August 2023 Visa Bulletin

While there were some employment-based immigrant categories that moved forward in August 2023, the Visa Bulletin has shown retrogression in several employment-based immigrant visa categories. What does that mean for you?

The Visa Bulletin is a monthly publication from the US Department of State. Very generally speaking, it provides an update of the wait time for eligibility to receive an immigrant visa or a green card. Each year only a specific number of immigrant visas/green cards are available, and the Visa Bulletin indicates if an employment-based petition beneficiary can apply for permanent residence, either through filing a Form I-485 with the USCIS or through immigrant visa processing at a U.S. embassy or consulate. Eligibility depends on an individual’s country of birth or chargeability, as well as the type of employment-based immigration petition that was filed (first preference EB-1, second preference EB-2, or third preference EB-3). Karam Law’s immigration attorneys use the Visa Bulletin to estimate and provide updates on processing times for a worker to get through an employment-sponsored green card process and file the final step, which is an application for permanent residency.

An individual can determine his / her place in the immigration line by looking at the Priority Date listed on their Form I-140. Once a Form I-140 is approved, the individual can examine the Visa Bulletin to see where his or her Priority Date compares to the applications that the U.S. government is accepting (Dates for Filing) and adjudicating (Final Action Dates). Once the individual’s Priority Date or a later date appears on the Visa Bulletin in the appropriate column and row of the Final Action Dates chart, the individual becomes eligible to receive permanent residency (green card / immigrant visa). When this occurs, we refer to the Priority Date as being “current.”

Individuals that are in the United States may apply for permanent residency using Form I-485 once the Priority Date listed on their I-140 is current. USCIS identifies which chart (Dates for Filing Chart or the Final Action Chart) they will use for filing I-485 applications each month. We recommend that you reach out to your Karam Law attorney for further guidance on which chart USCIS is using. Once the I-485 is filed, an applicant is authorized to remain in the United States and becomes eligible for interim benefits, including employment authorization and travel authorization (called advance parole).

The August 2023 Visa Bulletin shows retrogression in several employment-based green card categories. Retrogression occurs when the Visa Bulletin priority dates move backwards instead of forward in time. The retrogression is a result of the high demand exceeding the available supply of green cards / immigrant visas for this fiscal year.

With August 2023 retrogression, many applicants are asking what this means for a pending I-485 adjustment of status case. If you are an applicant that has already filed Form I-485 and are waiting for your case to be adjudicated, a retrogression does not impact your pending case. These cases will be held by USCIS until the priority dates again become current. During that time, an applicant remains eligible to remain in the country in a period of authorized stay and apply for interim benefits of employment authorization and advance parole for travel.

Individuals with approved I-140 petitions who have not yet filed Form I-485 or applied for an immigrant visa must wait until their priority date becomes current on the Visa Bulletin.

The silver lining is that the government’s new fiscal year begins in October. With the new fiscal year, the Visa Bulletin may show an advance in Priority Dates in October. Nevertheless, the Visa Bulletin dates remain dependent on the demand and the annual limits on preference categories.

If you have questions, please reach out to Karam Law’s team of immigration experts at [email protected] or 952-854-3313.