• Insights

September 2019 Visa Bulletin: State Department Retrogresses EB-1 China and EB-3 China and India Immediately; Confirms EB-1 India Already Unavailable

August 15, 2019

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • September Visa Bulletin dates will take effect immediately for EB-1 China and EB-3 China and India. State Department confirms EB-1 India has been unavailable since July.
  • EB-1 Worldwide will advance to October 1, 2017. EB-1 China has retrogressed to January 1, 2014.
  • EB-2 Worldwide will advance to January 1, 2018, while EB-2 China will remain at January 1, 2017 and EB-2 India will advance to May 8, 2009.
  • EB-3 Worldwide will remain at July 1, 2016. EB-3 China and India has retrogressed to January 1, 2014 and July 1, 2005.
  • State Department suggests additional retrogression could occur before the end of the fiscal year, which ends on September 30, but hopes to return all cutoff dates to those listed in the August Visa Bulletin on October 1.

A closer look

Due to a combination of increased demand in some visa categories and larger than expected use of visa numbers in others, the State Department will immediately retrogress EB-1 China and EB-3 China and India, while advancing cutoff dates in September for EB-1 and EB-2 Worldwide. EB-1 India is confirmed to be already unavailable. According to the State Department’s September Visa Bulletin, cutoff dates for issuance of an immigrant visa will be as follows: 

  • EB-1: All countries except for China and India will advance by more than one year, to October 1, 2017. China will immediately retrogress to January 1, 2014. India has been unavailable since July.
  • EB-2: All countries except for India and China will advance by one year to, January 1, 2018. China will remain at January 1, 2017, while India advance by six days, to May 8, 2009. 
  • EB-3 Professional and Skilled Workers: Most countries will maintain their August cutoff date of July 1, 2016. China will immediately retrogress by two and a half years, to January 1, 2014, while India will immediately retrogress by six months, to July 1, 2005.
  • EB-5: Both the Regional and Non-Regional Center categories will advance one week for China and Vietnam, to October 22, 2014. India will advance by almost three years, to September 1, 2017.  All other countries will remain current. 


In the coming days, USCIS is expected to announce on its own Visa Bulletin web page the cutoff dates for acceptance of adjustment of status applications next month. It is not yet known whether USCIS will apply the EB-1 and EB-3 retrogressions immediately, or if it will continue to accept applications that are current on the August Visa Bulletin for the remainder of this month. 

Immigrant visa availability in the coming months

In the September Bulletin, the State Department cites “a dramatic change” in the demand pattern for adjustment of status applications and use of visa numbers at consular offices, which has resulted in immediate retrogression or unavailability in some categories and advancement of cutoff dates in others. The Department suggests it is likely additional retrogression may be required before the end of the Fiscal Year 2019, which ends on September 30. While retrogression is common at the end of each fiscal year, it is more extensive this year given very high demand, particularly for India and China. The Department states that every effort will be made to return final action dates to at least the August Visa Bulletin dates on October 1, 2019, when the new fiscal year begins. 

FINAL ACTION CUT-OFF DATES FOR SEPTEMBER 2019

* An asterisk (*) indicates immediate unavailability

EB-1 
India: Unavailable*
China: January 1, 2014*
All other countries: October 1, 2017

EB-2  
China: January 1, 2017 
India: May 8, 2009 
All other countries: January 1, 2018 

EB-3 Professionals and Skilled Workers  
China: January 1, 2014*
India: July 1, 2005*
All other countries: July 1, 2016

EB-3 Other Workers  
China: November 22, 2007* 
India: July 1, 2005*
All other countries: July 1, 2016 

EB-4 
All other countries: Unavailable*

EB-5 
China: October 22, 2014 
Vietnam: October 22, 2014 
India: September 1, 2017 
All other countries: Current 

FILING ELIGIBILITY CUT-OFF DATES FOR SEPTEMBER 2019

EB-1  
China and India: October 1, 2017 
All other countries: September 1, 2018 

EB-2  
China: June 1, 2017 
India: June 1, 2009 
All other countries: Current  

EB-3 Professionals and Skilled Workers  
China: June 1, 2016 
India: April 1, 2010 
All other countries: Current 

EB-3 Other Workers  
China: June 1, 2008 
India: April 1, 2010 
All other countries: Current  

EB-4 
El Salvador, Guatemala, Honduras: September 1, 2016  
All other countries: Current 

EB-5  
China: November 22, 2014 
All other countries: Current  

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen. 

 

 

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Times Higher Education: UK Student Visa Applications Fall in October

Senior Manager Jonathan Hill discusses factors behind the decline in UK student visa applications, including recruitment restrictions, rising costs and changes to post-study work rights.

Learn more

Fragomen news

Comment on USCIS’s Proposed Rule to Eliminate Deference to Prior ApprovalsLearn more

Fragomen news

Fragomen Appoints Timo Heck as Managing Partner of DACH Region

Fragomen has appointed Timo Heck as Managing Partner of the DACH region, encompassing Germany, Austria and Switzerland.

Learn more

Awards

Fragomen Professionals Recognized in the 2027 Edition of The Best Lawyers in Mexico™

Eight professionals in Fragomen’s Mexico City office have been recognized in the 2027 edition of The Best Lawyers in Mexico™ for Immigration Law.

Learn more

Blog post

How Employers Can Support Integration and Retain International Talent in Germany

Senior Manager Katharina Vorländer explores how employers in Germany can look beyond the initial immigration process to support integration, long-term stability and the retention of international talent.

Learn more

Media mentions

Scottish Legal News: Scotland’s Investment Ambitions Depend on Workforce Readiness

Director Kelly Hardman explores why workforce planning is essential to Scotland’s investment ambitions and long-term economic growth.

