Immigration

Retrogression of EB-3, Modest Advancement in Some Employment Based and Family Sponsored Categories — Visa Lawyer Blog — June 10, 2024

We are pleased to inform our readers that today June 10th, the U.S. Department of State’s Bureau of Consular Affairs released the July Visa Bulletin. In this blog post we breakdown the projected movement of the employment-based and family-sponsored categories during the month of July.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed that in July 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 July 2024 Visa Bulletin

Employment-Based Categories

Final Action Dates

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 India will advance by eleven months to February 1, 2022
  • EB-1 China will advance by two months to 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 two months to June 15, 2012
  • EB-2 China will advance by one month to March 1, 2020
  • EB-2 All other countries will advance by two months to March 15, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by one month to September 22, 2012
  • EB-3 China will remain at September 1, 2020
  • EB-3 All other countries will retrogress by eleven months and three weeks to December 1, 2021

EB-3 Other Workers

  • EB-3 India will advance by one month to September 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 advance by almost three months to January 1, 2021

EB-3 JULY 2024 VISA BULLETIN NOTICE

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 August.

EB-4 Religious Workers

  • All countries will advance by tw0 months to January 1, 2021 

EB-5 Investment 

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

Employment-Based Categories

Dates For Filing

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives 

  • EB-1 India will advance by more than ten months to 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 more than one month to June 22, 2012
  • EB-2 China will remain at June 1, 2020
  • EB-2 Mexico and the Philippines will advance by more than one month to March 22, 2023
  • EB-2 All other countries will advance by more than one month to March 22, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by more than 2 weeks to October 1, 2012
  • EB-3 China will remain at July 1, 2021
  • EB-3 Mexico will remain at February 1, 2023
  • 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 more than two weeks to October 1, 2012
  • EB-3 China will remain at June 1, 2017
  • EB-3 Philippines will remain at May 15, 2020
  • EB-3 Mexico will advance by more than three weeks to January 8, 2021
  • EB-3 All other countries will advance by more than three weeks to January 8, 2021

EB-4 Religious Workers

  • EB-4 Religious Workers will advance by two months to February 1, 2021

EB-5 Investment 

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

Family-Sponsored Categories

Final Action Dates

In the Final Action Dates Chart, the following categories will advance:

F-1 Unmarried Sons and Daughters of U.S. Citizens

  • F1 Mexico will advance by more than four months to May 8, 2002
  • F1 Philippines will remain at March 1, 2012
  • F1 All other countries will advance by three and a half months to 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 16, 2021

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • F2B Mexico will remain at July 8, 2004
  • F2B Philippines will remain at October 22, 2011
  • F2B All other countries will advance by one month to May 1, 2016

F3 Married Sons and Daughters of U.S. Citizens

  • F3 Mexico will advance by three months to March 1, 2000
  • F3 Philippines will advance by more than two weeks to September 8, 2002
  • F3 All other countries will advance by one month to April 1, 2010

F-4 Brothers and Sisters of Adult U.S. Citizens

  • F4 Mexico will advance by one week to February 8, 2001
  • F4 Philippines will advance by two months to February 1, 2004
  • F4 India will advance by one week to January 22, 2006
  • F4 All other countries will advance by ten days to August 1, 2007

Family-Sponsored Categories

Dates For Filing

The Dates for Filing categories will advance as follows:

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 two months to November 1, 2023

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • F2B Mexico will advance by almost six months to 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 one month to October 1, 2010

F-4 Brothers and Sisters of Adult U.S. Citizens

  • F4 Mexico will advance by one day to April 28, 2001
  • F4 Philippines will advance by ten months to April 1, 2006
  • F4 India will remain at June 15, 2006
  • F4 All other countries will remain at March 1, 2008

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s July 2024 Visa Bulletin, the following Final Action cutoff dates will apply for employment-based categories and adjustment of status applications filed with USCIS in the month of July:

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 India will advance by eleven months to February 1, 2022
  • EB-1 China will advance by two months to 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 two months to June 15, 2012
  • EB-2 China will advance by one month to March 1, 2020
  • EB-2 All other countries will advance by two months to March 15, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by one month to September 22, 2012
  • EB-3 China will remain at September 1, 2020
  • EB-3 All other countries will retrogress by eleven months and three weeks to December 1, 2021

EB-3 Other Workers

  • EB-3 India will advance by one month to September 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 advance by almost three months to January 1, 2021

EB-3 IMPORTANT NOTICE OF RETROGRESSION IN AUGUST

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 August.

EB-4 Religious Workers

  • EB-4 All countries will advance by two months to 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 15JUN12 15MAR23 15MAR23
3rd 01DEC21 01SEP20 22SEP12 01DEC21 01DEC21
Other Workers 01JAN21 01JAN17 22SEP12 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 July 2024 Final Action Dates

EB-1 

  • China: November 1, 2022 (Advancement)
  • India: February 1, 2022 (Advancement)
  • All other countries: Current

EB-2

  • China: March 1, 2020 (Advancement)
  • India: June 15, 2012 (Advancement)
  • All other countries: March 15, 2023 (Advancement)

EB-3 Professionals and Skilled Workers

  • China: September 1, 2020
  • India: September 22, 2012 (Advancement)
  • All other countries: December 1, 2021 (Retrogression)

EB-3 Other Workers 

  • China: January 1, 2017
  • India: September 22, 2012 (Advancement)
  • Philippines: May 1, 2020
  • All other countries: January 1, 2021 (Advancement)

