In March, USCIS conducted an initial random selection of properly submitted electronic registrations for the fiscal year 2025 H-1B cap, including those eligible for the advanced degree exemption. Petitioners with selected registrations were eligible to file H-1B cap-subject petitions from April 1 to June 30, 2024. However, additional registrations need to be selected to meet the FY 2025 regular cap numerical allocation. USCIS will soon conduct a second random selection from the previously submitted registrations and notify the selected petitioners. This second selection will include those eligible for both the master’s and regular caps, but no additional selection for the advanced degree exemption will be conducted. Selected petitioners will receive updated selection notices in their USCIS online accounts with filing details.


For more details, please visit the State Department’s H1-B Cap Registrations

Quick Recap

• Next month, USCIS will accept any employment-based adjustment of status (AOS) applications from foreign nationals whose I-140 priority dates are earlier than the corresponding Final Action Dates listed in the State Department’s August 2024 Visa Bulletin.
• In August, the Final Action dates for all employment-based categories will remain the same except for India’s EB-2 and EB-3.
• In August, the Dates For Filing for the Family-Sponsored F2A category will advance significantly across all countries, moving forward by nearly seven and a half months to June 15, 2024. Foreign nationals with I-130 priority dates in the F2A category on or before June 15, 2024, will be eligible to file a family-based AOS application in August 2024.

Employment-Based Final Action Dates for August 2024

To be eligible to file an employment-based AOS application in August, foreign nationals must have an I-140 priority date that is earlier than the date listed below for their preference category and country:

• EB-1
• China: November 1, 2022
• India: February 1, 2022
• All other countries: Current (applications may be filed regardless of the applicant’s priority date.)

• EB-2
• China: March 1, 2020
• India: July 15, 2012
• All other countries: March 15, 2023

• EB-3
• China: September 1, 2020  
• India: October 22, 2012 
• All other countries: December 01, 2021

For more details, please visit the State Department’s August 2024 Visa Bulletin

Quick Recap

• Next month, USCIS will accept any employment-based adjustment of status (AOS) applications from foreign nationals whose I-140 priority dates are earlier than the corresponding Final Action Dates listed in the State Department’s July 2024 Visa Bulletin.
• In July, there will be slight advancement in most employment-based categories.
• The Final Action date for China EB-1 will advance by two months; China EB-2 will advance by one month; and China EB-3 will remain the same.
• Due to continued high demand, the Final Action date for EB-3 in all countries, except China and India, will retrogress by almost one year. The State Department notes that it is likely that the Final Action date under EB-3 will further retrogress or become “unavailable” in August.

Employment-Based Final Action Dates for July 2024

To be eligible to file an employment-based AOS application in July, foreign nationals must have an I-140 priority date that is earlier than the date listed below for their preference category and country:

• EB-1
• China: November 1, 2022
• India: February 1, 2022
• All other countries: Current (applications may be filed regardless of the applicant’s priority date)
• EB-2
• China: March 1, 2020
• India: June 15, 2012
• All other countries: March 15, 2023
• EB-3
• China: September 1, 2020  
• India: September 22, 2012 
• All other countries: December 01, 2021

For more details, please visit the State Department’s July 2024 Visa Bulletin.

Quick Recap 

• Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s January Visa Bulletin.
• To be eligible to file an employment-based adjustment application in January, foreign national must have a priority date that is earlier than the date listed below for their preference category and country:
  • EB-1
    • China: January 1, 2023
    • India: January 1, 2021
    • All other countries: Current
  • EB-2
    
    • China: June 1, 2020*
    • India: May 15, 2012
    • All other countries: February 15, 2023
    • *Note: The State Department website erroneously repeats last month’s date of January 1, 2020 for this category, and the error is repeated on the USCIS website. However, the Official January Visa Bulletin, which is understood to be the most accurate source, lists a June 1, 2020 date. 
  • EB-3
    
    • China: June 1, 2017
    • India: August 1, 2012
    • Philippines: May 15, 2020
    • All other countries: December 15, 2020
  • EB-4
    • All countries: September 1, 2019
  • EB-5 Unreserved
    
    • China: January 1, 2017
    • India: April 1, 2022
    • All other countries: Current
  • EB-5 Set-Asides
    • Rural: Current for all countries
    • High Unemployment: Current for all countries
    • Infrastructure: Current for all countries