The Department of State released the August 2024 Visa Bulletin. USCIS will continue to accept employment-based Adjustment of Status applications based on the Final Action Dates chart. Most Employment-Based Categories hold steady under Final Action Dates for August with moderate advancement for India EB-2, EB-3 and Other Workers:

• EB-1 China Final Action Date will remain at November 1, 2022.
• EB-1 India Final Action Date will remain at February 1, 2022.
• EB-2 Final Action Date for all countries aside from India and China will remain at March 15, 2023. India will advance by one month to July 15, 2012 and China will remain at March 1, 2020.
• EB-3 Final Action Dates for all countries aside from India and China will hold steady at December 1, 2021. India will advance by one month to October 22, 2012 and China will hold steady at September 1, 2020.
• Other Workers India will advance by one month to October 22, 2012.
• S. Dept. of State expects further retrogression or possible unavailability for the EB-3 Worldwide category in September.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR Final Action DATES

USCIS confirmed that it will honor the Final Action Dates chart for purposes of eligibility to file an Adjustment of Status application. The Final Action Dates  are as follows:

EB-1, First Preference Category

• EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) remains current.
• EB-1 China and India will hold steady with a Final Action Date cutoff of November 1, 2022 and February 1, 2022, respectively.   

EB-2, Second Preference Category

• EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will remain at March 15, 2023.
• China: Final Action Date will maintain a cutoff date of March 1, 2020.
• India:  Final Action Date will advance by one month to July 15, 2012.

EB-3, Third Preference Category (Professional and Skilled Workers)

• EB-3 Worldwide (including El Salvador, Guatemala and Honduras, Mexico and Philippines) will hold steady at December 1, 2021.
• China: Final Action Date will remain at September 1, 2020.
• India: Final Action Date will advance by approximately one month to October 22, 2012.

Other Workers

• Advancement for Other Workers India. All other categories will hold steady from last month:
  • Other Workers Worldwide (including El Salvador, Guatemala and Honduras and Mexico) will remain at January 1, 2021.
  • India will advance by one month to October 22, 2012.
  • Philippines will hold steady at May 1, 2020.
  • China will hold steady at January 1, 2017.

EB-5: Fifth Preference Category (Immigrant Investors)

• For the EB-5 Unreserved categories (C5, T5, I5, and R5), India and China maintain a cut-off date of December 1, 2020 and December 15, 2015, respectively. All other countries will remain current.
• The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

Individuals with a priority date that is before the published cut-off date may file an Adjustment of Status application based on the dates outlined above.

WHAT SHOULD EMPLOYERS EXPECT?  

While the July Visa Bulletin predicated further retrogression in the EB-3 Worldwide  category, this was not implemented in the August Visa Bulletin. However, the Dept. of State indicates that the EB-3 Worldwide category will likely retrogress further or be made unavailable in September due to high demand and number usage in this category. Accordingly, Employers should plan to submit Adjustment of Status applications for eligible applicants in August, particularly EB-3 Worldwide applicants, as further retrogression and possibility unavailability is expected in September.

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