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September Visa Bulletin: EB-3 Final Action Retrogression, No Movement Until New Fiscal Year

The U.S. Department of State’s Bureau of Consular Affairs recently published the September Visa Bulletin. In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.


USCIS Adjustment of Status


For employment-based preference categories, the U.S. 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 Bulletin


Employment-Based Categories

EB-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 Categories

  • The Final Action dates and Dates for Filing for the remaining employment-based categories remain unchanged from the August Visa Bulletin

Employment 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 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 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 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 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. 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 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, 2006
  • F4 India will remain at June 15, 2006
  • F4 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. 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 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.


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