• 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

Blog post

A1-Bescheinigung oder Certificate of Coverage (CoC): Welches Dokument wird wann benötigt?

In this blog, Senior Manager Katharina Vorländer explains when A1 certificates and Certificates of Coverage (CoCs) may be required, the key differences between the two documents and what employers should consider before managing international assignments.

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

Times of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks

Partner K. Edward Raleigh discusses evolving H-1B policies and the importance of long-term immigration planning for Indian professionals and US employers.

Learn more
Generic Insights

Blog post

Die Niederlassungserlaubnis nach § 9 Abs. 3a AufenthG: Ein richtiger Schritt zur schnelleren und dauerhaften Integration von Ehegatten von Fachkräften

In unserem aktuellen Blog erläutert Ruben Fiedler, wer von der Regelung profitieren kann, welche Voraussetzungen gelten und was sie für Fachkräfte und ihre Familien in Deutschland bedeutet.

Learn more

Media mentions

EB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain

Partner Gustavo Kanashiro discusses the factors driving Brazilian families’ growing interest in the EB-5 program, including wealth planning and long-term mobility.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Podcast

Immigration in South Africa

Partner Lunga Mani and Director Johannes Kgotso Tiba discuss South Africa’s evolving immigration landscape and key considerations for employers, foreign nationals and global mobility teams.

Learn more

Blog post

Recouping Immigration Costs: Are Supportive Employers at Risk of Non-Compliance?

In this blog, Director Shanaz Haque explores what sponsors should consider when recouping immigration costs — including prohibited costs, salary implications and repayment arrangements.

Learn more

Media mentions

Human Resources Director: Migrant Worker Exploitation: Why It Persists and How HR Can Act

Senior Counsel Dr. Anna Boucher discusses factors that can affect migrant workers and how HR teams can support ongoing immigration and employment compliance.

Learn more

Blog post

Europe’s New Mobility Equation: More Talent, More Oversight, More Complexity

Partner Raj Naik explores how geopolitical change, increasingly data-driven compliance and evolving talent strategies are reshaping workforce mobility across Europe.

Learn more

Awards

Partner F. Joseph Paldino and Counsel Clark Cannon Named to Utah Business’ 2026 Legal Elite

Partner F. Joseph Paldino and Counsel Clark Cannon are named to Utah Business’s 2026 Legal Elite for their contributions to immigration law.

Learn more

Blog post

A1-Bescheinigung oder Certificate of Coverage (CoC): Welches Dokument wird wann benötigt?

In this blog, Senior Manager Katharina Vorländer explains when A1 certificates and Certificates of Coverage (CoCs) may be required, the key differences between the two documents and what employers should consider before managing international assignments.

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

Times of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks

Partner K. Edward Raleigh discusses evolving H-1B policies and the importance of long-term immigration planning for Indian professionals and US employers.

Learn more
Generic Insights

Blog post

Die Niederlassungserlaubnis nach § 9 Abs. 3a AufenthG: Ein richtiger Schritt zur schnelleren und dauerhaften Integration von Ehegatten von Fachkräften

In unserem aktuellen Blog erläutert Ruben Fiedler, wer von der Regelung profitieren kann, welche Voraussetzungen gelten und was sie für Fachkräfte und ihre Familien in Deutschland bedeutet.

Learn more

Media mentions

EB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain

Partner Gustavo Kanashiro discusses the factors driving Brazilian families’ growing interest in the EB-5 program, including wealth planning and long-term mobility.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Podcast

Immigration in South Africa

Partner Lunga Mani and Director Johannes Kgotso Tiba discuss South Africa’s evolving immigration landscape and key considerations for employers, foreign nationals and global mobility teams.

Learn more

Blog post

Recouping Immigration Costs: Are Supportive Employers at Risk of Non-Compliance?

In this blog, Director Shanaz Haque explores what sponsors should consider when recouping immigration costs — including prohibited costs, salary implications and repayment arrangements.

Learn more

Media mentions

Human Resources Director: Migrant Worker Exploitation: Why It Persists and How HR Can Act

Senior Counsel Dr. Anna Boucher discusses factors that can affect migrant workers and how HR teams can support ongoing immigration and employment compliance.

Learn more

Blog post

Europe’s New Mobility Equation: More Talent, More Oversight, More Complexity

Partner Raj Naik explores how geopolitical change, increasingly data-driven compliance and evolving talent strategies are reshaping workforce mobility across Europe.

Learn more

Awards

Partner F. Joseph Paldino and Counsel Clark Cannon Named to Utah Business’ 2026 Legal Elite

Partner F. Joseph Paldino and Counsel Clark Cannon are named to Utah Business’s 2026 Legal Elite for their contributions to immigration law.

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
August 21, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
August 21, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 21, 2026 | ChinaMainland China: Policies Relaxed for Transiting Travelers
August 21, 2026 | United StatesUnited States: DHS to Propose New H-1B and OPT Fees
August 21, 2026 | VietnamVietnam: eID Requirement Updates
August 21, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
August 21, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 21, 2026 | ChinaMainland China: Policies Relaxed for Transiting Travelers
August 21, 2026 | United StatesUnited States: DHS to Propose New H-1B and OPT Fees
August 21, 2026 | VietnamVietnam: eID Requirement Updates
August 21, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
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.