August 2023 Priority Dates - Important Changes

There were some important changes in the Visa Bulletin setting out August 2023 priority dates.


EB-1 Update


The main change in priority dates is the retrogression of the EB-1 category. The EB-1 category priority date of China remains unchanged at February 1, 2022, however, the priority date for India has retrogressed by over 10 years from February 1, 2022, to January 1, 2012. Also, the priority date for all other countries has been retrogressed from Current to August 1, 2023.


EB-1 India Retrogression


The retrogression for India is shocking. Given this change, it is all the more important for qualified persons from India to proceed with an NIW and get their priority date established. Even before this significant change, it was advisable for individuals from India to file an NIW, get their priority date, continue to strengthen their case, and file for the EB-1 once the priority date from the EB-2 was getting close to current for the EB-1 category such that the EB-2 priority date could be ported over. We have worked with many Indian nationals to obtain an NIW and continued to work with them and advise them through building a stronger EB-1. This has proved to be very beneficial as many of our clients were able to immediately file for an adjustment of status upon getting their EB-1 approval notice using their NIW priority date.


EB-2 Update


The good news in the August Visa Bulletin is that for all countries (other than China and India) the priority dates under the EB-2 category progressed and moved forward from February 15, 2022 to April 1, 2022. It is a very encouraging sign that the EB-2 priority dates are moving in the right direction. We are hopeful that when the October Visa Bulletin comes out in September that the priority dates for the EB-2 will make a significant move forward. We recommend that persons with approved and pending I-140s begin the process of preparing for their adjustment of status as there will likely be a significant influx of applications filed in October, and as happened last year, the priority date could retrogress again in November or December. While we expect the AOS window to open in October we anticipate that it won't stay open long.

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