14 Apr 2023
May 2023 Visa Bulletin: Retrogressions and "Corrective Action"
Notes:
D. VISA AVAILABILITY IN THE EMPLOYMENT-BASED FIRST PREFERENCE (EB-1) FOR CHINA AND INDIA
Increased rest of world demand and number use in EB-1 will most likely necessitate retrogression in the final action dates for China and India in the coming months to hold number use within the maximum allowed under the FY-2023 annual limits. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
E. FURTHER RETROGRESSION IN THE EMPLOYMENT-BASED SECOND PREFERENCE (EB-2) FOR REST OF WORLD COUNTRIES, MEXICO, AND PHILIPPINES
In the April 2023 Visa Bulletin, the EB-2 final action dates for Rest of World, Mexico, and the Philippines retrogressed to keep number use within the FY 2023 annual limit. This was due to higher than expected demand from applicants with priority dates earlier than the established final action dates. The Department and USCIS continue to see increased demand from these applicants, necessitating further retrogression. As a result, the Rest of World, Mexico, and Philippines EB-2 final action dates have retrogressed to 15FEB22. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
F. VISA AVAILABILITY IN THE EMPLOYMENT-BASED SECOND PREFERENCE (EB-2) AND THE EMPLOYMENT-BASED FIFTH PREFERENCE (EB-5) FOR INDIA
Despite recent retrogressions, there continues to be high demand for EB-2 and EB-5 visa numbers by applicants with priority dates earlier than the established final action dates. As a result, it will be necessary to retrogress the India Employment Second Preference and Employment Fifth Preference final action dates as early as next month to keep visa issuances within their annual per-country limit. Every effort will be made in October to return the final action dates to at least the final action dates announced for April.
G. VISA AVAILABILITY IN THE EMPLOYMENT-BASED THIRD PREFERENCE (EB-3) FOR REST OF WORLD COUNTRIES, MEXICO, AND PHILIPPINES
As readers were informed was possible in Item E of the March 2023 Visa Bulletin, it has become necessary to establish EB-3 final action dates for Rest of World, Mexico, and Philippines, effective in May, to hold number use within the maximum allowed under the FY-2023 annual limit. Applicants from Rest of World, Mexico, and Philippines are subject to a final action date of 01JUN22. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
H. VISA AVAILABILITY IN THE EMPLOYMENT-BASED THIRD PREFERENCE “OTHER WORKERS” (EW) CATEGORY
Higher than expected number use in the EW category, most notably amongst applicants with early priority dates, will likely necessitate further corrective action in the Rest of World, Mexico, and Philippines final action dates 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."