August 2023 Visa Bulletin: Major Retrogressions Hit F2A and EB-1 India, While Some Categories See Hopeful Forward Movement

The wait for a U.S. green card can often feel like an eternity, filled with anticipation, hope, and sometimes, a bit of anxiety. Each month, the release of the Visa Bulletin by the U.S. Department of State brings with it a wave of emotions, as applicants eagerly check their priority dates against the latest movements. The August 2023 Visa Bulletin is no exception, presenting a complex picture with both significant setbacks and promising advancements across various categories.

At ImmiBook, we understand the immense stress and uncertainty that can come with these updates. Our goal is to break down the technical jargon, explain what these changes truly mean for you and your family, and provide actionable advice to navigate your immigration journey. Let's dive into the details of the August 2023 Visa Bulletin.

Understanding the Visa Bulletin: Final Action Dates vs. Dates for Filing

Before we dissect the latest bulletin, it's crucial to understand the two main charts presented:

• Final Action Dates (Chart A): This chart indicates when a visa number is actually available for an applicant. If your priority date is earlier than the date listed in Chart A for your category and country of chargeability, you are eligible to have your green card application (Form I-485, Application to Register Permanent Residence or Adjust Status) approved, or to receive an immigrant visa interview at a U.S. embassy or consulate abroad.
• Dates for Filing (Chart B): This chart allows certain applicants to file their Form I-485 (if they are in the U.S.) or begin the immigrant visa process (if abroad) earlier than their Final Action Date. USCIS determines monthly whether applicants can use Chart B for filing. It's essential to check the USCIS website to confirm which chart they are accepting for I-485 filings in August 2023. For August, USCIS has indicated that applicants in **all family-sponsored preference categories** must use the **Dates for Filing Chart B**. For **employment-based preference categories**, applicants must use the **Final Action Dates Chart A**.

Keeping track of these dates can be challenging, but ImmiBook is here to help. You can easily monitor your priority date and visa bulletin movements with our ImmiBook Visa Bulletin Tracker.

August 2023 Visa Bulletin: A Snapshot

The August 2023 Visa Bulletin presents a mixed bag of news:

• 21 categories advanced, offering hope to many.
• 9 categories retrogressed, causing significant delays for others.
• 120 categories remained unchanged.
• The average movement for advanced categories was approximately 452 days.

The most impactful changes this month are the substantial retrogressions in the F2A family-sponsored category for almost all countries, and a dramatic retrogression for EB-1 India in the employment-based category. On the positive side, some family-sponsored categories for Mexico and EB-3 Other Workers saw encouraging forward movement.

Detailed Analysis: Employment-Based (EB) Categories

The employment-based categories are allocated 140,000 visas annually. Let's break down the movements for August 2023:

EB-1: Priority Workers (Persons of Extraordinary Ability, Outstanding Professors/Researchers, Multinational Managers/Executives)

The EB-1 category is generally considered the fastest path to a green card for highly skilled individuals. While it typically remains "Current" for most countries, India has faced a significant and often unpredictable backlog.

EB-1 India: A Staggering Retrogression

This month, applicants from India in the EB-1 category are facing a truly disheartening development. The **Final Action Date for EB-1 India has retrogressed by an astonishing 3684 days (more than 10 years!) from February 1, 2022, to January 1, 2012.**

What this means for you: If you are an EB-1 applicant from India with a priority date after January 1, 2012, you will no longer be eligible to have your I-485 approved or receive an immigrant visa interview this month. This is a severe setback, pushing the wait time back by over a decade for many.

• Actionable Advice:
  • Do not panic, but be prepared for a longer wait. This retrogression is likely due to high demand and the State Department trying to manage the annual cap before the fiscal year ends on September 30th.
  • Maintain your current non-immigrant status. Ensure you have a valid visa (H-1B, L-1, O-1, etc.) to remain lawfully in the U.S.
  • Consult with your immigration attorney. Discuss potential alternatives or strategies, such as exploring other visa categories if applicable.
  • Monitor future bulletins closely. While such a severe retrogression is painful, there's always a possibility of forward movement in the new fiscal year (starting October 1st) when new visa numbers become available.

