Concerned about EB-1 India and EB-3 Worldwide Retrogression? Fear Not! October Holds Promising Changes!
Key Points:
- The August Visa Bulletin reveals significant retrogression in the EB-1 India and EB-3 worldwide categories for immigrant visas.
- EB-1 India will retrogress by more than ten years, moving back to January 1, 2012, due to increased immigrant visa usage.
- However, the Department of State suggests that the EB-1 India cutoff date may advance to at least February 1, 2022, in the October 2023 bulletin, depending on usage and annual limits.
- EB-1 Final Action dates for all countries, except China, will retrogress to August 1, 2023, after being listed as "current" in recent months.
- EB-3 Final Action Dates, except for India and China, have significantly retrogressed due to high demand in the category, and further adjustments may occur.
- USCIS will accept employment-based adjustment of status applications in August based on the Final Action Dates chart, providing some relief for eligible applicants.
Summary:
The August Visa Bulletin released by the United States Department of State has brought both good news and challenges for foreign workers seeking employment-based immigrant visas. In this blog, we will delve into the key updates and changes in the bulletin, specifically focusing on the retrogression in the EB-1 India and EB-3 worldwide categories. Additionally, we will explore the potential impacts of these changes and provide insights into the visa processing for the upcoming months.
EB-1 India: Retrogression and Prospects:
One of the significant changes in the August Visa Bulletin is the retrogression of the EB-1 India Final Action date. It will retrogress by more than ten years, moving back to January 1, 2012. This decision was driven by increased immigrant visa usage and a rise in the number of Indian EB-1 applicants with priority dates from 2012 to 2015. However, there is hope for relief in the upcoming months, as the Department of State suggests the cutoff date could advance to at least February 1, 2022, in the October 2023 bulletin, depending on category usage and the FY 2024 annual limit.
EB-1 Worldwide, Except China: A Sudden Retrogression:
In a surprising turn of events, the EB-1 Final Action date for all countries except China will retrogress to August 1, 2023. Previously, these countries were listed as "current" in recent months, allowing eligible applicants to move forward with the visa process unhindered. While this change is unexpected, the Department of State anticipates that the Final Action dates for these countries may return to "current" at the start of the new fiscal year in October 2023.
EB-3 Worldwide: Retrogression and Monitoring:
The EB-3 Final Action Dates for all countries, except India and China, have significantly retrogressed due to increased demand in the category. The State Department is closely monitoring immigrant visa usage in these countries and may adjust the Final Action dates as needed. It is essential for applicants from these countries to stay informed about any further changes that may occur.
EB-2 China and India: Advancements and Stability
The EB-2 China Final Action Date will advance one month, reaching July 8, 2019, providing some relief for eligible applicants. Meanwhile, the EB-2 India Final Action Date remains at January 1, 2011, maintaining its previous position. All other countries in the EB-2 category will see advancement, with the Final Action Date moving six weeks to April 1, 2022.
EB-3 China and India: A Tale of Progress and Retrogression:
For EB-3 China Professional/Skilled Workers, the Final Action Date will advance by two months, to June 1, 2019. On the other hand, EB-3 India Professional/Skilled Worker will remain at January 1, 2009. Unfortunately, all other countries in the EB-3 Professional/Skilled Worker category will face retrogression, with the Final Action Date moving back by almost two years to May 1, 2020.
EB-5 Category: Steady and Current:
The EB-5 Unreserved categories (C5, T5, I5, and R5) for India and China will remain unchanged, with India at April 1, 2017, and China at September 8, 2015. All other countries' EB-5 Unreserved categories will remain current, as will the EB-5 Set-Aside categories (Rural, High Unemployment, and Infrastructure).
USCIS Adjustment of Status:
For foreign nationals seeking employment-based adjustment of status, USCIS will accept applications in August based on the Final Action Dates chart provided in the State Department's August 2023 Visa Bulletin. Applicants must ensure that their priority date is earlier than the listed Final Action date for their preference category and country.
Conclusion:
The August Visa Bulletin brings both positive advancements and challenging retrogressions for foreign workers. As the EB-1 India and EB-3 worldwide categories face significant changes, applicants must closely monitor any further updates from the Department of State. The potential for advancements in October offers hope for those affected by retrogression. Applicants should work closely with their immigration attorneys to understand the impact on their cases and prepare for potential changes in the visa processing.