September Visa Bulletin

Each month, the U.S. Department of State publishes the Visa Bulletin, listing all "preference" categories and states whether or not a backlog exists for each one. For September 2019, there is now a worldwide backlog for all applicants for the EB-1, EB-2, and EB-3 preference categories.

This means that only those who filed Form I-140 on or before the date given in the Visa Bulletin are able to file for or be granted permanent resident status. The listed date for all countries other than China and India in the EB-1 category is October 1, 2017. China is backlogged to January 1, 2014 while India is unavailable, meaning that only those applicants whose I-140 was filed on or before that date are able to file Form I-485 to become permanent residents, or if their I-485 applications are already pending, to be approved.

While, in the EB-2 preference category, the listed date for all countries other than China and India is January 1, 2018. China and India are backlogged to January 1, 2017 and May 8, 2009, respectively. 

These backlogs may require employers or immigrants to extend H-1B, O-1, and other nonimmigrant categories until such time that visa numbers do become available, so it is strongly advised to plan accordingly and to allow enough time so that no gap exists which could affect the ability of the applicant to work in the United States and/or travel abroad. We will be checking each month to monitor the Visa Bulletin and will provide updates.