The Department of State released the July 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 will advance under Final Action Dates for July, while EB-3 Worldwide will retrogress by almost one year, with further retrogression projected in coming months:

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

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 advance 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 advance by two months to March 15, 2023.
• China: Final Action Date will advance by one month to March 1, 2020.
• India:  Final Action Date will advance by two months to June 15, 2012.

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

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

Other Workers

• Advancement for Other Workers Worldwide. All other categories hold steady or advance moderately from last month:
  • Other Workers Worldwide (including El Salvador, Guatemala and Honduras and Mexico) will advance by approximately one year to December 1, 2021.
  • India will advance by one month to September 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?  

As specified in the Final Action Dates chart of the July Visa Bulletin, most Employment-Based Categories will advance or hold steady for the month of July though significant retrogression is noted for EB-3 Worldwide. Given continued high demand and number use in the EB-3 Worldwide category, the U.S. Dept. of States anticipates further retrogression or unavailability for this category in August.

Accordingly, Employers are advised to submit Adjustment of Status applications for eligible applicants in July, especially for those in the EB-3 Worldwide category, as further retrogression is expected in August.

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