June 2014 Visa Bulletin: Significant and Unexpected Retrogression for EB-3 China
May 7, 2014
According to the State Department’s June Visa Bulletin, the EB-3 category will retrogress significantly for China next month. The cut-off date for China EB-3 professionals and skilled workers will retrogress by six years, to October 1, 2006, while the EB-3 other worker category will retrogress nine years, to January 1, 2003.
For most other countries, EB-3 will retrogress by 18 months, to April 1, 2011, but will advance by two weeks for India, to October 15, 2003, and by two months for the Philippines, to January 1, 2008.
The EB-2 category will advance by five weeks for China, to May 22, 2009, but will remain unchanged for India, at November 15, 2004.
What the China EB-3 Retrogression Means for Employers and Foreign Nationals
For the last several months, the State Department has advanced the EB-3 China priority date cut-off so that it has been far ahead of the cut-off date for EB-2 China. Many foreign nationals in the China EB-2 subcategory have sought new I-140 immigrant worker petitions in order to be reclassified to EB-3 and benefit from greater immigrant visa availability. The result has been a significant surge in demand for EB-3 China immigrant visa numbers, bringing the category close to exhausting its annual quota. Agency officials do not expect EB-3 China to move forward again until the next fiscal year, which begins on October 1.
The severity of next month’s retrogression is unexpected. Though the State Department suggested that retrogression was possible, agency officials had until now indicated that the China EB-3 cut-off date was likely to remain ahead of EB-2 for the foreseeable future. That prediction has not been borne out.
Employers and foreign nationals affected by next month’s EB-3 China retrogression should contact their designated Fragomen professional to discuss options, including the possibility of reverting to a previously filed EB-2 petition.
June 2014 Priority Date Cut-Offs
In June 2014, EB immigrant visa priority date cut-offs will be:
EB-1
Current for all countries.
EB-2
China: May 22, 2009
India: November 15, 2004
All other countries: Current
EB-3 Professionals and Skilled Workers
China: October 1, 2006
India: October 15, 2003
Philippines: January 1, 2008
All other countries: April 1, 2011
EB-3 Other Workers
China: January 1, 2003
India: October 15, 2003
Philippines: January 1, 2008
All other countries: April 1, 2011
EB-5
Current for all countries and subcategories.
Explore more at Fragomen
Podcast
In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.
Blog post
In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.
Blog post
In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.
Video
In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel.
Fragomen news
Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.
Blog post
In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.
Media mentions
In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.
Media mentions
In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.
Media mentions
In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.
Podcast
In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.
Video
In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.
Media mentions
In this profile published in Michigan Law’s Law Quadrangle, Counsel Christopher Wendt discusses the role of immigration in supporting the US healthcare workforce and expanding access to civil legal aid in Minnesota.
Podcast
In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.
Blog post
In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.
Blog post
In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.
Video
In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel.
Fragomen news
Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.
Blog post
In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.
Media mentions
In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.
Media mentions
In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.
Media mentions
In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.
Podcast
In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.
Video
In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.
Media mentions
In this profile published in Michigan Law’s Law Quadrangle, Counsel Christopher Wendt discusses the role of immigration in supporting the US healthcare workforce and expanding access to civil legal aid in Minnesota.
