In the September 2019 Visa Bulletin (VB), the EB-1, EB-2 and EB-3 categories are retrogressed for all countries. For China and India, additional retrogression has occurred in the EB-1 and EB-3 categories, and these retrogressed September dates will be imposed immediately. However, for October, the first month of fiscal year 2020, final action dates may return to the final action dates seen in the August 2019 VB.
This month’s VB highlights are as follows:
EB-1: Although the final action dates for most countries have advanced, all countries remain retrogressed, and this category became “unavailable” for India. Like India, China has further retrogressed but it retains a final action date. Dates for all countries are anticipated to advance in the October 2019 VB.
EB-2: All countries remain retrogressed. All countries have advanced slight to a final action date of January 1, 2018. The exceptions are India (with a final action date of May 2, 2009), and China (which retained the August 2019 VB date of January 1, 2017). In the new fiscal year, all countries are anticipated to return to being current with the exception of India and China which should continue to have final action dates.
EB-3: All countries remain retrogressed. All countries have a final action date of July 1, 2016. The exceptions are India and China which further retrogressed with the September 2019 VB going into effect immediately (i.e. imposed as of the end of August 2019). Like the EB-2 category, other than India and China, all countries are expected to return to being current in the October 2019 VB.
EB-5: The India final action date advanced three years to 2017, whereas China, and Vietnam experienced little to no movement. all have a final action date of October 15, 2014. This means a nominal advance for China and a retrogression for India and Vietnam. In the new fiscal year (i.e. October 2019) the regional center final action dates for all countries may become unavailable, as the Consolidated Appropriations Act, 2019 (H.J.Res.31) only authorized the regional center program through to September 30, 2019. The non-regional center category should remain current for all countries, although India, China and Vietnam should still have final action dates.
General Notes on Final Action Dates: The final action or cutoff date is effectively one’s place in line to immigrate based on the individual’s priority date. Individuals with priority dates earlier than the listed cut-off date on the VB are eligible to submit applications for adjustment of status (or consular visa applications) or if their applications are already pending may have their cases adjudicated. If one’s priority date is not “current”, neither agency may accept the case for processing nor adjudicate a pending case because the “visa is not available” if the final action dates is not “current.” The priority date is established a number of ways:
- PERM: The date on which the application is filed with the Department of Labor, provided that the PERM is approved and an I-140 is then filed and approved based on the PERM.
- EB1 & EB2 (NIW, Schedule A): The date on which the I-140 is filed with the USCIS, provided that the petition is approved.
- EB-5: The date on which the Form I-526, Immigrant Petition by Alien Entrepreneur is received by USCIS, provided that the petition is approved.
- Family-based immigration cases: The date on which the I-130 is filed with the USCIS, provided that the petition is approved.
Note that DOS looks at one’s country of birth in determining whether one is a national of a given country, not the country of citizenship. It is country of birth (principal alien or his/her spouse) that determines the country of chargeability to be “counted” against for purposes of permanent residency. Counting against the country of birth of one’s spouse is called “cross-chargeability.”
For general information on visa retrogression, please see our FAQ on this subject. For more information on the Visa Bulletin and country quota movements, including information about movement in the Family-Based Quotas, please see our DOS Visa Bulletin and Quota Movement page.