Learn more

Fragomen news

Comment on DHS Proposal to Eliminate the 60-day Grace PeriodLearn more

Fragomen news

Comment on DHS proposal to impose up to $100,000 in Optional Practical Training FeesLearn more

Media mentions

Human Resources Director: Fixed-Term Contract Limits Squeeze Visa Sponsorship, Research Warns

Co-authors Partner Charles Johanes, Senior Counsel Anna Boucher and Allens Partner Tarsha Gavin explore the intersection of Australia’s migration and employment laws and the implications for employers sponsoring temporary visa holders.

Learn more

Media mentions

Prawo: Pracodawca na pierwszej linii: jak reforma zatrudniania cudzoziemców przesuwa odpowiedzialność na firmy

Partner Karolina Schiffter examines how Poland’s proposed foreign employment reforms could increase employers’ administrative and compliance responsibilities.

Learn more

Blog post

Trusted Digital Identity Is Critical Infrastructure for Global Mobility

In the first blog in a new series, Managing Director, Digital Identity Amit Sharma explores why trusted digital identity is becoming increasingly important to global mobility, how reusable digital credentials could work and why interoperability across systems and jurisdictions will be critical.

Learn more

Blog post

UK Global Talent Visa vs Innovator Founder Visa: A Guide for Tech Professionals, Researchers and Founders

Senior Associate Amelia Haynes compares the UK’s Global Talent and Innovator Founder visa routes, examining who each route may suit, the evidence required, professional flexibility and potential pathways to settlement.

Learn more

Media mentions

Times Higher Education: UK Student Visa Applications Fall in October

Senior Manager Jonathan Hill discusses factors behind the decline in UK student visa applications, including recruitment restrictions, rising costs and changes to post-study work rights.

Learn more

Fragomen news

Comment on USCIS’s Proposed Rule to Eliminate Deference to Prior ApprovalsLearn more

Fragomen news

Fragomen Appoints Timo Heck as Managing Partner of DACH Region

Fragomen has appointed Timo Heck as Managing Partner of the DACH region, encompassing Germany, Austria and Switzerland.

Learn more

Awards

Fragomen Professionals Recognized in the 2027 Edition of The Best Lawyers in Mexico™

Eight professionals in Fragomen’s Mexico City office have been recognized in the 2027 edition of The Best Lawyers in Mexico™ for Immigration Law.

Learn more

Blog post

How Employers Can Support Integration and Retain International Talent in Germany

Senior Manager Katharina Vorländer explores how employers in Germany can look beyond the initial immigration process to support integration, long-term stability and the retention of international talent.

Learn more

Media mentions

Scottish Legal News: Scotland’s Investment Ambitions Depend on Workforce Readiness

Director Kelly Hardman explores why workforce planning is essential to Scotland’s investment ambitions and long-term economic growth.

Learn more

Fragomen news

Comment on DHS Proposal to Eliminate the 60-day Grace PeriodLearn more

Fragomen news

Comment on DHS proposal to impose up to $100,000 in Optional Practical Training FeesLearn more

Media mentions

Human Resources Director: Fixed-Term Contract Limits Squeeze Visa Sponsorship, Research Warns

Co-authors Partner Charles Johanes, Senior Counsel Anna Boucher and Allens Partner Tarsha Gavin explore the intersection of Australia’s migration and employment laws and the implications for employers sponsoring temporary visa holders.

Learn more

Media mentions

Prawo: Pracodawca na pierwszej linii: jak reforma zatrudniania cudzoziemców przesuwa odpowiedzialność na firmy

Partner Karolina Schiffter examines how Poland’s proposed foreign employment reforms could increase employers’ administrative and compliance responsibilities.

Learn more

Blog post

Trusted Digital Identity Is Critical Infrastructure for Global Mobility

In the first blog in a new series, Managing Director, Digital Identity Amit Sharma explores why trusted digital identity is becoming increasingly important to global mobility, how reusable digital credentials could work and why interoperability across systems and jurisdictions will be critical.

Learn more

Blog post

UK Global Talent Visa vs Innovator Founder Visa: A Guide for Tech Professionals, Researchers and Founders

Senior Associate Amelia Haynes compares the UK’s Global Talent and Innovator Founder visa routes, examining who each route may suit, the evidence required, professional flexibility and potential pathways to settlement.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
November 12, 2026 | MexicoFragomen Professionals Recognized in the 2027 Edition of The Best Lawyers in Mexico™
November 13, 2026 | CanadaCanada: 2027–2029 Immigration Levels Plan Maintains Overall Targets and Adds Permanent Residence Spaces
November 13, 2026 | United KingdomTimes Higher Education: UK Student Visa Applications Fall in October
November 12, 2026 | United StatesComment on USCIS’s Proposed Rule to Eliminate Deference to Prior Approvals
November 12, 2026 | Austria, Germany, SwitzerlandFragomen Appoints Timo Heck as Managing Partner of DACH Region
November 12, 2026 | MexicoFragomen Professionals Recognized in the 2027 Edition of The Best Lawyers in Mexico™
November 13, 2026 | CanadaCanada: 2027–2029 Immigration Levels Plan Maintains Overall Targets and Adds Permanent Residence Spaces
November 13, 2026 | United KingdomTimes Higher Education: UK Student Visa Applications Fall in October
November 12, 2026 | United StatesComment on USCIS’s Proposed Rule to Eliminate Deference to Prior Approvals
November 12, 2026 | Austria, Germany, SwitzerlandFragomen Appoints Timo Heck as Managing Partner of DACH Region
November 12, 2026 | MexicoFragomen Professionals Recognized in the 2027 Edition of The Best Lawyers in Mexico™
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.