Visa bulletin February 2023: analysis and forecasts (2023)

One of the most important aspects of getting a US green card is waiting for your priority date to become current. For those who have invested time, effort, and money in an immigrant visa, questions like "How long will it take for my date to update?" and "Can I expedite this process?" We provide regular monthly updates on the latest Visa Bulletin, analyze date movements and project months ahead to answer these questions. This month we are reviewing the February 2023 Visa Bulletin.

For more information on the background to the Visa Bulletin and how to read the Bulletin, please scroll to the bottom of the publication or click on the appropriate link in the summary.

Visa Bulletin February 2023: Overview and Predictions

In this new newsletter, we see minimal changes in the family category. The only change in the family-based final action date table is that the Mexico date was changed to April 1, 2001. In the employment-based category, we see the largest change in the EB3 Other category, which is declining in both the final action data chart and archive table data due to the use of higher than expected numbers. Authorities are monitoring this category and have said they will make changes if necessary.

The Action Completion Dates graph determines whenI-485or IV are admitted,while the table of dates to file determines when an applicant can file an I-485.

Let's say you currently have an adjustment of status (AOS) pending. Your priority date must be current according to the final action table to decide on your green card. If you are considering interfiling, a process that allows AOS applicants to change their preference category, feel free to do so.contact VisaNation Law Group.

Family Green Cards

The category forfamily immigrationincludes four preference levels based on how your sponsored family member relates to you. There are five paid areas for this category: China, India, Mexico, the Philippines, and all other countries. Due to the global pandemic and limited consulate inquiries abroad, family-based immigrant visas continue to be used infrequently. Therefore, all unused family visas are added to the EB categories.

Family based data for chart submission

The Filing Dates table determines when an applicant can file an I-485.We do not see any changes since the January 2022 Visa Bulletin. All countries in the F-2A category are up to date.

In the F1 category, China, India and all other eligible countries remain from August 8, 2016, Mexico from December 1, 2002 and the Philippines from April 22, 2015.

In the F2B category, China, India and all other eligible countries remain from January 1, 2017. The Philippines remains from October 1, 2013. Mexico remains from January 1, 2002.

China, India and all other qualified countries remain in the F3 category since November 8, 2009, Mexico since June 15, 2001, and the Philippines since November 8, 2003.

In the F4 category, China, India and all other eligible countries have been since December 15, 2007, while Mexico has remained since April 1, 2001, and the Philippines since April 22, 2004.

For the purposes of the February 2023 AOS Bulletin,USCIS reported using the Filing Dates tablewhichGraphic to be used for family sponsored mailings.Please check back at a later date. If a particular immigrant visa category is "Current" in the Action Completion Dates table or the deadline date in the Action Completion Dates table is later than the date in the Filing Dates table, applicants may send an entry in that table of action completion dates.Immigrant visa categories can be submitted this month using the Final Action Dates table.

*Numbers in parentheses indicate the amount of movement on the reporting date for that particular category compared to the previous month. If there are no brackets on certain dates, there will be no movement in the last visa bulletin for those dates/categories.

Family Based Action Completion Date Chart

The Action Completion Dates table shows only one change since the last Visa Bulletin, which was Mexico F1, changed to April 1, 2001. All countries on the F-2A are up to date.

In the F-1 category, China, India and the rest of the world remained on December 1, 2014. Mexico changed on April 1, 2001. The Philippines remained on March 1, 2012.

In the F-2B category, China, India, and the rest of the world remained on September 22, 2015, while Mexico remained on June 1, 2001, and the Philippines on October 22, 2011.

In the F-3 category, China, India, and the rest of the world remained on November 22, 2008, while Mexico remained on November 1, 1997, and the Philippines on June 8, 2002.

Finally in the F-4 category are China and the rest of the world on March 22, 2007, India on September 15, 2005 and the Philippines on August 22, 2002. Mexico stayed on August 1, 2000.

*Numbers in parentheses indicate movement on the last promotion date for that particular category compared to the previous month. If there are no brackets on certain dates, there will be no movement in the last visa bulletin for those dates/categories.

Keep in mind that marriage-based green card applicants are known as immediate family members and do not have to wait to obtain a green card.

Employment-Based Green Cards

USCIS issues five different preference levels and seven fee rangesjob related categoryVisa through your job or occupation. The toll zones are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam and general category.

Employment-Based Final Action Data Table

We see some changes to the final table of promotion dates in the employment-based category. All countries in EB-1 are up to date except China and India which are up to date as of this bulletin on February 1, 2022.

In EB-2, Mexico, the Philippines, Central America, and the rest of the world remain on November 1, 2022. Additionally, China remained on June 8, 2019, while India remained on October 8, 2011.

