Business Immigration Insights

The September Visa Bulletin brings no surprises.

Below is a summary that includes Final Action Dates and changes from the previous month, but first – some background if you’re new to these blog posts.  If you’re an old hand at the Visa Bulletin, feel free to skip the next paragraph.

The Visa Bulletin is released monthly by the US Department of State (in collaboration with US Citizenship and Immigration Services).  If your priority date (that is, the date you got a place on the waiting list) is earlier than the cutoff date listed in the Bulletin for your nationality and category, that means a visa number is available for you that month.  That, in turn, means you can submit your DS-260 immigrant visa application (if you’re applying at a US embassy abroad) or your I-485 adjustment of status application (if you’re applying with USCIS).  If you already submitted that final step and your category then retrogressed, it means the embassy or USCIS can now approve your application because a visa number is again available.

Now for the September VB – not much to report this month.  As we noted last month, the State Department significantly retrogressed EB-3 All Other Countries in line with its June prediction.  That retrogression sticks with us.  Last month’s happy surprise – the near 1-year leap forward in EB-1 India – also sticks.

There’s no change from August for India; all categories are on hold:

• EB-1 stuck at February 1, 2022
• EB-2 at July 15, 2012
• EB-3 Professionals and EB-3 Other Workers at October 22, 2012

Likewise, no change for China; all categories remain stalled:

• EB-1 at November 1, 2022
• EB-2 at March 1, 2020
• EB-3 Professionals and EB-3 Other Workers at September 1, 2020, and January 1, 2017, respectively

For All Other Countries, the only movement is backward:

• EB-1 remains current
• EB-2 stays stalled at March 15, 2023
• EB-3 Professionals retrogresses 1 year, to December 1, 2020
• EB-3 Other Workers retrogresses 1 month, to January 1, 2020 (except EB-3 Other Workers Philippines, still frozen at May 1, 2020)

NOTE 1:  USCIS will accept I-485 applications in September based on Final Action Dates, not the more favorable Dates for Filing chart.  Note that the Dates for Filing chart applies only to I-485 applications with USCIS.  Immigrant visa applications with US embassies are always based on the Final Action Dates chart.