Visa Lawyer Blog: EB-3 Final Action Retrogression – No movement until new fiscal year — August 9, 2024
In this blog post, we break down the movement of the employment-based and family-sponsored categories in the coming month. The U.S. Department of State’s Bureau of Consular Affairs published the September Visa Bulletin. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the
Final Action Dates
chart to determine filing eligibility for adjustment of status to permanent residence in the month of September.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 in the month of September.
Highlights of the September 2024 Visa BulletinEmployment-Based CategoriesEB-3 Final Action Dates
The Final Action date for EB-3 Professionals and Skilled Workers will
retrogress
by one year, to December 1, 2020, for all countries, except for China and India
- The Final Action date for EB-3 Other Workers will retrogress by one month, to December 1, 2020, for all countries except China, India, and Philippines
- Other CategoriesThe Final Action dates and Dates for Filing for the remaining employment-based categories remain unchanged from the August Visa BulletinEmployment Based Demand Will Reach FY 2024 Limits in September
The State Department warns applicants that there has been in an increase in demand for employment-based visas during the fiscal year. Due to this, the employment-based categories will reach the numerical limits during September, or even sooner.
- Family-Sponsored Categories
The Final Action dates and Dates for Filing for the family-sponsored categories remain unchanged from the August Visa Bulletin
- Now let’s dive into our analysis.
Employment-Based Categories
- FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s September 2024 Visa Bulletin
,
the following
Final Action cutoff dates will apply for employment-based categories and adjustment of status applications filed with USCIS in September:EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or ExecutivesEB-1 India will remain at February 1, 2022EB-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 remain at 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 remain at October 22, 2012
- EB-3 China will remain at September 1, 2020
EB-3 All other countries will retrogress by one year to December 1, 2020 (The August Visa Bulletin predicted a retrogression of this category).
- EB-3 Other Workers
- EB-3 India will remain at 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 retrogress by one month to December 1, 2020 (The August Visa Bulletin predicted a retrogression of this category).
- 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 retrogression of the category. The remaining categories remain unchanged from previous month.
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 | 01DEC20 | 01SEP20 |
| 22OCT12 | 01DEC20 | 01DEC20 | Other Workers | 01DEC20 | 01JAN17 |
| 22OCT12 | 01DEC20 | 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 | DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES | According to the Department of State’s September 2024 Visa Bulletin, the |
Dates for Filing cutoff dates
will remain unchanged from the month of August as follows:
EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or ExecutivesEB-1 India will remain at February 8, 2022EB-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 remain at 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 remain at 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 remain at 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
- Unchanged from previous month
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 | DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES | According to the Department of State’s September 2024 Visa Bulletin | , |
the
Dates for Filing cutoff dates will apply for adjustment of status applications filed with USCIS in the month of September. These dates remain unchanged from the month of August.F-1 Unmarried Sons and Daughters of U.S. CitizensF1 Mexico will remain at April 1, 2005F1 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 remain at June 15, 2024
- 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 remain at January 1, 2011
- F-4 Brothers and Sisters of Adult U.S. Citizens
- F4 Mexico will
- remain at April
30, 2001
- F4 Philippines will remain at April 1, 2006F4 India will remain at June 15, 2006F4 All other countries will remain at March 1, 2008
- Unchanged from previous month
- 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 | FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES | According to the Department of State’s September 2024 Visa Bulletin, the following | Final Action cutoff dates |
will apply for family-sponsored categories. These dates remain unchanged from the month of August:
F-1 Unmarried Sons and Daughters of U.S. CitizensF1 Mexico will remain at May 8, 2002F1 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 remain at 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
- Unchanged from previous month
- 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 | Conclusion | For the |
employment-based categories
, the Final Action date for EB-3 Professionals and Skilled Workers will retrogress by one year, to December 1, 2020, for all countries, except for China and India. Additionally, the Final Action date for EB-3 Other Workers will retrogress by one month, to December 1, 2020, for all countries except China, India, and Philippines.The Final Action dates and Dates for Filing for the remaining employment-based categories remain unchanged from the August Visa Bulletin. The State Department warns applicants that due to an increase in demand for employment-based visas for fiscal year 2024, the employment-based categories will reach the numerical limits during September, if not sooner.
With respect to the family-based categories
, the Final Action dates and Dates for Filing remain unchanged from the August Visa Bulletin.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.
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