Mexico, the Philippines, Central America and the rest of the world are in force at the EB-3 category. Mainland China remains as of August 1, 2018, while India remains as of June 15, 2012. We see a decline in the EB-3 Other category for Mexico, the Philippines, Central America, and the rest of the world through 1 January 2020 Expert attribute decreased to higher than expected usage in this category. The State Department said it will continue to monitor the situation and make changes if necessary.

In the EB-4 category are all areas subject to payment as of June 22, 2022, including China and the Philippines. Central America was on March 15, 2018.

For EB-5, all countries except China (March 22, 2015) and India (November 8, 2019) are current.

USCIS statedto use the credentials tablefor allEmployment-based OSA records for February 2023.

Employment-based data for the shipping table

These are the dates of the last promotion of the February 2023 Visa Bulletin for work-based immigrant visas. All countries on EB-1 are current except China and India, which are as of June 1, 2022.

In EB-2, we see that Mexico, the Philippines, Central America, and the rest of the world remain on December 1, 2022. China remains on July 8, 2019, and India on May 1, 2012. In the EB-3 category , now Mexico, the Philippines, Central America and the rest of the world. China trails off on September 1, 2018, and India trails off on August 1, 2012. Finally, for EB-3 Other, we see Mexico, the Philippines, Central America, and the rest of the world go back 2 years to February 1, 2012. 2020 Once again, the authorities attribute the decline to higher-than-expected usage in this category.

Finally, in the EB-5 category without reservations are Mexico, the Philippines, Central America and the rest of the world. China remained on January 1, 2016 and India on December 8, 2019.

*Numbers in parentheses indicate movement on the last promotion date for that particular category compared to the previous month. If there are no brackets on certain dates, there will be no movement in the last visa bulletin for those dates/categories.

Important dates for the Visa Bulletin in February 2023

For those new to the green card process, it's worth learning a few terms and remembering to understand the rest of this February 2023 Visa Bulletin report. If you have additional questions about the process or anything else related to your green card, contact your immigration attorney. .

priority dates

The first term you will hear is the priority date. Anyone who files a petition with USCIS will receive a priority date when the government receives their petition. A priority date determines a person's place in line for an immigrant visa. Please have this date handy, as you will need it to compare with the dates in this newsletter. Remember that your priority date will not change and you can only change it under certain circumstances.

Observation: Priority dates are not relevant tofirst degree relativesUS citizens (for example, spouses or minor children), as this category is always in effect.

Last promotion dates

Promotion end dates are based on green card level andcargo area- Your country of origin. Therefore, the end dates of the promotion are constantly changing depending on how many people from each paying area have applied for this green card.

If there are still green cards available, the action completion date is likely to be closer to your priority date. If there is no green card available, you will not see any movement from this last promotion date. However, when the limit expires, you may see the date drop or move back from your priority date.

Once the last promotion date in your green card preference level and fee bracket reaches your priority date, your priority date will be considered current. Once updated, adjust your status or complete consular processing.

Date to file tables and I-485

You will notice that there are two graphs for each category.

The filing date determines whether or not the person can file the final immigrant visa application.

The Action Completion Date graphic indicates whether an immigrant visa number will be available.

If you must file Adjustment of Status, Form I-485, you should follow the Action End Date table to find out when to file based on your priority date. However, sometimes USCIS will determine that it accepts Forms I-485 based on the "Date Filing" table. USCIS uses this table when there are more immigrant visas than available applicants.

The USCIS announces which card applicants can use within a week of the publication of the Visa bulletin.

Can you shorten your waiting time?

The short answer is: probably not. However, there are two important cases where you can reduce your green card processing time, which we explain here.

The first option is to file an I-140 for a green card and a toll area with a current priority date. In this case, instead of waiting the usual six months for your order to be processed, you can pay an additional premium processing fee, which reduces processing time to 15 calendar days. However, this is only available to certain green cards using the I-140. Not available for family-based immigration or investment and EB-1C or EB-2 NIW.

The second situation includesgreen card "toll' or move your app from a lower to a higher preference level to take advantage of shorter wait times. This is misleading because you are not transferring your green card. You actually have to start with a new request (and a new PERM, if necessary). The porting aspect only comes into play if you indicate that you want to keep your original priority date.

As enticing as "tolling" may seem, it is a delicate process with unique requirements. Therefore, it is always a good idea to have your immigration attorney approve decisions like these.

keep up

In the world of immigration law, it always pays to be informed. The more you know about your green card, the easier it will be to make informed decisions about your case. To keep up with things like the latest visa bulletin, you can sign up for the Department of State's e-newsletter.[Email protected]with the message "Subscribe to the Visa Bulletin".