Future Retrogression of EB-3, Modest Advancement of EB-2 and EB-3 India Final Action and Dates for Filing, and Movement in the Family-Sponsored Dates for Filing Chart — Visa Lawyer Blog — July 10, 2024
We are pleased to inform our readers that yesterday July 9th, the U.S. Department of State’s Bureau of Consular Affairs released the August Visa Bulletin. In this blog post we breakdown the projected movement of the employment-based and family-sponsored categories in the month of August.
USCIS Adjustment of Status
For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed that in August it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence.
For family-sponsored preference categories, USCIS will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence.
Highlights of the August 2024 Visa Bulletin
Employment-Based Categories
Final Action and Dates for Filing EB-2 and EB-3 India Advancement
- The Final Action date for EB-2 India will advance to July 15, 2012 and the Date for Filing to July 22, 2012
- The Final Action date for EB-3 India will advance to October 22, 2012 and the Date for Filing to November 1, 2012
Other Categories
- The Final Action dates and Dates for Filing for the remaining employment-based categories remain the same as the July Visa Bulletin
EB-3 Retrogression in September
- The State Department warns applicants that the EB-3 Final Action date will likely retrogress or become unavailable in the September Visa Bulletin
Family-Sponsored Categories
Dates for Filing Advancements
F-2A Spouses and Children of Permanent Residents
- F2A All countries will advance by seven and a half months to June 15, 2024 (from November 1, 2023)
F3 Married Sons and Daughters of U.S. Citizens
- Except for Mexico and the Philippines, all other countries will advance by three months to January 1, 2011 (from October 1, 2010)
F-4 Brothers and Sisters of Adult U.S. Citizens
- F4 Mexico will advance by two days to April 30, 2001
Final Action Date Advancements
F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
- F2B Mexico will advance by one week to July 15, 2004
Employment-Based Categories
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s August 2024 Visa Bulletin, the following Final Action cutoff dates will apply for employment-based categories and adjustment of status applications filed with USCIS in August:
EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives
- EB-1 India will remain at February 1, 2022
- EB-1 China will remain at November 1, 2022
- EB-1 All other countries will remain current
EB-2 Members of the Professions and Aliens of Exceptional Ability
- EB-2 India will advance by one month to July 15, 2012
- EB-2 China will remain at March 1, 2020
- EB-2 All other countries will remain at March 15, 2023
EB-3 Professionals and Skilled Workers
- EB-3 India will advance by one month to October 22, 2012
- EB-3 China will remain at September 1, 2020
- EB-3 All other countries will remain at December 1, 2021 (this category retrogressed in July by eleven months and three weeks)
EB-3 Other Workers
- EB-3 India will advance by one month to October 22, 2012
- EB-3 China will remain at January 1, 2017
- EB-3 Philippines will remain at May 1, 2020
- EB-3 All other countries will remain at January 1, 2021
EB-3 FINAL ACTION DATE IMPORTANT NOTICE OF RETROGRESSION IN SEPTEMBER
Given continued high demand and number use in the EB-3 category, the State Department projects that this category will likely further retrogress or become unavailable in September.
EB-4 Religious Workers
- EB-4 All countries will remain at January 1, 2021
EB-5 Unreserved Categories (C5, T5, I5, and R5)
- India will remain at December 1, 2020
- China will remain at December 15, 2015
- All other countries will remain current
EB-5 Set-Aside Categories (Rural, High Unemployment, and Infrastructure) will also remain current
The bold represents the advancement of the category.
