Visa Bulletin For March 2023 (2023)

Number 75
Volume X
Washington, D.C

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A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during Marchfor: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website atwww.uscis.gov/visabulletininfo,individuals seeking to file applications for adjustment of status with USCIS in the Department of Homeland Security must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS 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. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by February9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. 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. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.

2.Section 201 of the Immigration and Nationality Act (INA) 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. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total 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-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. Section 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 Section 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, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSOREDPREFERENCES

First:(F1)Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and 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) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

A. FINAL ACTION DATES FORFAMILY-SPONSOREDPREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "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 whose priority date is earlier than the final action date listed below.)

Family-
Sponsored
All Chargeability
Areas Except
Those Listed
CHINA-mainland
born
INDIAMEXICOPHILIPPINES
F101DEC14
01DEC1401DEC1401APR0101MAR12
F2ACCCCC
F2B22SEP1522SEP1522SEP1501JUN0122OCT11
F322NOV0822NOV0822NOV0801NOV9708JUN02
F422MAR0722MAR0715SEP0501AUG0022AUG02

22MAR05

22MAR05

22DEC10

01FEB16

01FEB16

B. DATES FOR FILING FAMILY-SPONSOREDVISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. 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. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS.

Family-
Sponsored
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIAMEXICOPHILIPPINES
F108AUG1608AUG1608AUG1601DEC0222APR15
F2ACCCCC
F2B01JAN1701JAN1701JAN1701JAN0201OCT13
F308NOV0908NOV0908NOV0915JUN0108NOV03
F415DEC0715DEC0722FEB0601APR0122APR04

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

EMPLOYMENT-BASEDPREFERENCES

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

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth:Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.

A. FINAL ACTION DATES FOREMPLOYMENT-BASEDPREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "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 whose priority date is earlier than the final action date listed below.)

Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born

EL SALVADOR
GUATEMALA
HONDURAS

INDIAMEXICOPHILIPPINES
1stC01FEB22C01FEB22CC
2nd01NOV2208JUN1901NOV2208OCT1101NOV2201NOV22
3rdC01AUG18C15JUN12CC
Other Workers01JAN2001JUL1401JAN2015JUN1201JAN2001JAN20
4th01FEB2201FEB2215MAR1801MAR2101AUG2001FEB22
Certain Religious Workers01FEB2201FEB2215MAR1801MAR2101AUG2001FEB22
5th Unreserved
(including C5, T5, I5, R5)
C08JUL15C01JUN18CC
5th Set Aside:
Rural (20%)
CCCCCC
5th Set Aside:
High Unemployment (10%)
CCCCCC
5th Set Aside:
Infrastructure (2%)
CCCCCC

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year.This reduction is to be made for as long as necessary to offset adjustments under the NACARA program.Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. For Fiscal Year 2023 this reduction will be limited to approximately 150.

B. DATES FOR FILING OF EMPLOYMENT-BASEDVISAAPPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. 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. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether 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 with USCIS.

Employment-
based
All Chargeability
AreasExcept
Those Listed
CHINA-
mainland
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIAMEXICOPHILIPPINES
1stC01JUN22C01JUN22CC
2nd01DEC2208JUL1901DEC2201MAY1201DEC2201DEC22
3rdC01SEP18C01AUG12CC
Other Workers01FEB2001NOV1501FEB2001AUG1201FEB2001FEB20
4th01MAR2201MAR2215APR1801APR2101SEP2001MAR22
Certain Religious Workers01MAR2201MAR2215APR1801APR2101SEP2001MAR22
5th Unreserved
(including C5, T5, I5, R5)
C01JAN16C08DEC19CC
5th Set Aside:
(Rural - 20%)
CCCCCC
5th Set Aside:
(High Unemployment - 10%)
CCCCCC
5th Set Aside:
(Infrastructure - 2%)
CCCCCC

B.DIVERSITYIMMIGRANT(DV)CATEGORY FOR THE MONTHOF MARCH

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program. This will result in reduction of the DV-2023 annual limit to approximately 54,850. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

