• 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

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Video

2026 Regional Immigration Overviews | #MobilityMinute

Partner Catherine Macris highlights key findings from Fragomen’s 2026 regional immigration overviews, including tighter compliance controls, digital border transformation and emerging pathways for global talent.

Learn more

Media mentions

Gazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka

Partner Karolina Schiffter discusses how the EU's extension of temporary protection for Ukrainian citizens through 2028 will affect employers in Poland.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Video

2026 Regional Immigration Overviews | #MobilityMinute

Partner Catherine Macris highlights key findings from Fragomen’s 2026 regional immigration overviews, including tighter compliance controls, digital border transformation and emerging pathways for global talent.

Learn more

Media mentions

Gazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka

Partner Karolina Schiffter discusses how the EU's extension of temporary protection for Ukrainian citizens through 2028 will affect employers in Poland.

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 InsightsVietnamese ImmigrationView 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
  • Vietnamese Immigration
  • 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
July 30, 2026 | CanadaCanada: Reciprocal Employment Category Eligibility Narrowed by New Existing Employment Abroad Requirement
July 31, 2026 | MozambiqueMozambique: Pre-Travel Authorization for Visa-Exempt Travelers Temporarily Suspended
July 31, 2026 | PolandPartner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027
July 31, 2026 | United StatesUnited States: State Department Makes Permanent B-1/B-2 Visa Bond Program for Certain Countries and Increases Bond Amounts
July 31, 2026 | United StatesUnited States: TPS Employment Authorization for Ethiopia and South Sudan Extended Through August 6
July 30, 2026 | CanadaCanada: Reciprocal Employment Category Eligibility Narrowed by New Existing Employment Abroad Requirement
July 31, 2026 | MozambiqueMozambique: Pre-Travel Authorization for Visa-Exempt Travelers Temporarily Suspended
July 31, 2026 | PolandPartner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027
July 31, 2026 | United StatesUnited States: State Department Makes Permanent B-1/B-2 Visa Bond Program for Certain Countries and Increases Bond Amounts
July 31, 2026 | United StatesUnited States: TPS Employment Authorization for Ethiopia and South Sudan Extended Through August 6
July 30, 2026 | CanadaCanada: Reciprocal Employment Category Eligibility Narrowed by New Existing Employment Abroad Requirement
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.