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01NOV22 | 01FEB22 | C | C |
| 2nd | 15MAR23 | 01MAR20 | 15JUL12 | 15MAR23 | 15MAR23 |
| 3rd | 01DEC21 | 01SEP20 | 22OCT12 | 01DEC21 | 01DEC21 |
| Other Workers | 01JAN21 | 01JAN17 | 22OCT12 | 01JAN21 | 01MAY20 |
| 4th | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 |
| Certain Religious Workers | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 |
| 5th Unreserved (including C5, T5, I5, R5) |
C | 15DEC15 | 01DEC20 | C | C |
| 5th Set Aside: Rural (20%) |
C | C | C | C | C |
| 5th Set Aside: High Unemployment (10%) |
C | C | C | C | C |
| 5th Set Aside: Infrastructure (2%) |
C | C | C | C | C |
Employment-Based August 2024 Final Action Dates
EB-1
- China: November 1, 2022
- India: February 1, 2022
- All other countries: Current
EB-2
- China: March 1, 2020
- India: July 15, 2012 (Advancement)
- All other countries: March 15, 2023
EB-3 Professionals and Skilled Workers (Retrogression in September)
- China: September 1, 2020
- India: October 22, 2012 (Advancement)
- All other countries: December 1, 2021
EB-3 Other Workers (Retrogression in September)
- China: January 1, 2017
- India: October 22, 2012 (Advancement)
- Philippines: May 1, 2020
- All other countries: January 1, 2021
EB-4
- All countries: January 1, 2021
EB-5 Unreserved (Regional Center and Non-Regional Center)
- China: December 15, 2015
- India: December 1, 2020
- All other countries: Current
EB-5 Set-Asides
- Rural: Current for all countries
- High Unemployment: Current for all countries
- Infrastructure: Current for all countries
DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s August 2024 Visa Bulletin, the Dates for Filing cutoff dates will be as follows:
EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives
- EB-1 India will remain at February 8, 2022
- EB-1 China will remain at January 1, 2023
- EB-1 All other countries will remain current
EB-2 Members of the Professions and Aliens of Exceptional Ability
- EB-2 India will advance by one month to July 22, 2012
- EB-2 China will remain at June 1, 2020
- EB-2 All other countries will remain at March 22, 2023
EB-3 Professionals and Skilled Workers
- EB-3 India will advance by one month to November 1, 2012
- EB-3 China will remain at July 1, 2021
- EB-3 Philippines will remain at January 1, 2023
- EB-3 All other countries will remain at February 1, 2023
EB-3 Other Workers
- EB-3 India will advance by one month to November 1, 2012
- EB-3 China will remain at June 1, 2017
- EB-3 Philippines will remain at May 15, 2020
- EB-3 All other countries will remain at January 8, 2021
EB-4 Religious Workers
- EB-4 Religious Workers will remain at February 1, 2021
EB-5 Unreserved Categories (C5, T5, I5, and R5)
- India will remain at April 1, 2022
- China will remain at January 1, 2017
- All other countries will remain current
EB-5 Set-Aside Categories (Rural, High Unemployment, and Infrastructure) will also remain current
The bold represents the advancement of the category.
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01JAN23 | 08FEB22 | C | C |
| 2nd | 22MAR23 | 01JUN20 | 22JUL12 | 22MAR23 | 22MAR23 |
| 3rd | 01FEB23 | 01JUL21 | 01NOV12 | 01FEB23 | 01JAN23 |
| Other Workers | 08JAN21 | 01JUN17 | 01NOV12 | 08JAN21 | 15MAY20 |
| 4th | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 |
| Certain Religious Workers | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 |
| 5th Unreserved (including C5, T5, I5, R5) |
C | 01JAN17 | 01APR22 | C | C |
| 5th Set Aside: (Rural – 20%) |
C | C | C | C | C |
| 5th Set Aside: (High Unemployment – 10%) |
C | C | C | C | C |
| 5th Set Aside: (Infrastructure – 2%) |
C | C | C | C | C |
Employment-Based August 2024 Dates for Filing
EB-1
- China: January 1, 2023
- India: February 8, 2022
- All other countries: Current
EB-2
- China: June 1, 2020
- India: July 22, 2012 (Advancement)
- All other countries: March 22, 2023
EB-3 Professionals and Skilled Workers
- China: July 1, 2021
- India: November 1, 2012 (Advancement)
- Philippines: January 1, 2023
- All other countries: February 1, 2023
EB-3 Other Workers
- China: June 1, 2017
- India: November 1, 2012 (Advancement)
- Philippines: May 15, 2020
- All other countries: January 8, 2021
EB-4
- All countries: February 1, 2021
EB-5 Unreserved (Regional Center and Non-Regional Center)
- China: January 1, 2017
- India: April 1, 2022
- All other countries: Current
EB-5 Set-Asides
- Rural: Current for all countries
- High Unemployment: Current for all countries
- Infrastructure: Current for all countries
DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s August 2024 Visa Bulletin, the Dates for Filing cutoff dates will apply for adjustment of status applications filed with USCIS in the month of August.
F-1 Unmarried Sons and Daughters of U.S. Citizens
- F1 Mexico will remain at April 1, 2005
- F1 Philippines will remain at April 22, 2015
- F1 All other countries will remain at September 1, 2017
F-2A Spouses and Children of Permanent Residents
- F2A All countries will advance by seven and a half months to June 15, 2024 (from November 1, 2023)
F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
- F2B Mexico will remain at May 1, 2005
- F2B Philippines will remain at October 1, 2013
- F2B All other countries will remain at January 1, 2017
F3 Married Sons and Daughters of U.S. Citizens
- F3 Mexico will remain at June 15, 2001
- F3 Philippines will remain at November 8, 2003
- F3 All other countries will advance by three months to January 1, 2011 (from October 1, 2010)
F-4 Brothers and Sisters of Adult U.S. Citizens
- F4 Mexico will advance by two days to April 30, 2001
- F4 Philippines will remain at April 1, 2006
- F4 India will remain at June 15, 2006
- F4 All other countries will remain at March 1, 2008
The bold represents the advancement of the category.
