Business Immigration Insights

The State Department has published the August Visa Bulletin. Priority dates for India freeze next month, while China and the rest of the world remain current or see modest gains in nearly all categories. For the rest of the fiscal year, however, the State Department predicts additional stoppages or slowdowns (see Note 2 below). Finally, in August USCIS will continue to accept I‑485 applications based on Final Action Dates, not the more favorable Dates for Filing chart.

Below is a summary, which is based on Final Action Dates and shows changes from the previous month, but first – some background if you’re new to these blog posts.  If you’re familiar with the Visa Bulletin, feel free to skip the following bullet points:

• The Visa Bulletin is released monthly by the U.S. Department of State in collaboration with U.S. Citizenship and Immigration Services (USCIS), which then releases two charts – “Dates for Filing” and “Final Action Dates” – and designates which chart will apply that month.
• If USCIS designates Dates for Filing and your priority date (that is, the date you were placed on the waiting list) is earlier than the cutoff date for your nationality and category in that chart, you may submit your I‑485 adjustment of status application (if you’re eligible to apply with USCIS from inside the United States). However, USCIS cannot approve the application and issue your green card until your priority date is current in Final Action Dates.
• If you are applying from outside the United States, you cannot file your DS‑260 immigrant visa application until the National Visa Center notifies you to do so, and your home embassy cannot issue you an immigrant visa until your priority date is current in Final Action Dates.

Now for the August Visa Bulletin:

Priority dates for India freeze across the board:

• EB-1 pauses at October 15, 2022
• EB-2 remains unavailable for the rest of the fiscal year
• EB-3 Professionals and EB-3 Other Workers halt at January 1, 2014

 China advances in three categories:

• EB-1 advances 1 month to July 1, 2023
• EB-2 holds at September 1, 2021
• EB-3 Professionals advances 10 days to January 1, 2022
• EB-3 Other Workers advances 1 month to at May 1, 2019

 All Other Countries progresses in two categories:

• EB-1 and EB-2 remain current
• EB-3 Professionals advances 1 month to September 1, 2024 (except the Philippines, which holds at August 1, 2023)
• EB-3 Other Workers advances 1 month at April 1, 2022 (except the Philippines, which holds at December 1, 2021)

NOTE 1:  USCIS will accept I-485 applications in August based on Final Action Dates, not the more favorable Dates for Filing chart.

NOTE 2:  The State Department anticipates that EB-1 India may become unavailable before the end of the fiscal year. Moreover, EB-2 for all geographic regions could retrogress or become unavailable during the same timeframe.