EB-4

  • All countries: January 1, 2021 (Advancement)

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 July 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 advance by more than ten months to 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 more than one month to June 22, 2012
  • EB-2 China will remain at June 1, 2020
  • EB-2 Mexico and the Philippines will advance by more than one month to March 22, 2023
  • EB-2 All other countries will advance by more than one month to March 22, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by more than 2 weeks to October 1, 2012
  • EB-3 China will remain at July 1, 2021
  • EB-3 Mexico will remain at February 1, 2023
  • 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 more than two weeks to October 1, 2012
  • EB-3 China will remain at June 1, 2017
  • EB-3 Philippines will remain at May 15, 2020
  • EB-3 Mexico will advance by more than three weeks to January 8, 2021
  • EB-3 All other countries will advance by more than three weeks to January 8, 2021

EB-4 Religious Workers

  • EB-4 Religious Workers will advance by two months to 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 22JUN12 22MAR23 22MAR23
3rd 01FEB23 01JUL21 01OCT12 01FEB23 01JAN23
Other Workers 08JAN21 01JUN17 01OCT12 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 July 2024 Dates for Filing

EB-1

  • China: January 1, 2023
  • India: February 8, 2022 (Advancement)
  • All other countries: Current

EB-2

  • China: June 1, 2020
  • India: June 22, 2012 (Advancement)
  • All other countries: March 22, 2023 (Advancement)

EB-3 Professionals and Skilled Workers

  • China: July 1, 2021
  • India: October 1, 2012 (Advancement)
  • Philippines: January 1, 2023
  • All other countries: February 1, 2023

EB-3 Other Workers

  • China: June 1, 2017
  • India: October 1, 2012 (Advancement)
  • Philippines: May 15, 2020
  • All other countries: January 8, 2021 (Advancement)

EB-4

  • All countries: February 1, 2021 (Advancement)

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 July 2024 Visa Bulletin, the Dates for Filing cutoff dates will apply for family-sponsored categories and adjustment of status applications filed with USCIS in the month of July:

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 two months to November 1, 2023

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • F2B Mexico will advance by almost six months to 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 one month to October 1, 2010

F-4 Brothers and Sisters of Adult U.S. Citizens

  • F4 Mexico will advance by one day to April 28, 2001
  • F4 Philippines will advance by ten months to 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 01NOV23 01NOV23 01NOV23 01NOV23 01NOV23
F2B 01JAN17 01JAN17 01JAN17 01MAY05 01OCT13
F3 01OCT10 01OCT10 01OCT10 15JUN01 08NOV03
F4 01MAR08 01MAR08 15JUN06 28APR01 01APR06

Family Sponsored July 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: November 1, 2023 (Advancement)

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • Mexico: May 1, 2005 (Advancement)
  • 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: October 1, 2010 (Advancement)

F-4 Brothers and Sisters of Adult U.S. Citizens

  • India: June 15, 2006
  • Mexico: April 28, 2001(Advancement)
  • Philippines: April 1, 2006 (Advancement)
  • All other countries: March 1, 2008

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

According to the Department of State’s July 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 advance by more than four months to May 8, 2002
  • F1 Philippines will remain at March 1, 2012
  • F1 All other countries will advance by three and a half months to 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 16, 2021

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • F2B Mexico will remain at July 8, 2004
  • F2B Philippines will remain at October 22, 2011
  • F2B All other countries will advance by one month to May 1, 2016

F3 Married Sons and Daughters of U.S. Citizens

  • F3 Mexico will advance by three months to March 1, 2000
  • F3 Philippines will advance by more than two weeks to September 8, 2002
  • F3 All other countries will advance by one month to April 1, 2010

F-4 Brothers and Sisters of Adult U.S. Citizens

  • F4 Mexico will advance by one week to February 8, 2001
  • F4 Philippines will advance by two months to February 1, 2004
  • F4 India will advance by one week to January 22, 2006
  • F4 All other countries will advance by ten days to 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 08JUL04 22OCT11
F3 01APR10 01APR10 01APR10 01MAR00 08SEP02
F4 01AUG07 01AUG07 22JAN06 08FEB01 01FEB04

Family Sponsored July 2024 Final Action Dates

F-1 Unmarried Sons and Daughters of U.S. Citizens

  • Mexico: May 8, 2002 (Advancement)
  • Philippines: March 1, 2012
  • All other countries: October 22, 2015 (Advancement)

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 8, 2004
  • Philippines: October 22, 2011
  • All other countries: May 1, 2016 (Advancement)

F3 Married Sons and Daughters of U.S. Citizens

  • Mexico: March 1, 2000 (Advancement)
  • Philippines: September 8, 2002 (Advancement)
  • All other countries: April 1, 2010 (Advancement)

F-4 Brothers and Sisters of Adult U.S. Citizens

  • Mexico: February 8, 2001 (Advancement)
  • India: January 22, 2006 (Advancement)
  • Philippines: February 1, 2004 (Advancement)
  • All other countries: August 1, 2007 (Advancement)

 Conclusion

DOS Projection – Further Retrogression in the EB-3 Category Expected or Category May Become “Unavailable” by August

According to the State Department’s July Visa Bulletin, high demand in the EB-3 categories has required a retrogression in the worldwide EB-3 Final Action dates (including Mexico and Philippines) effective in July.

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 August.

The rest of the employment-based and family-sponsored categories will experience slight to modest advancement.

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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