Department of State December 2023 Visa Bulletin Summary

The Department of State has released the December 2023 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In December 2023, USCIS will continue to accept employment-based adjustment of status applications based on the Dates for Filing Employment-Based Preference chart. To be eligible to file an adjustment of status application in December 2023, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

The EB-1 Final Action Date for China will remain at February 15, 2022, while the Final Action Date for India will remain at January 1, 2017. All other countries will remain current.

The EB-2 Final Action Date for China will advance by three weeks to October 22, 2019, while India will remain at January 1, 2012. All other countries will remain at July 15, 2022.

The EB-3 Professional/Skilled Worker Final Action Date for China will advance by three weeks to January 22, 2020, while India will remain at May 1, 2012. All other countries will remain at December 1, 2021.

The Final Action Dates for all EB-4 will remain at January 1, 2019 for all countries, except for Certain Religious Workers, for which visa numbers will be unauthorized for all countries. In addition, with respect to the Final Action date for the EB-5 Unreserved categories, India will remain at December 15, 2018 and China will remain at October 1, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries. 

We note again that USCIS will accept adjustment of status applications under the Dates for Filing chart in December 2023. In order to be eligible to file an employment-based adjustment of status application, foreign nationals must have a priority date that is earlier than the Dates for Filing listed below:

EB-1  

China: August 1, 2022

India: July 1, 2019

All Other Countries: Current

EB-2  

China: January 1, 2020

India: May 15, 2012

All Other Countries: January 1, 2023

EB-3 Professionals and Skilled Workers  

China: September 1, 2020

India: August 1, 2012

Philippines: January 1, 2023

All Other Countries: February 1, 2023

EB-3 Other Workers  

China: June 1, 2017

India: August 1, 2012

Philippines: May 15, 2020

All Other Countries: December 15, 2020

EB-4

All Countries: March 1, 2019

EB-5 Unreserved (Regional Center and Non-Regional Center)

China: January 1, 2017

India: April 1, 2022

All Other Countries: Current

EB-5 Set-Asides

Rural: Current for all countries

High Unemployment: Current for all countries

Infrastructure: Current for all countries

USCIS Clarifies Policy Guidance on L-1 Petitions

USCIS issued policy guidance regarding existing stance on whether sole proprietorships may file an L-1 petition on behalf of its owner, clarifying that they may not. The guidance explained that, unlike a self-incorporated petitioner such as a corporation or limited liability company (LLC), a sole proprietorship does not exist as a distinct legal entity separate and apart for its owner. Therefore, a sole proprietorship may not file an L-1 petition on behalf of its owner. Note however, that while a sole proprietorship cannot sponsor its owners, the guidance notes that because a sole proprietorship may have employees, an L-1 petition filed by a sole proprietorship on behalf of an otherwise eligible employee, may be approvable depending on the facts presented.

USCIS also clarified its policy guidance on blanket L-1 petitions stating that a petitioning organization that fails to timely file an extension of an approved blanket L-1 petition is not required to wait before submitting a new blanket petition. However, if USCIS denies a blanket L-1 petition extension request, the petitioning organization must wait 3 years to file another blanket petition. Failure to timely file, however, does not impose that 3-year waiting period.

Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the updated L-1 policy guidance may affect your specific circumstances, please contact your team at D&S.

USCIS Updates Policy Guidance on Two-Year Foreign Residence Requirement for J-1 Visa Holders

On October 24, 2023, USCIS issued policy guidance clarifying how it determines whether a J-1 visa holder has met the two-year foreign residence requirement. Certain J-1 exchange visitors are required to reside in their “home” country (their country of nationality or last legal residence abroad) for at least two years before they are eligible to apply for an immigrant visa, green card, or nonimmigrant H, L, or K visa.

The updated guidance clarifies that:

• A travel day, where part of the day is spent in the home country, counts towards the two-year foreign residence requirement;

• When it is impossible for the J-1 exchange visitor to satisfy the two-year foreign residence requirement, USCIS considers the situation on a case-by-case basis, in consultation with the Department of State; and

• Foreign medical graduates seeking a waiver of the requirement must obtain a contract from a health care facility in an underserved area, unless:

  • The U.S. Department of Veterans’ Affairs (VA) requests the waiver and the foreign medical graduate practices with the VA for at least 3 years;

  • A federal agency requests the waiver, and the foreign medical graduate practices clinical medicine full time for the agency for at least 3 years; or

  • A federal or state agency requests the waiver for the foreign medical graduate to practice specialty medicine where there is a shortage of health professionals able to provide services in that specialty, and the foreign medical graduate practices for at least 3 years.

USCIS determines whether the two-year foreign residence requirement was met under the preponderance of the evidence standard—in other words, USCIS determines whether it is more likely than not that the requirement was met.
The updated guidance applies to benefit requests filed on or after October 24, 2023.

Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the two-year foreign residence requirement may apply to your specific circumstances, please contact your team at D&S.

U.S. Announces Visa-Free Travel for Israel Passport Holders

As of October 19, 2023, individuals with Israeli passports can travel to the United States for tourism or business purposes for up to 90 days without first obtaining a U.S. visa. While the rollout of visa-free travel for Israeli nationals was slated to occur on November 30, 2023, it appears the State Department has expedited this due to the ongoing conflict in the Middle East and the fact that nonimmigrant and immigrant visa services at the U.S. consular posts in Jerusalem and Tel Aviv are currently suspended. 

On September 26, 2023, the Department of Homeland Security announced Israel’s designation into the Visa Waiver Program (VWP), which allows eligible travelers to apply online for authorization to travel to the United States through the Electronic System for Travel Authorization (ESTA), without requiring them to obtain a U.S. visa. The DHS updated ESTA on October 19, 2023, to permit Israeli passport holders to apply online for travel authorization. 

Those traveling under the Visa Waiver Program by air or by sea must have a round-trip or onward ticket departing the United States within 90 days of their intended arrival, as well as a biometrically enabled passport book. ESTA applications may take up to 72 hours for processing. Those with valid B-1/B-2 visas may continue to use them for travel to the United States until expiration. 

Please note that the above is for informational purposes and does not constitute legal advice. For specific questions about how the Visa Waiver Program may apply to your circumstances, please contact your team at D&S.

D&S November 2023 Visa Bulletin Summary

The Department of State has released the November 2023 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In November 2023, USCIS will continue to accept employment-based adjustment of status applications based on the Dates for Filing Employment-Based Preference chart. To be eligible to file an adjustment of status application in November 2023, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

The EB-1 Final Action Date for India will remain at January 1, 2017, while the Final Action Date for China will remain at February 15, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at January 1, 2012 and China will remain at October 1, 2019. All other countries will advance to July 15, 2022.

The EB-3 Professional/Skilled Worker Final Action Date will remain at May 1, 2012 for India, and China will remain at January 1, 2020. All other countries will remain at December 1, 2021.

The Final Action Dates for all EB-4 will remain at January 1, 2019 for all countries. In addition, with respect to the Final Action date for the EB-5 Unreserved categories, India will remain at December 15, 2018 and China will remain at October 1, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries. 

We note again that USCIS will accept adjustment of status applications under the Dates for Filing chart in November 2023. In order to be eligible to file an employment-based adjustment of status application, foreign nationals must have a priority date that is earlier than the Dates for Filing listed below:

EB-1  

China: August 1, 2022

India: July 1, 2019

All Other Countries: Current
EB-2  

China: January 1, 2020

India: May 15, 2012

All Other Countries: January 1, 2023

EB-3 Professionals and Skilled Workers  

China: September 1, 2020

India: August 1, 2012

Philippines: January 1, 2023

All Other Countries: February 1, 2023

EB-3 Other Workers  

China: June 1, 2017

India: August 1, 2012

Philippines: May 15, 2020

All Other Countries: December 15, 2020

EB-4

All Countries: March 1, 2019

EB-5 Unreserved (Regional Center and Non-Regional Center)

China: January 1, 2017

India: April 1, 2022

All Other Countries: Current

EB-5 Set-Asides

Rural: Current for all countries

High Unemployment: Current for all countries

Infrastructure: Current for all countries

USCIS Updates DACA Policy Following District Court Decision

On September 13, 2023, a Texas District Court issued a decision finding the Biden administration’s revised Deferred Action for Childhood Arrivals (DACA) program unlawful and extending the injunction issued on July 16, 2021. However, the court maintained a partial stay of the order for DACA recipients who received their initial status before July 16, 2021.

In response, USCIS issued an update about the DACA decision stating that, accordingly, current DACA grants and related Employment Authorization Documents (EADs) will remain valid until they expire. Therefore, those with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal. USCIS will continue to accept and process renewal requests. USCIS will also continue to accept initial DACA requests, but it will not process initial DACA requests pending the outcome of litigation.

Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about the consequences of the DACA decision on your specific circumstances, please contact your team at D&S.

D&S October 2023 Visa Bulletin Summary

The Department of State has released the October 2023 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In October 2023, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing Employment-Based Preference chart. To be eligible to file an adjustment of status application in October 2023, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

The EB-1 Final Action Date will advance by five years for India, to January 1, 2017. Final Action dates for China will advance by two weeks, to February 15, 2022 while all other countries will be current.

The EB-2 Final Action Date for India will move forward one year to January 1, 2012 and China will advance to October 1, 2019. All other countries will advance to July 8, 2022.

The EB-3 Professional/Skilled Worker Final Action Date will advance by over three years to May 1, 2012 for India, and China will advance by four months to January 1, 2020. All other countries will advance 19 months, to December 1, 2021.

