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Breaking Down EB Categories in August 2025 Bulletin: Critical Changes for Green Card Applicants

Breaking Down EB Categories in August 2025 Bulletin: Critical Changes for Green Card Applicants

The monthly Visa Bulletin serves as a crucial roadmap for thousands of immigrants navigating the complex journey toward permanent residency. For those tracking the August 2025 numbers, significant shifts across employment-based categories reveal both challenges and opportunities that demand immediate attention and strategic planning.

Introduction to Employment-Based Categories

Employment-Based (EB) categories are immigrant visa classifications for foreign nationals seeking U.S. permanent residency based on their job skills or investment. These categories are central to the monthly Visa Bulletin issued, which helps applicants track green card availability and waiting periods.

The system divides applicants into five preference tiers:

  • EB-1 (Priority Workers): 28.6% of yearly limit plus unused numbers from EB-4 and EB-5
  • EB-2 (Advanced Degree/Exceptional Ability): 28.6% plus unused EB-1 numbers
  • EB-3 (Skilled/Professional/Other Workers): 28.6% plus unused EB-1 and EB-2 numbers
  • EB-4 (Special Immigrants): 7.1% of yearly limit
  • EB-5 (Investors): 7.1% with specific allocations for rural, high-unemployment, and infrastructure investments

Analysis of August 2025 Final Action Dates

USCIS has announced that all employment-based adjustment applicants must use Final Action Dates for August 2025 filings. Looking at each category:

EB-1 remains current for most countries, though India and China still face cutoff dates with no forward movement.

EB-2 shows a retrogression of about 6 weeks for every country of birth (minus China and India). China shows no advancement, while India faces minor retrogression.

EB-3 offers a small bright spot with India advancing by one month, while other regions show minimal movement or remain stagnant.

EB-4 is completely unavailable as the annual limit has been reached. This category likely won't reopen until October when the new fiscal year begins.

EB-5 brings positive news with significant advancements—China's date moved forward by almost 2 years, and India advanced by about 6.5 months.

The August 2025 Visa Bulletin continues patterns seen in recent months, with ongoing retrogression and stagnation in key employment categories. Over the past year, EB-2 and EB-3 have experienced periodic backward movement, particularly for India and China, due to per-country caps and high application volumes.

EB-1 has maintained its "current" status for most countries while India and China face persistent backlogs. The EB-4 category's unavailability follows a familiar pattern where its annual quota is exhausted before the fiscal year ends.

The notable EB-5 advancements for China and India are significant after periods of minimal movement. These trends reflect the ongoing reality of fluctuating visa availability, where high-demand countries continue to face longer waiting periods due to the 7% per-country limitation on employment-based visas.

Reasons Behind Notable Shifts

The fluctuating demand from applicants primarily drives the changes we're seeing in the August 2025 Bulletin. Countries like India and China face rapid depletion of their quotas due to consistently high application numbers.

The per-country caps—limiting any nation to no more than 7% of overall employment-based visas—create predictable backlogs for high-demand countries. This system virtually guarantees long waits for applicants from these nations.

The Department of State has specifically warned about ongoing high demand and the likelihood of further retrogressions, particularly as we approach the fiscal year end. The complete unavailability of EB-4 stems directly from its category quota being reached earlier than expected, a situation made worse by recent application surges combined with this category's relatively small numerical allocation.

Potential Impacts on Applicants

The retrogression in EB-2 for "All Other Areas," India, China, Mexico, and the Philippines means longer waiting times for many applicants. Those in the EB-3 India category might feel slight relief from the minor progress, but substantial backlogs remain.

Chinese and Indian EB-5 applicants benefit from notable advancements, creating new opportunities for families ready to file or receive green cards. Meanwhile, the EB-4 unavailability halts green card processing for affected applicants until October, impacting special immigrant cases including religious workers.

These shifts require strategic thinking. Some applicants may need to reconsider their approach to adjustment of status versus consular processing. Others might explore cross-chargeability options (using a spouse's country of birth) or investigate less backlogged EB categories when possible.

Expert Opinions and Predictions

Immigration specialists warn of ongoing volatility in high-demand categories like EB-2 and EB-3, given unpredictable application volumes and processing delays. Most predict limited movement or additional retrogression for September 2025, with possible forward progress only after October's fiscal year reset.

The Department of State has reinforced expectations for continuing backlogs, stating that EB-4 will likely remain closed until October.

For the coming months, expect:

  • Minimal advancement or retrogression across most categories until October
  • Possible modest improvements in EB-3 for selected countries
  • No relief for EB-4 applicants before the new fiscal year
  • Continued cautious management of visa numbers, especially for India and China

Without legislative changes to address structural issues like country caps, these patterns will likely continue into 2026.

