Visa Bulletin Updates

Where are we next month?

The United States Immigration and Citizenship Services (USCIS) has announced that for the September 2024 Visa Bulletin, applicants must use the Final Action Dates chart for employment-based preference categories, and the Dates for Filing chart for family-sponsored preference categories when filing adjustment of status (I-485) applications:

• Retrogressions

In September 2024, Final Action Dates for EB-3 Worldwide – excepting India and China – will retrogress by one year to December 1, 2020.

• Advancements

There are no advancements in any other preference category.

Visa Bulletin Fundamentals

What is the "Final Action Date" chart?

This chart notes the dates when USCIS or the Department of State (DOS) may adjudicate and issue a final decision on Immigrant Visa applications. An applicant is eligible to file an I-485 application with USCIS if their priority date is before the date reflected on the chart, in the appropriate preference category, and their country of birth.

What is the "Dates for Filing" chart?

This chart notes the dates when an I-485 or National Visa Center application may be submitted to the respective agency – USCIS or DOS. An applicant may be eligible to file the I-485 if their priority date is before the date reflected, but only in months where USCIS announces it will allow submissions pursuant to the Dates for Filing chart. This does not always occur.

What is a "priority date"?

Most simply, this date establishes the applicant's place in line for a green card. For employment-based petitions sought via PERM labor certification sponsorship, the priority date is the date the PERM application is filed with the U.S. Department of Labor (DOL). Where PERM sponsorship is not the basis of the application, the priority date is set when the immigrant visa petition is filed with USCIS – typically the I-140 petition for employment-based cases, or the I-130 for family-based sponsorship.

A priority date is "current" if it is earlier than the date listed in the corresponding section of the chart, based on the preference category and applicant's country of birth. 'C' denotes that the category itself is "current' and any applicant is eligible to file, regardless of their priority date.

What's Next?

The retrogression of the EB-3 Worldwide preference category in September means that applicants with a priority date before December 1, 2020, will become ineligible to submit I-485 applications, until such time as the dates move forward again.

DOS has also announced that the annual limit for EB-3 and EB-5 unreserved categories has been reached for the FY2024 fiscal year, ending September 20, 2024. This means that neither DOS or USCIS may adjudicate applications in these categories until a visa number again becomes available. USCIS is expected to continue to accept new I-485 filings under the August and September visa bulletins, based on past practice.

As is often the case each year, DOS does anticipate forward movement in October, when the new fiscal year begins. It is not likely, however, that the EB-3 Worldwide category will become current for all applicants, due to the recent high demand in that category. The October 2024 visa bulletin is expected to be released sometime in mid-late September.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.