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 01SEP17 | 01SEP17 | 01SEP17 | 01APR05 | 22APR15 |
| F2A | 15JUN24 | 15JUN24 | 15JUN24 | 15JUN24 | 15JUN24 |
| F2B | 01JAN17 | 01JAN17 | 01JAN17 | 01MAY05 | 01OCT13 |
| F3 | 01JAN11 | 01JAN11 | 01JAN11 | 15JUN01 | 08NOV03 |
| F4 | 01MAR08 | 01MAR08 | 15JUN06 | 30APR01 | 01APR06 |
Family Sponsored August 2024 Dates for Filing
F-1 Unmarried Sons and Daughters of U.S. Citizens
- Mexico: April 1, 2005
- Philippines: April 22, 2015
- All other countries: September 1, 2017
F-2A Spouses and Children of Permanent Residents
- All countries: June 15, 2024 (Advancement)
F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
- Mexico: May 1, 2005
- Philippines: October 1, 2013
- All other countries: January 1, 2017
F3 Married Sons and Daughters of U.S. Citizens
- Mexico: June 15, 2001
- Philippines: November 8, 2003
- All other countries: January 1, 2011 (Advancement)
F-4 Brothers and Sisters of Adult U.S. Citizens
- India: June 15, 2006
- Mexico: April 30, 2001(Advancement)
- Philippines: April 1, 2006
- All other countries: March 1, 2008
FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
According to the Department of State’s August 2024 Visa Bulletin, the following Final Action cutoff dates will apply for family-sponsored categories:
F-1 Unmarried Sons and Daughters of U.S. Citizens
- F1 Mexico will remain at May 8, 2002
- F1 Philippines will remain at March 1, 2012
- F1 All other countries will remain at October 22, 2015
F-2A Spouses and Children of Permanent Residents
- F2A Mexico will remain at February 1, 2021
- F2A All other countries will remain at November 15, 2021
F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
- F2B Mexico will advance by one week to July 15, 2004
- F2B Philippines will remain at October 22, 2011
- F2B All other countries will remain at May 1, 2016
F3 Married Sons and Daughters of U.S. Citizens
- F3 Mexico will remain at March 1, 2000
- F3 Philippines will remain at September 8, 2002
- F3 All other countries will remain at April 1, 2010
F-4 Brothers and Sisters of Adult U.S. Citizens
- F4 Mexico will remain at February 8, 2001
- F4 Philippines will remain at February 1, 2004
- F4 India will remain at January 22, 2006
- F4 All other countries will remain at August 1, 2007
The bold represents the advancement of the category.
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA-mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 22OCT15 | 22OCT15 | 22OCT15 | 08MAY02 | 01MAR12 |
| F2A | 15NOV21 | 15NOV21 | 15NOV21 | 01FEB21 | 15NOV21 |
| F2B | 01MAY16 | 01MAY16 | 01MAY16 | 15JUL04 | 22OCT11 |
| F3 | 01APR10 | 01APR10 | 01APR10 | 01MAR00 | 08SEP02 |
| F4 | 01AUG07 | 01AUG07 | 22JAN06 | 08FEB01 | 01FEB04 |
Family Sponsored August 2024 Final Action Dates
F-1 Unmarried Sons and Daughters of U.S. Citizens
- Mexico: May 8, 2002
- Philippines: March 1, 2012
- All other countries: October 22, 2015
F-2A Spouses and Children of Permanent Residents
- Mexico: February 1, 2021
- All other countries: November 15, 2021
F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
- Mexico: July 15, 2004 (Advancement)
- Philippines: October 22, 2011
- All other countries: May 1, 2016
F3 Married Sons and Daughters of U.S. Citizens
- Mexico: March 1, 2000
- Philippines: September 8, 2002
- All other countries: April 1, 2010
F-4 Brothers and Sisters of Adult U.S. Citizens
- Mexico: February 8, 2001
- India: January 22, 2006
- Philippines: February 1, 2004
- All other countries: August 1, 2007
Conclusion
DOS Projection – Further Retrogression in the EB-3 Category Expected or Category May Become “Unavailable” by September
For the employment-based categories, India’s EB-2 final action date will advance by one month to July 15, 2012, and the Date for Filing will advance by one month to July 22, 2012.
Additionally, India’s EB-3 final action date will advance to October 22, 2012, and the Date for Filing will advance to November 1, 2012.
No other movement can be seen in the rest of the employment-based categories in the month of August.
Finally, the State Department warns applicants that the EB-3 Final Action date will likely retrogress or become unavailable in the September Visa Bulletin
With respect to the family-based categories dates for filing, F-2A will advance by seven and a half months to June 15, 2004. F3 will advance by three months to January 1, 2011, and F4 Mexico will advance by two days to April 30, 2001.
The final action date for F2B Mexico will also advance by one week to July 15, 2004.
As we do every month, we will keep you updated on the upcoming movement and changes in the Visa Bulletin right here on our blog.
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