October 2023 Visa Bulletin: Some Relief with New Fiscal Year; Backlogs Remain

Today the U.S. Department of State released the October 2023 Visa Bulletin, which determines when immigrant visa applicants become eligible to file applications for permanent residence or electronic immigrant visa applications.

Final action dates across most employment-based visa categories have moderately advanced, reflecting new visa numbers available for FY-2024. However, backlogs continue for all applicants in the employment-based second preference (EB-2) and third preference (EB-3) categories. Employment-based first preference (EB-1) advances to current for the “rest of world” chargeability group, and EB-1 India sees moderate relief from September. EB-1 China advanced only 15 days from the prior month. Date advancements reflect the State Department’s intention to keep visa issuance within quarterly limits in accordance with INA sections 201(a)(2) and 203(g), with potential date advancements throughout the fiscal year. However, actual date movements will be dependent on visa demand and issuance patterns throughout FY-2024.

The employment-based fourth preference (EB-4) Certain Religious Workers (SR) category is set to expire on September 30, 2023. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2023. Visas issued prior to that date will be valid only until September 29, 2023, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat: admitted) into the United States no later than midnight September 29, 2023.

The SR category is listed as “Unavailable” for all countries for October. In the event there Congress takes legislative action extending the category, it is likely it will become available effective immediately. If extended, the category will be subject to the same final action dates as the other EB-4 categories.

USCIS should provide guidance on applicability of the Final Action Dates or Dates for Filing chart for applications for permanent residence in the coming days. Most employment-based visa categories saw forward movement in these dates as well.