USCIS announces every month whether applicants already living in the United States should file their “adjustment of status” applications based on the “Final Action Dates” or the “Dates for Filing” as reported by the Department of State in their monthly visa bulletin. For May 2023 as provided in the May 2023 Visa Bulletin, family-based applicants must use the “Dates for Filing,” while employment-based applicants must use the “Final Action Dates” for April.
The State Department has retrogressed final action dates for all countries except China in April due to an increase in demand in the EB-2 category. This measure will keep immigrant visa number use within the annual limit for 2023.
Of note, the F-2A family-based category (Spouses and Unmarried Children (Under Age 21) of U.S. Green Card Holders) saw a significant change in last month’s Visa Bulletin. Due to a growing backlog of cases in this category, the “Final Action Dates” for F-2A applications are no longer “current” for the first time in several years. Although the “Dates for Filing” have remained current for the F-2A category, these cases will NOT be adjudicated until the priority date is current. This change is likely to significantly increase wait times for green cards under the F-2A category.