ForMarch, immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbersBELOWthe specified allocation cut-off number:

RegionAll DV Chargeability Areas Except
Those Listed Separately
AFRICA45,000Except: Algeria 18,425
Egypt 16,150
Morocco 31,725
ASIA18,750

Except: Iran 5,500
Nepal 8,025

EUROPE26,000Except: Russia 14,660
Uzbekistan 8,500
NORTH AMERICA (BAHAMAS)13
OCEANIA1,100
SOUTH AMERICA,
and the CARIBBEAN
2,100

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery.The year of entitlement for all applicants registered for the DV-2023 program ends as of September 30, 2023.DV visas may not be issued to DV-2023 applicants after that date.Similarly, spouses and children accompanying or following to join DV-2023 principals are only entitled to derivative DV status until September 30, 2023.DV visa availability through the very end of FY-2023 cannot be taken for granted.Numbers could be exhausted prior to September 30.

C.THE DIVERSITY (DV) IMMIGRANTCATEGORY RANK CUT-OFFSWHICH WILL APPLY IN APRIL

For April, immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbersBELOWthe specified allocation cut-off number:

RegionAll DV Chargeability Areas Except
Those Listed Separately
AFRICA50,000Except: Algeria 27,550
Egypt 16,150
Morocco 31,725
ASIA18,750Except: Iran 5,500
Nepal 12,600
EUROPE30,000Except: Russia 25,750
Uzbekistan 8,500
NORTH AMERICA (BAHAMAS)13
OCEANIA1,150
SOUTH AMERICA,
and the CARIBBEAN
2,250

D.VISA AVAILABILITY IN THE EMPLOYMENT-BASED SECOND PREFERENCE CATEGORY FOR ALL COUNTRIES (INCLUDING CHINA AND INDIA)

Since December 2022, there has been higher than expected number use and demand, mostly due to continued new filings by applicants from all countries with priority dates earlier than the established final action dates. This will necessitate corrective action in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

E. VISA AVAILABILITY IN THE EMPLOYMENT-BASED THIRD (EB-3) PREFERENCE CATEGORY

Increased demand in the Employment Third category may necessitate the establishment of a worldwide final action date (including Mexico and Philippines) in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

F. FURTHER RETROGRESSION IN EMPLOYMENT-BASED FOURTH (EB-4) CATEGORY

In the December 2022 Visa Bulletin, EB-4 final action and application filing dates were established for Rest of World countries, China, India, and Philippines in response to high demand. Number use and demand in this category have continued to increase, which necessitates further retrogression of the final action dates and application filing dates for Rest of World countries as well as China, India, Mexico, and Philippines, to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

G. RETROGRESSION OF THE EMPLOYMENT-BASED FIFTH (EB-5) PREFERENCE CATEGORY FINAL ACTION DATE FOR INDIA

In the October 2022 Visa Bulletin, a final action date and application filing date were established in the Employment Fifth Preference Unreserved (including C5, T5, I5, and R5) category for India to keep number use within the maximum allowed under the FY-2023 annual limit. Number use and demand has been higher than anticipated at the start of this fiscal year, so further retrogression has become necessary. For March, the final action date for the EB-5 Unreserved category for India is set at 01JUN18. The situation will be continually monitored, and any necessary adjustments made accordingly.

H.ANNUAL WAITING LIST REPORT OF IMMIGRANT VISA APPLICANTS IN THE FAMILY-SPONSORED AND EMPLOYMENT-BASED PREFERENCES REGISTERED AT THE NATIONAL VISA CENTER AS OF NOVEMBER 1, 2022

The National Visa Center has provided the totals of applicants who are registered in the various numerically-limited immigrant categories for processing at overseas posts. This information is available on the Consular Affairswww.travel.state.govwebsite. The direct link to the item is:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics.html

I. FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATESDURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITEAT TRAVEL.STATE.GOV

Department of State Publication 9514

CA/VO: February 9, 2023

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