Practical Guidance for Applicants

If you're navigating the August 2025 Visa Bulletin changes, here are key steps to take:

  • Check the Visa Bulletin monthly and prepare to file immediately if dates move forward
  • Consider cross-chargeability options through a spouse's birth country when possible
  • EB-5 applicants from China and India should move quickly during this advancement period
  • Keep all USCIS documentation current while waiting for priority dates
  • Document everything related to your case, including correspondence with USCIS
  • If caught in retrogression, focus on maintaining lawful status and consider speaking with your employer about long-term planning

Moving Forward with Your Immigration Journey

The August 2025 Visa Bulletin paints a complex picture for employment-based green card seekers. While some face extended waiting periods due to retrogressions, others—particularly in the EB-5 category—may find new opportunities to advance their cases. Remember that these monthly fluctuations are part of a larger pattern that requires both patience and proactive planning.

If you're caught in this intricate system, focus on what you can control: maintaining valid status, keeping documentation current, and working closely with qualified legal counsel. The immigration landscape may be challenging, but with informed strategies and realistic expectations, you can navigate these temporary setbacks while keeping your permanent residency goals firmly in sight.

The Visa Bulletin is a monthly publication by the U.S. Department of State (DOS) that provides critical information on the availability of immigrant visas (aka green cards). It is an essential tool for people seeking to immigrate permanently to the United States.

The Visa Bulletin helps manage the demand for visas by setting cut-off dates for oversubscribed categories and countries. This ensures that green cards are issued within the limits set by Congress.

The differences in cut-off dates arise because some countries (like India and China for employment-based, and Mexico and the Philippines for family-based) have much higher demand for green cards than others, leading to backlogs and the need to impose cut-off dates to manage the allocation of available visas.

By providing a monthly update on visa availability, the Visa Bulletin offers predictability to applicants, allowing them to plan their immigration process more effectively. It helps nonimmigrant workers seeking permanent residency to estimate when they might be eligible to apply for adjustment of status.

Visa Availability: The Visa Bulletin lists the availability of immigrant visa numbers for family-sponsored and employment-based categories. It indicates whose Priority Dates are current in each category, meaning who is eligible to put in their green card application now.

Priority Dates: The priority date is typically the date when the immigrant petition was filed or when the labor certification was accepted.

Per-Country Limits: The Immigration and Nationality Act (INA) imposes a per-country limit on the number of immigrant visas that can be issued to nationals of any single country. This is to prevent any one country from dominating the allocation of visas. When the demand for visas from a particular country exceeds its per-country limit, that country becomes "oversubscribed," and a cut-off date is established to manage the queue of applicants.

Oversubscription: When a category or country is oversubscribed, only applicants with a priority date earlier than the cut-off date may be issued visas. This is why the Visa Bulletin shows different cut-off dates for different countries, reflecting the varying levels of demand and backlog for each country.

 Different Lists for Employment-Based and Family-Based Visas: The list of countries with specific cut-off dates differ between employment-based and family-based categories due to differences in demand patterns. For example, India and China have higher demand in employment-based categories, leading to longer backlogs for them compared to other employment-based applicant. For family-based green cards, Mexico and the Philippines have higher demand than other countries, so they wait the longest.

What is your Priority Date?

Your Priority Date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS). If a labor certification is required, the Priority Date is the date the Department of Labor accepted the labor certification for processing.

The primary document that shows your Priority Date is the I-797 Approval Notice for your Form I-140, Immigrant Petition for Alien Worker. This notice will explicitly state the Priority Date, which is typically the date your employer filed the labor certification with the Department of Labor or, if no labor certification is required, the date the I-140 petition was filed with USCIS.

If a labor certification was required, the Priority Date is the date the Department of Labor accepted the labor certification for processing.

If you have multiple approved I-140 petitions with different Priority Dates, you are generally entitled to use the earliest Priority Date. This is known as priority date retention, and it allows you to retain the earliest date from any approved I-140 petition, provided there is no fraud, willful misrepresentation, or material error involved.

The earliest-established Priority Date is transferable to subsequent petitions, even if the initial petitioning employer withdraws the I-140 or the business ceases to exist, as long as there is no fraud or gross error.

Priority Date Retention: The ability to retain the earliest Priority Date is a significant advantage, especially for applicants from countries with long wait times. This retention is applicable across different employment-based categories (EB-1, EB-2, EB-3) and is crucial for managing the timing of your application for adjustment of status or an immigrant visa.

Impact of Revocation or Withdrawal: Even if an I-140 petition is withdrawn by the employer or the business ceases to exist, the Priority Date can still be retained unless the petition was revoked due to fraud or a material error.

Which Category is Yours on the Visa Bulletin?