Other EB-1 Countries

For all other countries, including China, the EB-1 category remains **"Current"** for Final Action Dates, meaning a visa is immediately available if you meet all other eligibility requirements. China's Dates for Filing also remain Current.

EB-2: Advanced Degree Professionals and Persons of Exceptional Ability

This category is for professionals holding an advanced degree or its equivalent, or those with exceptional ability in their field.

EB-2 China: Positive Movement in Dates for Filing

Applicants from China in the EB-2 category will see a positive shift in their **Dates for Filing**, which advanced by 92 days from July 8, 2019, to **October 8, 2019.**

• What this means for you: If USCIS allows the use of Chart B for EB-2 in August (they have specified Chart A for employment-based), those with a priority date before October 8, 2019, may be able to file their I-485 application sooner. Always check the USCIS website for confirmation.

Other EB-2 Countries

For most other countries, including India, the EB-2 category remains unchanged or saw minor movements, with Final Action Dates generally around early 2022. India's Final Action Date remains January 1, 2011, and Dates for Filing remain May 15, 2012.

EB-3: Skilled Workers, Professionals, and Other Workers

This category is for skilled workers (requiring at least 2 years of experience or training), professionals (requiring a bachelor's degree), and other workers (requiring less than 2 years of experience).

EB-3 Skilled Workers/Professionals: Widespread Retrogression

Unfortunately, the **Final Action Dates for EB-3 Skilled Workers/Professionals** for **"All Other Countries," Mexico, and the Philippines** have retrogressed significantly by 641 days, moving from February 1, 2022, to **May 1, 2020.**

• What this means for you: If your priority date falls after May 1, 2020, you will experience a delay in your green card process. This retrogression will impact many applicants who were hoping for approval soon.
• Actionable Advice: Similar to EB-1 India, maintain your current non-immigrant status and consult with your attorney. These retrogressions are common towards the end of the fiscal year.

EB-3 Other Workers: Positive Advancements

In contrast to the general EB-3 retrogression, the **EB-3 Other Workers** sub-category saw positive forward movement for **"All Other Countries," Mexico, and the Philippines.** Both Final Action Dates and Dates for Filing advanced by 121 days, moving from January 1, 2020 (Final Action) and February 1, 2020 (Dates for Filing) to **May 1, 2020, and June 1, 2020, respectively.**

• What this means for you: If you are an EB-3 Other Worker from these regions with a priority date before these new dates, you might see your green card process move forward.

EB-3 China: Dates for Filing Advance

EB-3 China's **Dates for Filing** advanced by 92 days, from June 1, 2019, to **September 1, 2019.** This offers an earlier filing opportunity for some Chinese applicants, again assuming USCIS permits use of Chart B for filing.

EB-4 & EB-5 Categories

For August 2023, the data indicates that EB-4 (Certain Special Immigrants) and EB-5 (Immigrant Investors) categories generally remain stable or current for most countries, with specific nuances for China and India in EB-5. Always check the official bulletin for precise dates relevant to your specific situation.

Detailed Analysis: Family-Sponsored (FB) Categories

Family-sponsored categories are allocated 226,000 visas annually. A unique aspect for August 2023 is that **USCIS has confirmed that applicants in all family-sponsored preference categories MUST use the Dates for Filing Chart B** to determine when they can file their I-485 or begin the immigrant visa process.

F1: Unmarried Sons and Daughters of U.S. Citizens

This category is for adult children (21 years or older) of U.S. citizens who are not married.

F1 Mexico: Significant Movement in Dates for Filing

Mexican applicants in the F1 category will see a substantial advancement in their **Dates for Filing**, moving forward by 821 days (over two years!) from January 1, 2003, to **April 1, 2005.**

• What this means for you: If you are an F1 applicant from Mexico with a priority date before April 1, 2005, and USCIS continues to allow Chart B for filing, you have a significant opportunity to file your I-485 or start your immigrant visa process.

Other F1 Countries

For most other F1 categories, including "All Other Countries," China, India, and the Philippines, the dates remain largely unchanged, with Final Action Dates in early 2015 and Dates for Filing around late 2015.

F2A: Spouses and Children (unmarried, under 21) of Lawful Permanent Residents

This category is typically one of the most dynamic and closely watched, as it affects spouses and minor children.

