EB-2 Retrogression

USCIS just released the Visa Bulletin for April 2023. The Final Action Dates are to be used for the April Visa Bulletin. Under the Final Action Dates, the EB-2 priority dates for all countries have retrogressed. The EB-1 priority dates for China and India have once again retrogressed.


The EB-2 priority dates for all countries other than China and India have retrogressed from December 1, 2022 to July 1, 2022. Meaning if your I-140 was filed after July 1, 2022, starting April 1, 2023 you will no longer be able to file an adjustment of status until such time as the priority dates move forward in the future. We anticipate based on what limited information is available that priority dates won't become current under EB-2 until the beginning of the new fiscal year in October.


The EB-2 priority dates for China have changed from July 18, 2019 to June 18, 2019 and India has gone backward from May 1, 2012 to January 1, 2011


The EB-1 priority dates for China and India both retrogressed from June 1, 2022 to February 1, 2022. The EB-1 priority dates for all other countries remain current.


For persons who have an EB-2 I-140 pending that was filed between July 1 and December 1, 2022 you only have a few days to get everything prepared and filed. You do not have to provide the I-693 medical exam when you file and can provide it later, which will save some time and allow you to get the I-485 timely filed.


If you are on a J-1, an F-1, or OPT you need to carefully consider your timeline with respect to filing the I-485 as it could negatively impact your ability to obtain or renew your status or obtain work authorization. For those of you whose status will expire between now and October, you should seriously consider filing your adjustment of status now.


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