The Final Action Dates for all EB-4 will advance to January 1, 2019 for all countries. In addition, with respect to the Final Action date for the EB-5 Unreserved categories, India will advance by twenty months to December 15, 2018 and China will advance to October 1, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries. 

We note again that USCIS will accept adjustment of status applications under the Dates for Filing chart in October 2023. In order to be eligible to file an employment-based adjustment of status application, foreign nationals must have a priority date that is earlier than the Dates for Filing listed below:

EB-1  

China: August 1, 2022

India: July 1, 2019

All Other Countries: Current

EB-2  

China: January 1, 2020

India: May 15, 2012

All Other Countries: January 1, 2023

EB-3 Professionals and Skilled Workers  

China: September 1, 2020

India: August 1, 2012

Philippines: January 1, 2023

All Other Countries: February 1, 2023

EB-3 Other Workers  

China: June 1, 2017

India: August 1, 2012

Philippines: May 15, 2020

All Other Countries: December 15, 2020

EB-4

All Other Countries: March 1, 2019

EB-5 Unreserved (Regional Center and Non-Regional Center)

China: January 1, 2017

India: April 1, 2022

All Other Countries: Current

EB-5 Set-Asides

Rural: Current for all countries

High Unemployment: Current for all countries

Infrastructure: Current for all countries

D&S September 2023 Visa Bulletin Summary

The Department of State has released the September 2023 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In September 2023, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in September 2023, foreign nationals must have a priority date that is earlier than that listed on the Final Action Date chart.

With respect to Final Action Dates, all categories remain unchanged from last month. The EB-1 China Final Action date will remain at February 1, 2022, the EB-1 India Final Action date will remain at January 1, 2012, while the EB-1 Final Action date for all other countries will have a cutoff date of August 1, 2023. 

The EB-2 China Final Action date will remain July 8, 2019 and the Final Action date for EB-2 India will remain January 1, 2011. The EB-2 Final Action date for all other countries will advance to July 1, 2022. 

In September, the Final Action date for EB-3 China Professional/Skilled Worker will move forward by three months, to September 1, 2019. EB-3 India Professional/Skilled Worker will remain January 1, 2009. EB-3 Professional/Skilled Worker Final Action date for all other countries will remain at May 1, 2020. 

The Final Action Dates for all EB-4 will remain September 1, 2018 for all countries. In addition, with respect to the Final Action date for the EB-5 Unreserved categories, China will remain at September 8, 2015 while India Final Action will remain at April 1, 2017. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries. 

D&S August 2023 Visa Bulletin Summary

The Department of State has released the August 2023 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In August 2023, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in August 2023, foreign nationals must have a priority date that is earlier than that listed on the Final Action Date chart.

With respect to Final Action Dates, EB-1 India Final Action date will retrogress by over ten years to January 1, 2012. The EB-1 China Final Action date will remain February 1, 2022 while the EB-1 Final Action date for all other countries will have a cutoff date of August 1, 2023. 

The EB-2 China Final Action date will move forward one month to July 8, 2019 while the Final Action date for EB-2 India will remain January 1, 2011. The EB-2 Final Action date for all other countries will advance to April 1, 2022. 

In August, the Final Action date for EB-3 China Professional/Skilled Worker will move forward by two months, to June 1, 2019. EB-3 India Professional/Skilled Worker will remain January 1, 2009. EB-3 Professional/Skilled Worker Final Action date for all other countries will retrogress to May 1, 2020. 

The Final Action Dates for all EB-4 will remain September 1, 2018 for all countries. In addition, the Final Action date for the EB-5 Unreserved categories, China will remain at September 8, 2015 while India Final Action will remain at April 1, 2017. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries. 

D&S July 2023 Visa Bulletin Summary

The Department of State has released the July 2023 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In July 2023, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in July 2023, foreign nationals must have a priority date that is earlier than that listed on the Final Action Date chart.

With respect to Final Action Dates, EB-1 China and India will maintain their Final Action cutoff date of February 1, 2022. All other EB-1 categories will remain current. For the EB-2 categories, India will maintain its Final Action cutoff date of January 1, 2011 and China will maintain its Final Action cutoff date of June 8, 2019. All other EB-2 Final Action cutoff dates will remain February 15, 2022.

In July, the EB-3 India Professional/Skilled Work Final Action Date will retrogress by more than three years to January 1, 2009 and EB-3 China Professional/Skilled Worker Final Action date will remain at April 1, 2019. All other countries will retrogress by 4 months to February 1, 2022. 

The Final Action Dates for all EB-4 will remain September 1, 2018 for all countries. In addition, the Final Action date for the EB-5 Unreserved categories, China will remain at September 8, 2015 while India Final Action will remain at April 1, 2017. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.