At a glance
- 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 EB-3 China and India, which are unchanged.
- 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, for which final action dates will remain unchanged.
- All other final action dates and all dates for filing will be unchanged in September.
- The State Department anticipates that employment-based immigrant visas for FY 2024 are likely to be exhausted sometime in September, if not earlier.
- USCIS will honor Final Action dates for employment-based categories in September.
A closer look
According to the State Department's September 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 will stay at November 1, 2022, and India will remain at February 1, 2022. All other countries will continue to be current.
- EB-2: China will remain at March 1, 2020, and India will remain at July 15, 2012. All other countries will remain at March 15, 2023.
- EB-3 Professionals and Skilled Workers: China will remain at September 1, 2020, and India will remain at October 22, 2012. All other countries will retrogress by one year, to December 1, 2020, in line with previous State Department warnings of a likely substantial retrogression for EB-3 worldwide.
- EB-3 Other Workers: The EB-3 Other Worker subcategory will retrogress by one month, to December 1, 2020, for all countries except China, India, and Philippines, for which final action dates will remain unchanged.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), China will remain at December 15, 2015, and India will stay at December 1, 2020. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.
The September Dates for Filing are unchanged from August.
USCIS has announced it will accept applications for adjustment of status based on the Visa Bulletin Final Action Dates in September.
Availability of employment-based immigrant visas for the remainder of FY 2024 and in FY 2025
Because of sustained high demand, the State Department anticipates that employment-based immigrant visas may be exhausted for many categories and countries sometime in September, if not earlier.
With respect to the EB-3 Professional, Skilled Worker, and Other Worker subcategories, the State Department anticipates that Final Action dates could advance in October, when Fiscal Year 2025 begins, but cautions that date movements will depend on actual demand.
Final Action dates for September 2024
EB-1
China: November 1, 2022
India: February 1, 2022
All other countries: Current
EB-2
China: March 1, 2020
India: July 15, 2012
All other countries: March 15, 2023
EB-3 Professionals and Skilled Workers
China: September 1, 2020
India: October 22, 2012
All other countries: December 1, 2020
EB-3 Other Workers
China: January 1, 2017
India: October 22, 2012
Philippines: May 1, 2020
All other countries: December 1, 2020
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
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.