To determine which category you are in on the Visa Bulletin, you need to identify the type of immigrant petition filed on your behalf and the preference category it falls under. The Visa Bulletin is divided into two main sections: Family-Sponsored Preferences and Employment-Based Preferences. Each section lists various categories, each with its own set of priority dates.

Identify Your Petition Type

Family-Sponsored Preferences: If your petition is based on a family relationship, such as a Form I-130, Petition for Alien Relative, you will fall under one of the family-sponsored categories. These include immediate relatives of U.S. citizens and various preference categories for other family members.

Employment-Based Preferences: If your petition is based on employment, such as a Form I-140, Immigrant Petition for Alien Worker, you will fall under one of the employment-based categories. These include EB-1 for priority workers, EB-2 for professionals with advanced degrees or exceptional ability, and EB-3 for skilled workers, professionals, and other workers.

Look at Your Approval Notice

The I-797 Approval Notice for your petition will indicate the specific category under which your petition was approved. This document is crucial for confirming your category.

Consult the Visa Bulletin

Once you know your category, consult the Visa Bulletin to find the relevant section. The Visa Bulletin is published monthly by the U.S. Department of State and can be accessed online.

Locate your category in the appropriate section (Family-Sponsored or Employment-Based) and find the corresponding priority date for your country of chargeability.

Family-Sponsored Categories

Family-sponsored immigration is divided into several preference categories, each with specific eligibility criteria:

Immediate Relatives: Spouses, unmarried children under 21, and parents of U.S. citizens. This category is not subject to numerical limits, and visas are always immediately available, os it does not appear on the Visa Bulletin.

First Preference (F1): Unmarried sons and daughters (21 years of age and older) of U.S. citizens.

Second Preference (F2): There are two different second preference groups with their own cut-off dates.

F2A: Spouses and unmarried children (under 21 years of age) of lawful permanent residents (LPRs).

F2B: Unmarried sons and daughters (21 years of age and older) of LPRs.

Third Preference (F3): Married sons and daughters of U.S. citizens.

Fourth Preference (F4): Brothers and sisters of U.S. citizens, provided the U.S. citizen is at least 21 years old.

Employment-Based Categories

Employment-based immigration is divided into five preference categories, each with specific eligibility criteria:

First Preference (EB-1): Priority workers, including persons with extraordinary ability (EB-1A), outstanding professors and researchers (EB-1B), and multinational managers or executives (EB-1C).

Second Preference (EB-2): Members of the professions holding advanced degrees or individuals with exceptional ability in the sciences, arts, or business. This category includes people with National Interest Waivers.

Third Preference (EB-3): Skilled workers, professionals, and other workers (unskilled workers).

Fourth Preference (EB-4): Certain special immigrants, including religious workers and special immigrant juveniles (SIJs).

Fifth Preference (EB-5): Immigrant investors who invest a substantial amount of capital in a new commercial enterprise that creates jobs for U.S. workers.

Final Action Dates vs. Date for Filing – Which One Matters for You?

The monthly Visa Bulletin always includes two key charts for each visa preference category: the "Final Action Dates" chart and the "Dates for Filing" chart. These charts are crucial for determining when applicants can proceed with their immigration applications.

Applicants can check the USCIS website to determine which chart applies for their filing in a particular month, as the DOS Visa Bulletin itself does not specify which chart to use. If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will state on the USCIS website that you may use the Dates for Filing chart. Otherwise, USCIS will indicate that you must use the Final Action Dates chart to determine when you may file your I-485 Adjustment of Status application. If your particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, you may file using the Final Action Dates chart during that month.

For July 2025, USCIS is using different charts for family-sponsored and employment-based preference categories. Specifically:

For family-sponsored preference categories, USCIS is allowing applicants to use the "Dates for Filing" chart.

For employment-based preference categories, USCIS requires applicants to go by the "Final Action Dates" chart.

The Final Action Dates Chart indicates when visas may be issued. It shows the cut-off dates for visa numbers, meaning that only applicants with a priority date earlier than the listed date are eligible to have their visas processed to completion. This chart is generally used to determine when an applicant can be scheduled for a consular interview or when their case can be finalized by the DOS or USCIS.

The Dates for Filing Chart provides the earliest dates when applicants may be able to submit their applications for adjustment of status. It allows applicants to assemble and submit required documentation if their priority date is earlier than the date listed on this chart. This chart is used when USCIS determines there are more immigrant visas available than there are known applicants, allowing for earlier filing.

What is Visa Retrogression?

Visa Bulletin retrogression occurs when the cut-off dates for visa availability move backward in time from one month to the next. This means that a priority date that was current in one month may no longer be current in the following month. Retrogression typically happens when the demand for visas in a particular category or from a specific country exceeds the number of visas available for that month.

Causes of Retrogression:

High Demand: Retrogression often occurs when there is a surge in demand for visas in a particular category or from a specific country, leading to more applications than there are available visas.

