The State Department released the August Visa Bulletin, showing significant retrogression in the employment-based first preference category for India and the third preference category for all other countries except China. Employment-based second and third preference categories for China show some advancement.

U.S. Citizenship and Immigration Services announced it would use the Final Action Dates chart to determine employment-based filing eligibility for adjustment of status.

Final Action Dates: Key Movements


  • China EB-1 will remain at Feb. 1, 2022.
  • India EB-1 will retrogress more than 10 years to Jan. 1, 2012.
  • All other countries under EB-1 will move from current to Aug. 1, 2023.


  • China EB-2 will advance one month to July 8, 2019.
  • India EB-2 will remain at Jan. 1, 2011.
  • All other countries under EB-2 will advance six weeks to April 1, 2022.


  • China EB-3 will advance two months to June 1, 2019.
  • India EB-3 will remain at Jan. 1, 2009.
  • All other countries under EB-3 will retrogress 21 months to 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 April 1, 2022 July 8, 2019 Jan. 1, 2011 April 1, 2022 April 1, 2022
EB-3 May 1, 2020 June 1, 2019 Jan. 1, 2009 May 1, 2020 May 1, 2020

Additional Information: USCIS said it would use the Dates for Filing chart for family-based adjustment-of-status applications next month.

The August Visa Bulletin stated that it would introduce an EB-1 final action date and retrogress EB-3 for Rest of World countries, Mexico and the Philippines to hold number use within the maximum allowed under the fiscal year 2023 annual limit. The State Department also said that it could no longer issue EB-1 visas for India without regard to visa allocations for other countries; therefore, applicants from India are no longer able to receive EB-1 numbers for FY2023.

BAL Analysis: As a reminder, it is likely the final action date will advance in October to at least the final action date announced in the July Visa Bulletin; however, the movement of the date depends on variables such as visa demand and the employment-based FY2024 annual limit. BAL will continue to monitor Visa Bulletin developments and will provide updates as information becomes available.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact

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