Immigration

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.

Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.

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