The State Department released the July Visa Bulletin, showing retrogression in the employment-based third preference category for all countries except China. 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 Movement

EB-1

  • China EB-1 will remain at Feb. 1, 2022.
  • India EB-1 will remain at Feb. 1, 2022.
  • All other countries under EB-1 will remain current.

EB-2

  • China EB-2 will remain at June 8, 2019.
  • India EB-2 will remain at Jan. 1, 2011.
  • All other countries under EB-2 will remain at Feb. 15, 2022.

EB-3

  • China EB-3 will remain at April 1, 2019.
  • India EB-3 will retrogress 3½ years to Jan. 1, 2009.
  • Mexico, the Philippines and all other countries under EB-3 will retrogress four months to Feb. 1, 2022.

Final Action Dates for Employment-Based Preference Cases:

Preference All Other Countries China India Mexico Philippines
EB-1 Current Feb. 1, 2022 Feb. 1, 2022 Current Current
EB-2 Feb. 15, 2022 June 8, 2019 Jan. 1, 2011 Feb. 15, 2022 Feb. 15, 2022
EB-3 Feb. 1, 2022 April 1, 2019 Jan. 1, 2009 Feb. 1, 2022 Feb. 1, 2022


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

BAL Analysis: The June Visa Bulletin warned of possible retrogression in India EB-3. In July’s Visa Bulletin, the State Department said that the retrogression “became necessary” because India’s EB-3 number use has been “consistently robust” and “it is estimated that applicants chargeable to India will use all EB-3 numbers made available to them during this fiscal year.” Likewise, the final action dates for Mexico, the Philippines and Rest of World continued to retrogress due in part to “higher than expected demand from applicants with priority dates earlier than the established final action dates.” Officials said they would continue to monitor the situation and make adjustments as needed.

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

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