainder of November.