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The NOVEMBER 2023 Visa Bulletin summarizes “Application Final Action Dates” and “Dates for Filing Applications.” These indicate when to notify immigrant visa applicants to submit required documentation to the National Visa Center (NVC) regarding Family-Based Priority Dates (FB).
Unless this Visa Bulletin indicates otherwise, individuals seeking to file applications for adjustment of status with USCIS must use the “Application Final Action Dates” charts to determine when USCIS will accept applications. This Bulletin may indicate whether such individuals may instead use the “Dates for Filing Visa Applications” charts when USCIS determines that more immigrant visas are available for the fiscal year than known applicants for such visas.
Consular officers must report documentarily qualified applicants for a numerically limited immigrant visa to DoS. USCIS reports adjustment of status applicants (I-485). When possible, the 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 category or foreign state with excessive demand as “oversubscribed.” The cut-off date for an oversubscribed category is the priority date of the first applicant who is not within numerical limits.
If retrogression of a cut-off date during the monthly allocation process becomes necessary, the Visa Office (VO) will honor supplemental requests for numbers only if a priority date falls within the new cut-off date announced in this Visa Bulletin. Should an annual limit be reached, the preference category will immediately become “unavailable.” In that case, the Visa Office will honor no further requests for visa numbers.
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see above). “C” means current, i.e., numbers are authorized for issuance to all qualified applicants; and “U” means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants with a priority date earlier than the final action date listed below.)
*For NOVEMBER 2023, F2A numbers EXEMPT from the per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01FEB19. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO, with priority dates beginning 01FEB19 and earlier than 08Feb19. All MEXICO F2A numbers are exempt from the per-country limit.
The chart below reflects dates for filing visa applications within a timeframe that justifies immediate action in the application process. Once NVC sends detailed instructions, applicants for immigrant visas with a priority date earlier than the cut-off date in the chart below may submit required documents. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to NVC for an immigrant visa. Applicants in categories designated “current” may file applications, regardless of priority date. If a category is “current,” all applicants in that category may file applications regardless of priority date.
Click here to see if you can use this chart instead of the “Final Action Dates” chart for adjustment of status applications.
Please Note: Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. The Visa Office has not processed every applicant with a priority date earlier than a prevailing final action date. Rather, the VO allots visas only on the basis of total applicants reported documentarily qualified each month, compared with available numbers. Demand for visa numbers can fluctuate from month to month. This inevitably impacts final action dates.
The cut-off date for an oversubscribed category is the priority date of the first applicant not within numerical limits. The Visa Office may allot an immigrant visa number only to applicants with priority dates earlier than the cut-off date. If the VO must retrogress a cut-off date during the monthly allocation process, they will honor supplemental requests only if the priority date falls within the new cut-off date announced in the Visa Bulletin.
The annual minimum family-sponsored preference limit is 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. The per-country limit for preference immigrants is 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.
The Visa Office (VO) must issue family-sponsored and employment-based preference visas to eligible immigrants in the order in which they file. Spouses and children of preference immigrants are entitled to the same status and order of consideration if they accompany or follow to join the principal. Immigrant visa prorating provisions apply to allocations for a foreign state/dependent area when demand exceeds per-country limit. These now apply to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
Preference classes for allotment of Family-sponsored immigrant visas are as follows.
23,400 plus any numbers not required for 4th preference.
114,200, plus the number (if any) by which worldwide family preference level exceeds 226,000, plus any unused 1st preference numbers.
77% of the overall 2nd preference limitation, of which 75% are exempt from the per-country limit.
23% of the overall 2nd preference limitation.
23,400, plus any numbers not required by 1st and 2nd preferences.
65,000, plus any numbers not required by first three preferences.