Business Immigration Insights

The State Department has published the February Visa Bulletin. All categories will freeze next month except All Other Countries EB-3 Professionals, which advances under both Final Action Dates and Dates for Filing. USCIS will continue using the Dates for Filing chart in February, allowing from 3 to 10 months of additional filing time, depending on nationality and category.

Below is a summary, which is based on Final Action Dates and shows changes from the previous month, but first – some background if you’re new to these blog posts.  If you’re familiar with the Visa Bulletin, feel free to skip the following bullet points:

• The Visa Bulletin is released monthly by the U.S. Department of State in collaboration with U.S. Citizenship and Immigration Services (USCIS), which then releases two charts – “Dates for Filing” and “Final Action Dates” – and designates which chart will apply that month.
• If USCIS designates Dates for Filing and your priority date (that is, the date you were placed on the waiting list) is earlier than the cutoff date for your nationality and category in that chart, you may submit your I‑485 adjustment of status application (if you’re eligible to apply with USCIS from inside the United States). However, USCIS cannot approve the application and issue your green card until your priority date is current in Final Action Dates.
• If you are applying from outside the United States, you cannot file your DS‑260 immigrant visa application until the National Visa Center notifies you to do so, and your home embassy cannot issue you an immigrant visa until your priority date is current in Final Action Dates.

Now for the February Visa Bulletin:

As mentioned above, All Other Countries progresses in only one category:

• EB-1 remains current
• EB-2 halts at April 1, 2024
• EB-3 Professionals advances 40 days to June 1, 2023
• EB-3 Other Workers pauses at September 1, 2021

 China stalls in all categories:

• EB-1 at February 1, 2023
• EB-2 at September 1, 2021
• EB-3 Professionals at May 1, 2021
• EB-3 Other Workers at December 8, 2018

All categories for India are likewise on hold:

• EB-1 at February 1, 2023
• EB-2 at July 15, 2013
• EB-3 Professionals and EB-3 Other Workers at November 15, 2013

 NOTE 1:  USCIS will accept I-485 applications in February based on the more favorable Dates for Filing chart, which allows from 3 to 10 months of additional filing time depending on nationality and category:

• Chinese nationals gain 6 months to file in EB‑1; 4 months in EB-2; 8 months in EB‑3 Professionals; and almost 10 months in EB‑3 Other Workers.
• Indian nationals gain 8 months to file in EB-1; 4.5 months in EB-2; and 9 months in EB-3 Professionals/Other Workers.

Nationals of all other countries may file their I-485s in advance of their priority dates being current by 6.5 months in EB-2; 4 months in EB-3 Professionals; and 3 months in EB-3 Other Workers.