EB-1 China and EB-1 India Retrogress; No Movement for EB-2 and EB-3 India

By Andrew M. Wilson

December 20, 2022 | Immigration Blog

The January 2023 Visa Bulletin was released. It shows something we have not seen in awhile - EB-1 China and EB-1 India are no longer current.

EB-1 China and EB-1 India Final Action Dates both fell back to February 1, 2022. (The Date for Filing is June 1, 2022) This represents increased filings in the EB-1 preference category for those trying to avoid the longer EB-2 and EB-3 backlogs.

Unfortunately, EB-2 India and EB-3 India did not move at all. It is more cold water in the face of those who could not complete their I-485 process in 2021 or 2022.

Overall, the Department of State estimates that the FY 2023 employment-based annual limit will be approximately 197,000, due to approximately 57,000 unused family-based numbers from FY 2022. This is down from approximately 281,500 in FY 2022, and obviously portends for much slower movement going forward.

For more info on the outlook for FY 2023 see:

For more information on this topic, please contact Andrew M. Wilson; (awilson@lippes.com or 716.853.5100 x1345) or a member of the Lippes Mathias Immigration practice team. 

Disclaimer: The information in this post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from our firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

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