U.S. Department of State Releases May 2023 Visa Bulletin

EMPLOYMENT-BASED PREFERENCES

Fifth:  Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.) CHART A sees advancement of Final Action Date for Chinese Investors From July 2015 to September 2015.  

CHART A

DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS 

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

CHART B

ADVANCEMENT OF THE EMPLOYMENT-BASED FIFTH (EB-5) PREFERENCE CATEGORY FINAL ACTION DATE FOR CHINA
In this month's visa bulletin, we see the advancement of the Unreserved Employment-Based Fifth Preference Category Final Action Date for China. In September of 2022 the final action date for Chinese investors was set at December 2015. However, it then retrogressed, or moved backward 9 months, to March 2015 in January of 2023, meaning that Chinese investors were no longer able to use the December 2015 final action date for visa processing. Subsequently, the final action date advanced, or moved forward, to July 2015 in March of 2023, and then further advanced to September 2015 for the upcoming month of May 2023. It's important to note that final action dates are still subject to change and are determined by the U.S. Department of State based on visa availability and demand, and can vary month-to-month. See the below chart for historical movement of the China final action dates for Chart A. 

We continue to encourage all eligible Chinese investors to contact our office directly with any questions at info@firstpathway.com.