F2A: Widespread and Severe Retrogression

This month brings incredibly challenging news for F2A applicants across almost all chargeability areas. The **Final Action Dates for "All Other Countries," China, India, and the Philippines have retrogressed by 1066 days (nearly 3 years!) from September 8, 2020, to October 8, 2017.** Mexico also faces a significant retrogression of 791 days, moving from November 1, 2018, to **September 1, 2016.**

• What this means for you: If your priority date is after the new retrogressed dates, you will experience a significant delay in your green card approval or interview. This is a major setback for many families hoping to reunite or finalize their immigration status.
• Actionable Advice:
  • This is a tough pill to swallow, but these retrogressions, especially towards the end of the fiscal year, are not uncommon. Visa numbers are often exhausted, leading to temporary setbacks.
  • Maintain your non-immigrant status. For those in the U.S., ensure you have a valid status to remain here lawfully.
  • Do not lose hope. While frustrating, the new fiscal year (starting October 1st) often brings a refresh of visa numbers and potential forward movement.
  • Consult an attorney. They can help you understand your specific situation and advise on any available options.

F2B: Unmarried Sons and Daughters (21 years or older) of Lawful Permanent Residents

This category is for adult children of green card holders who are not married.

F2B Mexico: Significant Movement in Dates for Filing

Mexican applicants in the F2B category will also see a substantial advancement in their **Dates for Filing**, moving forward by 853 days (over two years!) from April 1, 2002, to **August 1, 2004.**

• What this means for you: If you are an F2B applicant from Mexico with a priority date before August 1, 2004, and USCIS allows Chart B for filing, this is an excellent opportunity to file your I-485 or start your immigrant visa process.

Other F2B Countries

For other F2B categories, including "All Other Countries," China, India, and the Philippines, the dates remain largely unchanged, with Final Action Dates in late 2015 and Dates for Filing around late 2016.

F3: Married Sons and Daughters of U.S. Citizens

This category is for married adult children of U.S. citizens. For August 2023, the F3 category generally shows minor or no movements for most countries, with Final Action Dates typically in the mid-2000s and Dates for Filing a few years later. Always refer to the official bulletin for the most accurate dates.

F4: Brothers and Sisters of U.S. Citizens

This category is for siblings of U.S. citizens. The F4 category also shows minor or no movements for most countries in August 2023, reflecting long wait times. Final Action Dates are generally in the early 2000s, with Dates for Filing slightly more current. Check the official bulletin for precise details.

Historical Context and Trends

The August 2023 Visa Bulletin continues a trend we often see towards the end of the fiscal year (which concludes on September 30th). As the annual quota of green cards approaches exhaustion, the State Department often implements significant retrogressions to prevent oversubscription. This is a mechanism to "pump the brakes" on visa issuance until new visa numbers become available with the start of the new fiscal year on October 1st.

The dramatic retrogressions in F2A and EB-1 India are stark reminders of the high demand in these categories and the limitations of the annual visa caps. While painful in the short term, such movements are often followed by some recovery or forward movement in the October Visa Bulletin, when a fresh supply of visa numbers is allocated.

Conversely, the positive movements in Dates for Filing for certain Mexican family categories (F1, F2B) and EB-2/EB-3 China, as well as EB-3 Other Workers, indicate areas where demand might be lower or where previous processing allowed for some forward movement. These advancements, even if only for filing, provide a crucial window of opportunity for applicants to get their applications in the queue.

Actionable Advice for All Applicants

Regardless of whether your category advanced or retrogressed, staying informed and prepared is key. Here's what you should do:

If Your Priority Date Became Current (or Advanced for Filing):

1. Check USCIS Website Immediately: For those in the U.S. seeking Adjustment of Status (I-485), confirm which chart (A or B) USCIS has designated for your category for August 2023. Remember, for August, employment-based must use Chart A, and family-sponsored must use Chart B.
2. Gather Your Documents: If you're eligible to file or move forward, ensure all necessary documents (birth certificates, marriage certificates, medical exam results, affidavits of support, etc.) are up-to-date and readily available.
3. Consult an Immigration Attorney: An experienced lawyer can guide you through the filing process, review your application for accuracy, and ensure all requirements are met, minimizing potential delays.
4. Prepare for Interview: If your Final Action Date is current and you've already filed your I-485 or DS-260, prepare for a potential interview.

