The U.S. State Department released the September Visa Bulletin, showing a retrogression by one year for all countries, except for India and China, under EB-3 including Mexico and the Philippines.

Final Action Dates Movement:

EB-1

  • China EB-1 will remain the same.
  • India EB-1 will remain the same.
  • All other countries under EB-1, including Mexico and the Philippines, will remain current.

EB-2

  • China EB-2 will remain the same.
  • India EB-2 will remain the same.
  • All other countries under EB-2, including Mexico and the Philippines, will remain the same.

EB-3

  • China EB-3 will remain the same.
  • India EB-3 will remain the same.
  • All other countries under EB-3, including Mexico and the Philippines, will retrogress by one year to Dec. 1, 2020.

SEPTEMBER

Final Action Dates for Employment-Based Preference Cases:

Preference All Other Countries China India Mexico Philippines
EB-1 Current Nov. 1, 2022 Feb. 1, 2022 Current Current
EB-2 March 15, 2023 March 1, 2020 July 15, 2012 March 15, 2023 March 15, 2023
EB-3 Dec. 1, 2020 Sept. 1, 2020 Oct. 22, 2012 Dec. 1, 2020 Dec. 1, 2020

Additional Information: The State Department reported that there has been a steady increase in both USCIS and Department of State demand patterns for employment-based visas during the fiscal year. As a result, most employment-based preference category limits for FY 2024 are expected to be reached during September, if not sooner.

The rapid approach of issuance totals in the employment-based preference categories toward the FY 2024 annual limit resulted in a slowdown of issuance rates and a retrogress of the EB-3 final action dates for the Rest of World, Mexico and the Philippines. It is anticipated that the final action dates will advance in October 2024. BAL will continue to monitor the State Department’s actions and report on updates accordingly.

U.S. Citizenship and Immigration Services will announce which chart it will use to determine filing eligibility here.

This alert has been provided by the BAL U.S. Practice Group.

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