At a glance
In September, USCIS will accept employment-based adjustment applications from foreign nationals with a priority date that is earlier than the Final Action dates listed in the State Department's September Visa Bulletin.
Employment-Based Priority Date Cut-offs for September 2019
To be eligible to file an employment-based adjustment application in September, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.
The U.S. Citizenship and Immigration Services (USCIS) has chosen to honor the Department of State Final Action Dates chart, rather than the Dates for Filing chart, in September. In the September Visa Bulletin, the State Department also confirmed that EB-1 India has been unavailable since early July and announced that September cutoff dates will take effect immediately for EB-1 China and EB-3 China and India. Though it is not yet known whether USCIS will apply the EB-1 and EB-3 retrogressions immediately, or if it will continue to accept applications that are current on the August Visa Bulletin for the remainder of this month, when mid-month retrogressions have occurred in the past, the agency has accepted applications and held them until priority dates became current again.
FINAL ACTION CUT-OFF DATES FOR SEPTEMBER 2019
* An asterisk (*) indicates immediate unavailability
EB-1
India: Unavailable*
China: January 1, 2014*
All other countries: October 1, 2017
EB-2
China: January 1, 2017
India: May 8, 2009
All other countries: January 1, 2018
EB-3 Professionals and Skilled Workers
China: January 1, 2014*
India: July 1, 2005*
All other countries: July 1, 2016
EB-3 Other Workers
China: November 22, 2007*
India: July 1, 2005*
All other countries: July 1, 2016
EB-4
All other countries: Unavailable*
EB-5
China: October 22, 2014
Vietnam: October 22, 2014
India: September 1, 2017
All other countries: Current
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.