If Your Priority Date Retrogressed or Remained Unchanged:

1. Do Not Panic: Retrogression, especially at the end of the fiscal year, is a common occurrence. It doesn't mean your case is canceled, but rather that you'll need to wait longer.
2. Maintain Legal Status: If you are in the U.S., ensure you maintain a valid non-immigrant status (e.g., H-1B, F-1, L-1). Do not let your status lapse.
3. Stay Informed: Continue to monitor the monthly Visa Bulletin updates. The October bulletin, marking the start of a new fiscal year, often brings positive changes as new visa numbers become available.
4. Explore Alternatives (If Applicable): Discuss with your attorney if there are any other visa categories or options you might qualify for that could offer a faster path. For example, if you are a green card holder and your spouse or child is in the F2A category, and you become a U.S. citizen, their category might change to IR-1/IR-2 (Immediate Relative), which is always current.
5. Be Patient and Resilient: The immigration journey requires immense patience. Focus on what you can control and prepare for when your date eventually becomes current again.

General Advice for All Applicants:

• Stay Connected with ImmiBook: Use our ImmiBook Visa Bulletin Tracker to receive personalized updates and track your case progress effortlessly.
• Consult with an Immigration Attorney: This cannot be stressed enough. Immigration law is complex and constantly changing. A qualified attorney provides invaluable guidance tailored to your specific situation.
• Keep Records Organized: Maintain a well-organized file of all your immigration documents, applications, and correspondence.
• Understand Your Priority Date: This is the most critical date for your application. For employment-based petitions, it's generally the date your PERM application was filed or your I-140 was received. For family-sponsored petitions, it's the date your I-130 was received.

Frequently Asked Questions (FAQ)

Q1: What is the Visa Bulletin?

The Visa Bulletin is a monthly publication by the U.S. Department of State that provides updated information on the availability of immigrant visas (green cards) for various preference categories and countries. It helps applicants determine when they can apply for or receive their green card.

Q2: What do "Final Action Dates" mean?

Final Action Dates (Chart A) indicate when a green card can actually be approved, or an immigrant visa interview can be scheduled. Your priority date must be earlier than the listed date for your category and country for your case to be finalized.

Q3: What do "Dates for Filing" mean?

Dates for Filing (Chart B) allow certain applicants to submit their adjustment of status application (Form I-485) or begin the immigrant visa process (DS-260) earlier than their Final Action Date. USCIS decides each month whether to accept Chart B for I-485 filings. For August 2023, family-sponsored categories use Chart B for filing, while employment-based categories use Chart A for filing.

Q4: My priority date retrogressed. What should I do?

If your priority date retrogressed, it means you'll have to wait longer before your green card can be approved or you can have an interview. Do not panic. Maintain your current legal status in the U.S., continue to monitor the monthly Visa Bulletin, and consult with an immigration attorney for personalized advice. These retrogressions are often temporary, especially around the end of the fiscal year.

Q5: My priority date became current. What's next?

Congratulations! If your priority date is current under the applicable chart (A for Final Action, B for Filing), you should immediately consult with your immigration attorney. If in the U.S., you may be eligible to file your I-485 application or proceed with an already filed one. If abroad, your immigrant visa interview process will move forward.

Q6: How often is the Visa Bulletin updated?

The Visa Bulletin is updated monthly, usually around the second or third week of the preceding month (e.g., the August bulletin is released in mid-July).

Q7: What does "Current" (C) mean in the Visa Bulletin?

"Current" (C) means that immigrant visas are immediately available for eligible applicants in that category and country, and there is no backlog. Your priority date is considered current, regardless of when it is.

Q8: What does "Unavailable" (U) mean in the Visa Bulletin?

"Unavailable" (U) means that no visas are available in that category for the specified country at that time. This usually occurs when the annual quota has been reached, or there's an administrative hold. Applicants cannot proceed with their green card application until the category becomes available again.

Summary and Outlook

The August 2023 Visa Bulletin serves as a stark reminder of the complexities and fluctuating nature of the U.S. immigration system. While the significant retrogressions in