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

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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.

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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.