Important Updates
Important Updates
September 30, 2025 | PolandPoland: Mandatory Online Processes Implemented for Work Permits and Contract Submission
October 1, 2025 | United StatesUnited States: Federal Government Enters a Shutdown, Though Most Immigration Functions Remain in Operation
October 1, 2025 | United StatesUnited States: Senators Grassley and Durbin Introduce H-1B and L-1 Visa Reform Act
September 30, 2025 | New ZealandNew Zealand: Major Changes Announced for Skilled Migrant Category Resident Visa
September 30, 2025 | United StatesPartner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"
September 30, 2025 | PolandPoland: Mandatory Online Processes Implemented for Work Permits and Contract Submission
October 1, 2025 | United StatesUnited States: Federal Government Enters a Shutdown, Though Most Immigration Functions Remain in Operation
October 1, 2025 | United StatesUnited States: Senators Grassley and Durbin Introduce H-1B and L-1 Visa Reform Act
September 30, 2025 | New ZealandNew Zealand: Major Changes Announced for Skilled Migrant Category Resident Visa
September 30, 2025 | United StatesPartner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"
September 30, 2025 | PolandPoland: Mandatory Online Processes Implemented for Work Permits and Contract Submission
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 AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration 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
  • Travel & Mobility Considerations: Situation in the Middle East
  • 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

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Awards

Partner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"

Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Learn more

Media mentions

Post Bulletin: Trump’s New $100K Fee on Certain Work Visas Could Impact Rochester’s Medical Staff

Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Learn more

Media mentions

The Caterer: Businesses Need to Be Ready for Government Crackdown on Sponsor Licences

Partner Louise Senior highlights the impact of record-breaking UK sponsor licence revocations and the steps hospitality businesses can take to manage compliance.

Learn more

Media mentions

Folha de São Paulo: Taxa de US$ 100 mil para visto dos EUA muda planosde brasileiros; veja opções

Partner Bo Cooper explores the impact of H-1B visa changes on companies and their talent strategies.

Learn more

Media mentions

Global Mobility Lawyer: Lawyers Try to Make Sense of Trump’s Confusing H-1B Fee Hike

Partner Bo Cooper explains that while new H-1B fees affect future petitions, US opportunities for international talent remain highly valued.

Learn more

Media mentions

Kommunal topinform: Staatsdienst am Limit

Fragomen explores in an article how international recruitment can help solve Germany’s public sector staffing crisis and support the future of essential services.

Learn more

Blog post

UAE Golden Visa: Work Permit Requirements for Employers and Professionals

Assistant Manager Charo Medida explains the work permit requirements for employers and professionals under the UAE Golden Visa programme.

Learn more

Media mentions

Business Insider: Trump's $100,000 Visa Fee Threatens Wall Street's Pipeline of Junior Bankers and Tech Talent

Partner Bo Cooper explains how proposed H-1B fee and lottery changes impact hiring of skilled international talent across sectors.

Learn more

Media mentions

Asharq Al Awsat: السعودية تمضي مع «رؤية 2030» بدعم التصنيع والتوطين وتوسع الاقتصاد

Partner Haider Hussain underlines the role of talent mobility in shaping future growth sectors in the Kingdom.

Learn more

Fragomen news

Fragomen Spotlighted in Financial Times for 2025 Innovative Lawyers Europe Awards

Fragomen is recognised by the Financial Times for its innovative work in workforce mobility and cross-sector collaboration.

Learn more

Media mentions

Investopedia: ICE Crackdowns Are Changing Workplaces: 37% of Americans Report Feeling Less Safe at Work

Partner Daniel Brown outlines steps companies can take to support employees and maintain smooth operations during compliance-related situations.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Awards

Partner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"

Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Learn more

Media mentions

Post Bulletin: Trump’s New $100K Fee on Certain Work Visas Could Impact Rochester’s Medical Staff

Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Learn more

Media mentions

The Caterer: Businesses Need to Be Ready for Government Crackdown on Sponsor Licences

Partner Louise Senior highlights the impact of record-breaking UK sponsor licence revocations and the steps hospitality businesses can take to manage compliance.

Learn more

Media mentions

Folha de São Paulo: Taxa de US$ 100 mil para visto dos EUA muda planosde brasileiros; veja opções

Partner Bo Cooper explores the impact of H-1B visa changes on companies and their talent strategies.

Learn more

Media mentions

Global Mobility Lawyer: Lawyers Try to Make Sense of Trump’s Confusing H-1B Fee Hike

Partner Bo Cooper explains that while new H-1B fees affect future petitions, US opportunities for international talent remain highly valued.

Learn more

Media mentions

Kommunal topinform: Staatsdienst am Limit

Fragomen explores in an article how international recruitment can help solve Germany’s public sector staffing crisis and support the future of essential services.

Learn more

Blog post

UAE Golden Visa: Work Permit Requirements for Employers and Professionals

Assistant Manager Charo Medida explains the work permit requirements for employers and professionals under the UAE Golden Visa programme.

Learn more

Media mentions

Business Insider: Trump's $100,000 Visa Fee Threatens Wall Street's Pipeline of Junior Bankers and Tech Talent

Partner Bo Cooper explains how proposed H-1B fee and lottery changes impact hiring of skilled international talent across sectors.

Learn more

Media mentions

Asharq Al Awsat: السعودية تمضي مع «رؤية 2030» بدعم التصنيع والتوطين وتوسع الاقتصاد

Partner Haider Hussain underlines the role of talent mobility in shaping future growth sectors in the Kingdom.

Learn more

Fragomen news

Fragomen Spotlighted in Financial Times for 2025 Innovative Lawyers Europe Awards

Fragomen is recognised by the Financial Times for its innovative work in workforce mobility and cross-sector collaboration.

Learn more

Media mentions

Investopedia: ICE Crackdowns Are Changing Workplaces: 37% of Americans Report Feeling Less Safe at Work

Partner Daniel Brown outlines steps companies can take to support employees and maintain smooth operations during compliance-related situations.

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.