December 2024 Visa Bulletin

October 2024 Visa Bulletin: Disappointing Start to Fiscal Year 2025

The Department of State has released the October 2024 Visa Bulletin, which provides an overview of the immigrant visas available for the first month of Fiscal Year 2025. The bulletin includes two charts: the Final Action Dates chart and the Dates for Filing chart, applicable to both Employment-Based and Family-Based immigrant visas. Each month, U.S. Citizenship and Immigration Services (USCIS) confirms which chart applicants physically present in the United States, and filing for Adjustment of Status (AOS), must use. For October 2024, USCIS has confirmed that applicants may use the Dates for Filing chart for both Family-Based and Employment-Based cases.

Below, we break down the movements observed in the October 2024 Visa Bulletin.

Family-Based Preference Categories

In the Family-Based Preference category, the dates across all preference categories and countries remain the same except for Mexico and one category for India in the Final Action Date chart. This is surprising since the visa allotment resets in October.

F1

In the Final Action Date chart, in the F-1 category (Unmarried Sons and Daughters of U.S. Citizens), the dates for Mexico advance by over seven months to January 1, 2003. For the Philippines, the dates remain the same at March 1, 2012. Similarly, for the rest of the world, the dates remain the same at October 22, 2015.

F2A

In the F2A category (Spouses and Children of Permanent Residents), we see small advancements for Mexico, while the cutoff dates for the rest of the world remain the same in the Final Action Date chart. For Mexico, the cutoff date will advance by over one month to March 8, 2021. In the F2B category (Unmarried Sons and Daughters, 21 years of age or older, of Permanent Residents), the dates for Mexico advance by over six months to January 15, 2005.

F3

In the F3 category (Married Sons and Daughters of U.S. Citizens), we again only see advancement for Mexico in the Final Action Date chart. The cutoff date for Mexico advances by over five months to August 22, 2000. Finally, in the F4 category (Brothers and Sisters of Adult U.S. Citizens), we see movement only for India. In the F4 category for India, the cutoff date will advance by over one month to March 1, 2006.

Employment-Based (EB) Preference Categories

October marks the first month of the new fiscal year when the number of available visas resets. However, we see little movement in most EB categories under the Final Action Dates chart. Surprisingly, some categories have retrogressed.

EB-1

In the first preference category (EB-1, Priority Workers), we only see small movement. The cutoff dates for China advance by one week, to November 8, 2022. The dates for EB-1 India will remain at February 1, 2022. All other countries will continue to be current. Under the Date of Filing Chart, the cutoff date for Applicants from China to file their AOS application will remain, at January 1, 2023. For India, the cutoff date will advance by more than two months, to April 15, 2022.

EB-2

In the second preference category (EB-2, Members of the Professions Holding Advanced Degrees, or Persons of Exceptional Ability), similar to the EB-1 category, we see a small advancement for China, while the rest of the world remains steady under the Final Action Dates Chart. For EB-2 China, the cutoff date will advance by three weeks to March 22, 2020. The cutoff date for India will remain at July 15, 2012. For the rest of the world, the date will stay at March 15, 2023. Under the Date of Filing Chart, applicants may file their AOS applications as per the below. For India, the cutoff date will advance by approximately six months to January 1, 2013, while for China, the cutoff date will advance by four months to October 1, 2020. For the rest of the world, the cutoff date will advance by four months to August 1, 2023.

EB-3

In the third preference category (EB-3, Skilled Workers, Professionals, and Other Workers), we see the dates retrogress for China, while there is a small advancement for the rest of the world. It is somewhat unusual to see retrogression at this point in the fiscal year, as the new annual allotment of immigrant visas becomes available and annual immigrant visa limits are reset. In the Final Action Date Chart, the dates for China retrogress by five months to April 1, 2020. For India, the dates advance by one week to November 1, 2012, and for the rest of the world, the cutoff dates advance by almost two years to November 15, 2022. Under the Date of Filing Chart for EB-3, the cutoff date for India will advance by seven months to June 8, 2013. For China, the cutoff date will retrogress by approximately eight months to November 15, 2020. For the rest of the world, the cutoff date will advance by one month to March 1, 2023.

EB-4

The fourth preference category (EB-4, Minister and Non-Minister Religious Workers Program) is set to expire on September 30, 2024, without further action from Congress. If Congress does not extend the program, the category will become “unavailable” as of September 29, 2024. As a result, starting September 29, 2024, the State Department will no longer issue these immigrant visas, and USCIS will not approve any pending adjustment of status applications until Congress passes legislation to reauthorize the program.

EB-5

In the fifth and final preference category (EB-5, Investors), we see some welcome advancements. For the EB-5 Unreserved categories (C5, T5, I5, and R5), the dates for India advance by more than one year to January 1, 2022. For China, the dates advance by seven months to July 15, 2016. All other countries will remain current. For the EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure), the dates will also remain current. In contrast, for the EB-5 Unreserved categories (C5, T5, I5, and R5), China will retrogress by three months to October 1, 2016, while India will remain at April 1, 2022. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.

We continue to monitor and report on predictions and movements related to the monthly Visa Bulletin. If you have questions regarding your priority date, please contact us. We leverage our extensive experience and expertise to get our clients the best possible outcome.

 

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