Important Updates
Important Updates
October 22, 2025 | SwedenSweden: New EU Blue Card Rules Forthcoming
October 22, 2025 | ChinaChina: Updated Online Visa Application System for U.S. Applicants Launched
October 22, 2025 | United KingdomFinancial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society
October 22, 2025 | HungaryHungary: Change of Residence Permit Practice Relaxed
October 22, 2025 | 🌐Minimum Salary Changes Announced
October 22, 2025 | SwedenSweden: New EU Blue Card Rules Forthcoming
October 22, 2025 | ChinaChina: Updated Online Visa Application System for U.S. Applicants Launched
October 22, 2025 | United KingdomFinancial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society
October 22, 2025 | HungaryHungary: Change of Residence Permit Practice Relaxed
October 22, 2025 | 🌐Minimum Salary Changes Announced
October 22, 2025 | SwedenSweden: New EU Blue Card Rules Forthcoming
Subscribe
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
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration 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

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • 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
  • Insights

United States: August Visa Bulletin – Significant Retrogression in EB-1 India and EB-3 Worldwide, Except India and China; Some Categories Likely to Advance Again in October; USCIS to Honor Final Action Dates for Employment-Based Categories

July 13, 2023

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

  • In August, the EB-1 India Final Action date will retrogress by more than ten years to January 1, 2012. However, the Department of State says, depending on usage in the category and on the FY 2024 annual limit, it is likely that in October 2023 the cutoff date will return to at least February 1, 2022, which is the Final Action Date in the July Visa Bulletin.
  • The EB-1 Final Action date for all other countries except China will have a cutoff date of August 1, 2023. The EB-1 China Final Action Date will remain at February 1, 2022.
  • The EB-2 China Final Action Date will advance one month, to July 8, 2019. The Final Action Date for EB-2 India will remain at January 1, 2011. The EB-2 Final Action Date for all other countries will advance six weeks, to April 1, 2022.
  • The Final Action Date for EB-3 China Professional/Skilled Worker will advance by two months, to June 1, 2019, while EB-3 India Professional/Skilled Worker will remain at January 1, 2009. For all other countries, the EB-3 Professional/Skilled Worker Final Action Date will retrogress by almost two years, to May 1, 2020.
  • In August, 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 State Department’s August 2023 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 remains unchanged at February 1, 2022. India will retrogress by ten years and one month, to January 1, 2012. All other countries will retrogress to August 1, 2023.
  • EB-2: India will remain at January 1, 2011. China will advance one month, to July 8, 2019. All other countries will advance six weeks, to April 1, 2022.
  • EB-3 Professionals and Skilled Workers: India will remain at January 1, 2009, and China will advance by two months, to June 1, 2019. All other countries will retrogress by one year and nine months, to May 1, 2020.
  • EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will remain at April 1, 2017 and China will remain at September 8, 2015. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.

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

EB-1 retrogression

As predicted in the May 2023 Visa Bulletin, due to increased immigrant visa use, the State Department has retrogressed the EB-1 India Final Action Date. The State Department has set the new cutoff date to the date of the oldest priority date of an Indian EB-1 applicant -- January 1, 2012. In the Visa Bulletin, the State Department notes that many Indian EB-1 applicants have priority dates from 2012 to 2015 due to priority date retention from previously approved Form I-140 petitions. The agency also notes that it is likely that in October 2023, at the start of the new fiscal year, the Final Action Date for EB-1 India will return to at least the date in the July 2023 Visa Bulletin, which is February 1, 2022; however, the October date will depend on demand in the category, as well as the FY 2024 annual limit on employment-based immigrant visas.

In addition, due to steady use and high demand, the August Visa Bulletin also set an EB-1 Final Action cutoff date for countries that were previously listed as “current” in recent months – all countries except for India and China. The Final Action dates for these countries will be August 1, 2023, though the State Department notes that it is likely that these countries will return to “current” at the start of the new fiscal year in October 2023.

EB-3 retrogression

The State Department has also further retrogressed the EB-3 Final Action Dates for all countries except India and China as a result of continued increased demand in the category. The agency will continually monitor immigrant visa use for these countries and make any adjustments; further retrogressions cannot be ruled out.

Final Action Dates for August 2023

EB-1 
China: February 1, 2022
India: January 1, 2012
All other countries: August 1, 2023                                                                                    

EB-2  
China: July 8, 2019
India: January 1, 2011
All other countries: April 1, 2022

EB-3 Professionals and Skilled Workers  
China: June 1, 2019
India: January 1, 2009
All other countries: May 1, 2020

EB-3 Other Workers  
China: September 1, 2015
India: January 1, 2009
All other countries: May 1, 2020

EB-4
All countries: September 1, 2018

EB-5 Unreserved (Regional Center and Non-Regional Center)
China: September 8, 2015
India: April 1, 2017
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. 

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

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Learn more

Fragomen news

Fragomen Contributes to Migration Observatory Report on Gender and Migration in the UK

Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.

Learn more

Blog post

Polish Citizenship Rules Under Review: What the Proposed Amendments Mean

Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.

Learn more

Video

Oman Introduces a Golden Visa Program | #MobilityMinute

Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Learn more

Media mentions

The Stage: Actors, Dancers and Writers Set to Escape Visa Ban

Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.

Learn more

Media mentions

Arts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas

Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Learn more

Blog post

British Citizenship for Adopted and Surrogate Children: What Families Should Know

Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Learn more

Media mentions

Financial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions

Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Learn more

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

Blog post

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Learn more

Fragomen news

Fragomen Contributes to Migration Observatory Report on Gender and Migration in the UK

Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.

Learn more

Blog post

Polish Citizenship Rules Under Review: What the Proposed Amendments Mean

Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.

Learn more

Video

Oman Introduces a Golden Visa Program | #MobilityMinute

Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Learn more

Media mentions

The Stage: Actors, Dancers and Writers Set to Escape Visa Ban

Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.

Learn more

Media mentions

Arts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas

Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Learn more

Blog post

British Citizenship for Adopted and Surrogate Children: What Families Should Know

Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Learn more

Media mentions

Financial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions

Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Learn more

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.