The State Department released the September Visa Bulletin Tuesday, showing modest or no movement in key employment-based categories. U.S. Citizenship and Immigration Services confirmed it would use the Final Action Dates chart to determine employment-based filing eligibility for adjustment of status.

Final Action Dates: Key Movements

EB-1

  • China EB-1 will remain at Feb. 1, 2022.
  • India EB-1 will remain at Jan. 1, 2012.
  • All other countries under EB-1 will remain at Aug. 1, 2023.

EB-2

  • China EB-2 will remain at July 8, 2019.
  • India EB-2 will remain at Jan. 1, 2011.
  • All other countries under EB-2 will advance three months to July 1, 2022.

EB-3

  • China EB-3 will advance three months to Sept. 1, 2019.
  • India EB-3 will remain at Jan. 1, 2009.
  • All other countries under EB-3 will remain at May 1, 2020.

Final Action Dates for Employment-Based Preference Cases:

Preference All Other Countries China India Mexico Philippines
EB-1 Aug. 1, 2023 Feb. 1, 2022 Jan. 1, 2012 Aug. 1, 2023 Aug. 1, 2023
EB-2 July 1, 2022 July 8, 2019 Jan. 1, 2011 July 1, 2022 July 1, 2022
EB-3 May 1, 2020 Sept.  1, 2019 Jan. 1, 2009 May 1, 2020 May 1, 2020


BAL Analysis: The lack of movement in most categories in the September Visa Bulletin follows dramatic retrogression in India EB-1 and some other categories in the August Visa Bulletin. As a reminder, priority-date cutoffs in some key categories are likely to advance in October, when additional visas become available at the start of the 2024 fiscal year; however, movement of priority-date cutoffs depends on several factors, including visa demand and the employment-based visa limit for the upcoming fiscal year. BAL will continue following the Visa Bulletin and will provide updates as information becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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