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October 9, 2025 | ThailandThailand: Mandatory Online Work Permit and Foreign Worker Registration System Forthcoming
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United States: September 2025 Visa Bulletin – No Changes to Employment-Based (EB) Cut-off Dates; USCIS to Honor Final Action Dates for EB Categories; State Department Warns EB Categories Close to Annual Limits

August 12, 2025

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At a glance

  • Employment-based Final Action Dates and Dates for Filing will remain unchanged in September.
  • 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 September Visa Bulletin.
  • The State Department anticipates reaching the annual numerical limits in most employment-based preference categories during August and September, with availability resuming when the new fiscal year starts in October.

A closer look 

According to the State Department’s September 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.  All other countries will remain at September 1, 2023.
  • EB-3 Professionals and Skilled Workers: China will remain at December 1, 2020, India will remain at May 22, 2013, and the Philippines will remain at February 8, 2023. All other countries remain at April 1, 2023.
  • EB-5: For the EB-5 Unreserved categories, China will remain at December 8, 2015, and India will remain at 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 September

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 September. To be eligible to file an employment-based adjustment application in September, foreign nationals must have a priority date that is earlier than the date listed further below for their preference category and country.

Immigrant visa availability for the remainder of FY 2025

The State Department notes that there has been a steady increase in employment-based immigrant visa numbers usage by both USCIS and the State Department during the fiscal year (which ends September 30, 2025). As a result, the State Department expects to reach FY 2025 annual numerical limits in most employment-based preference categories during August and September. If the annual limit is reached in a particular employment-based category, the agency notes that the category would become “unavailable” and no further requests for immigrant visa numbers would be honored.

In last month’s Visa Bulletin, the State Department warned of possible upcoming unavailability in EB-2, EB-3, and EB-5 categories in the remaining months of the current fiscal year.

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

Immigrant visa numerical limitations

The State Department has determined the immigrant visa numerical limitations for the current fiscal year. The agency reports that the FY 2025 worldwide employment-based preference limit is 150,037. Recent previous years’ worldwide employment-based limits were 160,791 (FY 2024), 197,071 (FY 2023), 281,507 (FY 2022), 262,288 (FY 2021), and 156,253 (FY 2020).

Final Action Dates for September 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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