Important Updates
Important Updates
October 8, 2025 | United StatesSports Lawyer Association: Sport Shorts Episode 115 With Partner Dan Schwarz
October 8, 2025 | BrazilBrazil: Visitor Status Expanded to Include Certain Technical Activities
October 8, 2025 | United KingdomManaging Partner of the United Kingdom Nadine Goldfoot Recognised as Legal 500's "Leading Partners"
October 8, 2025 | PolandPoland: New Requirements Forthcoming for Identification Number Applicants and for Health Benefits for Children of Foreign Nationals
October 8, 2025 | South AfricaSouth Africa: Nationals of Lesotho and Zimbabwean Now Eligible for Automatically Extended Exemption Permits
October 8, 2025 | United StatesSports Lawyer Association: Sport Shorts Episode 115 With Partner Dan Schwarz
October 8, 2025 | BrazilBrazil: Visitor Status Expanded to Include Certain Technical Activities
October 8, 2025 | United KingdomManaging Partner of the United Kingdom Nadine Goldfoot Recognised as Legal 500's "Leading Partners"
October 8, 2025 | PolandPoland: New Requirements Forthcoming for Identification Number Applicants and for Health Benefits for Children of Foreign Nationals
October 8, 2025 | South AfricaSouth Africa: Nationals of Lesotho and Zimbabwean Now Eligible for Automatically Extended Exemption Permits
October 8, 2025 | United StatesSports Lawyer Association: Sport Shorts Episode 115 With Partner Dan Schwarz
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United States: August 2025 Visa Bulletin – EB-2 Worldwide Retrogresses While EB-3 India and EB-5 China and India Advance; State Department Warns EB-2 Worldwide and EB-3 Categories Close to Annual Limits; USCIS to Honor Final Action Dates for EB Categories

July 14, 2025

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At a glance

  • In August, EB-2 Final Action Dates will retrogress by six weeks for all countries except India and China.
  • The Unreserved EB-5 category Final Action Date for China will advance by almost two years, while India will advance by more than six months.
  • The EB-3 India Final Action Date will advance by one month, while all other EB-3 countries will remain the same in August.
  • The Department of State has provided warnings of possible upcoming unavailability in EB-2, EB-3, and EB-5 categories, lasting through September 30, 2025, the end of the fiscal year.
  • Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the August Visa Bulletin.

A closer look

According to the State Department’s August Visa Bulletin, Final Action cutoff dates for issuance of an immigrant visa or approval of an adjustment of status application will be as follows: 

  • EB-1: China will remain at November 15, 2022, and India will remain at February 15, 2022. All other countries will continue to be current.
  • EB-2: China will remain at December 15, 2020 and India will remain at January 1, 2013. The remaining countries will retrogress by six weeks to September 1, 2023.
  • EB-3 Professionals and Skilled Workers: India will advance by one month to May 22, 2013. All other countries remain the same in August.
  • EB-5: For the EB-5 Unreserved categories, China will advance nearly two years to December 8, 2015, and India will advance more than six months to November 15, 2019. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.

USCIS to honor Final Action Dates for EB categories in August

USCIS has announced on its own Visa Bulletin web page that the agency will accept employment-based adjustment of status applications based on the Visa Bulletin Final Action Dates chart in August. To be eligible to file an employment-based adjustment application in August, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

Immigrant visa availability for the remainder of FY 2025

The August Visa Bulletin provides updates on immigrant visa use as well as predictions on the availability of certain immigrant visa categories through the end of the fiscal year (September 30, 2025).

The Bulletin confirms that the State Department was required to retrogress the worldwide EB-2 category due to high demand and number use. The agency also says that it is likely the annual limit will be met sometime in August, if not sooner.  Once the agency reaches the annual limit, it would immediately make the preference category “unavailable” and no additional adjustment of status or immigrant visa applications could be approved in the category through September 30. 

The State Department also confirms that visa demand and visa usage remains high in the EB-3 categories. The agency anticipates it will be necessary to either retrogress the EB-3 final action dates or make these categories “unavailable” in September, if not earlier, based on usage.

The State Department also provided some additional context for the EB-5 China and India advancements in the August Visa Bulletin as well as caution regarding their annual limit in the coming months. Earlier this year, in the April 2025 Visa Bulletin, the agency retrogressed the EB-5 Unreserved final action dates for both China and India due to high demand. Immigrant visa usage over the next several months did not meet the expected projections, so the agency advanced the countries for August. However, the State Department warns that in the event the EB-5 Unreserved annual limit is reached, the agencies would make these categories “unavailable” through the end of the fiscal year.

Immigrant visa limits are re-set with the start of the new fiscal year on October 1, 2025.

Final Action Dates for August 2025

EB-1 
China: November 15, 2022
India: February 15, 2022
All other countries: Current             

EB-2  
China: December 15, 2020
India: January 1, 2013
All other countries: September 1, 2023

EB-3 Professionals and Skilled Workers  
China: December 1, 2020
India: May 22, 2013
Philippines: February 8, 2023
All other countries: April 1, 2023

EB-3 Other Workers  
China: May 1, 2017
India: May 22, 2013
All other countries: July 8, 2021

EB-4
All countries: Unavailable
*The annual EB-4 limit for FY 2025 has been reached. The limit will re-set on October 1, 2025.

EB-5 Unreserved (Regional Center and Non-Regional Center)
China: December 8, 2015
India: November 15, 2019
All other countries: Current

EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries

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

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