The U.S. State Department released the July Visa Bulletin, showing advancement in key employment-based categories. However, all countries under EB-3, excluding China and India, will retrogress by almost a year. U.S. Citizenship and Immigration Services confirmed that in July it will use Final Action Dates to determine filing eligibility.

Final Action Dates Movement:

EB-1

  • China EB-1 will advance two months to Nov. 1, 2022.
  • India EB-1 will advance 11 months to Feb. 1, 2022.
  • All other countries under EB-1, including Mexico and the Philippines, will remain current.

EB-2

  • China EB-2 will advance one month to March 1, 2020.
  • India EB-2 will advance two months to June 15, 2012.
  • All other countries under EB-2, including Mexico and the Philippines, will advance two months to March 15, 2023.

EB-3

  • China EB-3 will remain the same.
  • India EB-3 will advance one month to Sept. 22, 2012.
  • All other countries under EB-3, including Mexico and the Philippines, will retrogress almost a year to Dec. 1, 2021.

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 June 15, 2012 March 15, 2023 March 15,

2023
EB-3 Dec. 1, 2021 Sept. 1, 2020 Sept. 22, 2012 Dec. 1, 2021 Dec. 1, 2021

Additional Information: As predicted in the June Visa Bulletin, the State Department said it has become necessary to retrogress the worldwide EB-3 final action date (including Mexico and the Philippines) effective in July. USCIS notes that because of continued high demand and number use in this category, it will likely be necessary to either further retrogress the final action date or make the category “unavailable” in August. BAL will continue to monitor the situation and provide updates as information becomes available.

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

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