State Department provides clarification for upcoming India EB-3 retrogression

The U.S. State Department has provided clarification for the India Employment-Based Third preference (EB-3) retrogression that will take effect in the July 2023 Visa Bulletin.

Key Points:

• For July 2023, no visas remain available for applicants chargeable to India in the EB-3 category.
• The State Department estimates that all EB-3 visa numbers available for the fiscal year will be used by applicants chargeable to India by the start of July 2023.
• The Final Action Date for India will be one day before the priority date of the first Indian applicant estimated to apply for an EB-3 visa.
• The EB-3 Final Action Date for India is expected to advance once the annual limits reset in fiscal year 2024, beginning Oct. 1, 2023.

Additional Information: The State Department previously reported that the retrogression “became necessary” because India’s EB-3 number use has been “consistently robust.” Similar retrogressions have occurred historically, particularly in pre-pandemic years when the annual limits were lower. Recent examples include the Visa Bulletin for September 2019, August 2019 and September 2018.

BAL Analysis: The number of visas is typically depleted at the end of the fiscal year and priority-date cutoffs retrogress before new immigrant visa quotas are available in October. While the Final Action Date is expected to advance in October, the movement of the date depends on variables such as visa demand and the Employment-Based annual limit. BAL will continue to monitor visa bulletin developments and will provide updates as information becomes available.

This alert has been provided by BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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