May 30, 2023

Volume XIII, Number 150


May 29, 2023

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June 2023 Visa Bulletin Brings Warning of EB-3 Final Action Date Retrogression for India

The U.S. Department of State’s Bureau of Consular Affairs has released the June 2023 Visa Bulletin and U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will accept employment-based I-485 adjustment of status applications per the bulletin’s Final Action Dates chart.

Quick Hits

  • Final action dates remained unchanged except for retrogression for EB-5 (India) and slight advancement for EB-3 Other Workers (China–mainland born).
  • The final action date for the EB-5 Unreserved category (including C5, T5, I5, and R5) for India will retrogress to April 1, 2017.
  • The EB-3 final action date for India may retrogress as early as July 2023 due to continued high demand.

As shown in the chart below, the final action dates in the June 2023 Visa Bulletin remain unchanged from the May 2023 Visa Bulletin in almost all categories, with the only exceptions being retrogression (to April 1, 2017) in the 5th Preference (EB-5) Unreserved category (India) and slight advancement (to September 1, 2015) in the 3rd Preference (EB-3) Other Workers category (China–mainland born).

June 2023 Visa Bulletin Chart

Source: U.S. Department of State, June 2023 Visa Bulletin

The June 2023 Visa Bulletin is the latest in a line of visa bulletins in recent months that have brought regressions and slowdowns, reflecting an overall trend of backlogs in the employment-based visa process.

The June 2023 Visa Bulletin has also brought a predictive note from the State Department: the EB-3 final action date for India could retrogress as early as July 2023. According to the State Department, “[s]teady number use and high demand” in the EB-3 category for India will likely “necessitate” imminent retrogression of the final action date in order to keep EB-3 use within the annual limit for the 2023 fiscal year.

© 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XIII, Number 145

About this Author

Rebecka E. Reibe Associate Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Rebecka Reibe is an associate attorney in the Raleigh office of Ogletree Deakins. Her practice focuses on employment-based immigration matters.

Rebecka’s interest in immigration law stems from her own immigration story. She was born and raised in Sweden until she immigrated to the U.S. at age 18. This experience provided her with a valuable understanding of how the complexities and uncertainties of the immigration process impact visa beneficiaries.

Rebecka attended the University of North Carolina at Chapel Hill, where...