Annual Limits: Each visa category and country is subject to annual limits. When these limits are reached or are expected to be reached soon, retrogression can occur so that the government can manage the allocation of visas by cutting off new applicants.

Estimation Errors: The Department of State makes estimates of visa demand and availability. If these estimates are off, it can lead to retrogression as adjustments are made to align with actual demand.

Timing of Retrogression:

End of Fiscal Year: Retrogression is more likely to occur towards the end of the fiscal year (September), as the annual visa limits are approached and DOS adjusts the cut-off dates to prevent exceeding these limits.

Beginning of Fiscal Year: At the start of the fiscal year (October), a new supply of visa numbers becomes available, which often moves cut-off dates significantly forward again.

Visa Bulletin retrogression is a mechanism to manage visa demand and ensure compliance with annual limits. It is more likely to occur towards the end of the fiscal year (especially in the July, August and September Visa Bulletins) when visa numbers for that years are running low.

Can You Time Your Case Based on This Month’s Visa Bulletin?

In July 2025, the backlog for EB-2 Indians is 12 years.  But assuming that the 12-year backlog in the Visa Bulletin means that someone whose labor certification application gets filed today will also have to wait 12 years is wildly unrealistic. The time it takes for a priority date to become current is influenced by multiple factors, and the backlogs in most categories have been increasing substantially over time.

Factors Affecting Wait Times:

Visa Demand and Supply: High demand in a particular category and limited supply causes the backlog to grow.

Per-Country Limits: The Immigration and Nationality Act imposes a per-country cap, limiting the number of visas issued to people born in any single country. This can lead to longer wait times for applicants from countries with high demand, such as India and China. In the employment-based categories and Mexico and the Philippines in the family-based categories.

Visa Retrogression: Sometimes, the cut-off dates in the Visa Bulletin move backward, a process known as retrogression. This can occur when the demand for visas exceeds the available supply, causing longer wait times.

Spillover Visas: Unused visas from other categories or countries can spill over to backlogged categories, potentially reducing wait times.

Policy Changes: Changes in immigration policy or legislation can also impact visa availability and processing times. For example, legislative changes that increase the number of available visas or alter per-country limits could affect wait times.

Surprise Factors: The last time that the Visa Bulletin progressed much faster than normal was triggered by the Covid-19 pandemic.  The pandemic significantly impacted the Visa Bulletin by causing delays and backlogs in immigrant visa processing overseas that gave a short-term advantage to those applicants able to file I-485 Adjustment of Status applications from within the United States. These effects were due to the temporary suspension of routine visa services, reduced staffing, and operational constraints at U.S. Embassies and Consulates around the world.

In March 2020, the Department of State suspended all routine visa services, including the processing of applications for diversity visas, due to the pandemic. Only "mission-critical" visa services continued during this period. This suspension led to a significant backlog of visa applications, as many applicants were unable to proceed with their cases during the suspension period.

U.S. embassies and consulates faced staffing shortages and implemented social distancing measures. These constraints affected the ability to process visas at the usual pace, contributing to a temporary reduction in the number of immigrant visas issued.

With fewer visas being processed and issued abroad, the Department of State adjusted the Visa Bulletin to reflect the reduced demand for consular processing. This resulted in some categories advancing more quickly than usual, as the unused visa numbers were reallocated to other categories or regions. Many EB-2 and EB-3 applicants found their priority dates becoming current sooner than expected. Many applicants living in the United States were able to file their I-485 adjustment of status applications earlier than expected.

So, unexpected systemic disruptions like the COVID-19 pandemic can affect the Visa Bulletin and enable applicants to file their I-485 adjustment of status applications sooner than expected, or prevent applicants from getting their green cards as quickly as they had expected.

Estimating Your Wait Time

While the Visa Bulletin provides a snapshot of current backlogs, it is not a good predictor of future wait times. You can monitor the monthly updates to the Visa Bulletin to track changes in cut-off dates, but it takes deeper analysis to take into account how many people are ahead of you in your category, and how much the demand is outstripping supply in your category each year.

While today’s 12-year backlog for EB-2 India in the Visa Bulletin suggests a significant wait for Indians starting their green card process now, it does not mean they will also get a 12-year wait for new applicants. Various factors, including visa demand, per-country limits, retrogression, spillover visas, policy changes, and even surprise factors like a pandemic or other significant consular disruption can influence how long it takes for a priority date to become current. Most experts agree that the Visa Bulletin backlogs in most categories will continue to balloon as demand outstrips a fixed supply that Congress hasn’t expanded in decades.

The Immigration Act of 1990 was the most recent significant legislative change that increased the overall number of green cards available. It established the current framework for employment-based and family-based immigration categories and set the annual limits that are still in place decades later.

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