October 2023 Visa Bulletin Updates
With the start of the government’s Fiscal Year 2024, the October 2023 visa bulletin has finally moved dates forward again, after retrogressions in multiple employment based visa categories over the summer of 2023. USCIS has announced that they will accept family and employment-based Adjustment of Status applications based on the Dates for Filing in October 2023.
The October 2023 visa bulletin reflects forward movement for the EB-2 and EB-3 India visa categories and EB-2 EB-3 China visa categories, and forward movement for the EB-2 and EB-3 All Countries visa categories, with a priority date still listed for each visa category due to high visa demand. For October 2023, the EB-2 India category date for filing has progressed to May 15, 2012, and the EB-3 India category has progressed to August 1, 2012. EB-2 China has moved forward to January 1, 2020, and EB-3 China has moved forward to September 1, 2020. The EB-1 category is current for All Countries, but the EB-1 category remains with a priority date in 2022 for China, and 2019 for India. In the October 2023 visa bulletin, the Department of State notes that the slower advancement of these dates is reflective of their effort to keep visa issuance within quarterly limits for the 2024 fiscal year.
Individuals who continue to have backlogged priority dates may have the opportunity to secure additional H-1B extensions as needed while awaiting visa bulletin advancement. Those with pending Adjustment of Status applications that remain backlogged can continue to renew EADs and Advance Parole documents as needed and may have opportunities to port employment. Consult with your Parker Gallini attorney if you have any questions about these options.
USCIS to Allow Online Rescheduling of Biometrics Appointments and to Exempt the Form I-539 Biometric Service Fee for All Applicants
On June 28, 2023, United States Citizenship and Immigration Services (USCIS) introduced a new tool that will allow immigration benefit requestors and their attorneys to reschedule biometrics appointments online. Biometrics appointments, which are essential to many immigration processes, including obtaining a Green Card, previously could only be changed by calling the USCIS Contact Center. Now, benefit requestors may reschedule their appointment using their USCIS account, which can be created on uscis.gov. While this is a welcome change, there are limitations to the online tool. It cannot be used to reschedule an appointment that is within 12 hours or has already passed. Additionally, USCIS will only consider untimely rescheduling requests through the Contact Center and with good cause. Good cause for untimely rescheduling or missing a biometrics appointment includes illness, transportation issues, inability to leave employment, late or undelivered notice of appointment and more.
Beginning October 1, 2023, USCIS will not require biometrics appointments for I-539 applicants, with rare exceptions. If an applicant mistakenly submits the $85 biometrics fee with their application, the fee will be refunded.
Please contact your Parker Gallini attorney if you have any questions about Biometrics or need help with an expired Biometrics appointment.
Immigration at Work 