United States: August Visa Bulletin – Significant Retrogression in EB-1 India and EB-3 Worldwide, Except India and China; Some Categories Likely to Advance Again in October; USCIS to Honor Final Action Dates for Employment-Based Categories
July 13, 2023
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At a glance
- In August, the EB-1 India Final Action date will retrogress by more than ten years to January 1, 2012. However, the Department of State says, depending on usage in the category and on the FY 2024 annual limit, it is likely that in October 2023 the cutoff date will return to at least February 1, 2022, which is the Final Action Date in the July Visa Bulletin.
- The EB-1 Final Action date for all other countries except China will have a cutoff date of August 1, 2023. The EB-1 China Final Action Date will remain at February 1, 2022.
- The EB-2 China Final Action Date will advance one month, to July 8, 2019. The Final Action Date for EB-2 India will remain at January 1, 2011. The EB-2 Final Action Date for all other countries will advance six weeks, to April 1, 2022.
- The Final Action Date for EB-3 China Professional/Skilled Worker will advance by two months, to June 1, 2019, while EB-3 India Professional/Skilled Worker will remain at January 1, 2009. For all other countries, the EB-3 Professional/Skilled Worker Final Action Date will retrogress by almost two years, to May 1, 2020.
- In August, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s August 2023 Visa Bulletin.
A closer look
According to the State Department’s August Visa Bulletin, Final Action cutoff dates for issuance of an immigrant visa or approval of an adjustment of status application will be as follows:
- EB-1: China remains unchanged at February 1, 2022. India will retrogress by ten years and one month, to January 1, 2012. All other countries will retrogress to August 1, 2023.
- EB-2: India will remain at January 1, 2011. China will advance one month, to July 8, 2019. All other countries will advance six weeks, to April 1, 2022.
- EB-3 Professionals and Skilled Workers: India will remain at January 1, 2009, and China will advance by two months, to June 1, 2019. All other countries will retrogress by one year and nine months, to May 1, 2020.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will remain at April 1, 2017 and China will remain at September 8, 2015. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.
USCIS has announced on its own Visa Bulletin web page that the agency will accept adjustment of status applications based on the Final Action Dates chart in August. To be eligible to file an employment-based adjustment of status application next month, foreign nationals must have a priority date that is earlier than the Final Action date listed below for their preference category and country.
EB-1 retrogression
As predicted in the May 2023 Visa Bulletin, due to increased immigrant visa use, the State Department has retrogressed the EB-1 India Final Action Date. The State Department has set the new cutoff date to the date of the oldest priority date of an Indian EB-1 applicant -- January 1, 2012. In the Visa Bulletin, the State Department notes that many Indian EB-1 applicants have priority dates from 2012 to 2015 due to priority date retention from previously approved Form I-140 petitions. The agency also notes that it is likely that in October 2023, at the start of the new fiscal year, the Final Action Date for EB-1 India will return to at least the date in the July 2023 Visa Bulletin, which is February 1, 2022; however, the October date will depend on demand in the category, as well as the FY 2024 annual limit on employment-based immigrant visas.
In addition, due to steady use and high demand, the August Visa Bulletin also set an EB-1 Final Action cutoff date for countries that were previously listed as “current” in recent months – all countries except for India and China. The Final Action dates for these countries will be August 1, 2023, though the State Department notes that it is likely that these countries will return to “current” at the start of the new fiscal year in October 2023.
EB-3 retrogression
The State Department has also further retrogressed the EB-3 Final Action Dates for all countries except India and China as a result of continued increased demand in the category. The agency will continually monitor immigrant visa use for these countries and make any adjustments; further retrogressions cannot be ruled out.
Final Action Dates for August 2023
EB-1
China: February 1, 2022
India: January 1, 2012
All other countries: August 1, 2023
EB-2
China: July 8, 2019
India: January 1, 2011
All other countries: April 1, 2022
EB-3 Professionals and Skilled Workers
China: June 1, 2019
India: January 1, 2009
All other countries: May 1, 2020
EB-3 Other Workers
China: September 1, 2015
India: January 1, 2009
All other countries: May 1, 2020
EB-4
All countries: September 1, 2018
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: September 8, 2015
India: April 1, 2017
All other countries: Current
EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
