Close-up of blank immigration stamp with copy space.

Quick Hits

  • The October 2024 Visa Bulletin shows progression across the majority of employment-based categories on the dates for filing chart, while the final action dates chart sees modest to no movement.
  • Contrastingly, the final action date and filing date for EB-3 China will retrogress, by five and almost eight months, respectively.
  • The final action date for EB-3 Worldwide will advance by nearly two years.
  • USCIS will utilize the dates for filing chart to accept adjustment of status applications for the month of October.

U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will accept adjustment of status cases filed pursuant to the dates for filing (see below) for employment-based preference categories.

The State Department separately announced that the fiscal year (FY) 2024 visa limits for several employment-based categories had been reached. For FY 2024, which ends on September 30, 2024, the numerical limit for employment-based preference immigrants was 160,791.

Final Action Dates Chart Analysis

The October 2024 bulletin shows the following:

  • EB-1 Worldwide remains current, and India holds steady at February 1, 2022. EB-1 China moves forward one week to November 8, 2022.
  • No movement in EB-2 Worldwide or India, but EB-2 China ticks forward twenty-one days to March 22, 2020.
  • EB-3 Worldwide jumps forward nearly two years to November 15, 2022, and EB-3 India advances eight days to November 1, 2012. As mentioned above, EB-3 China retrogresses five months to April 1, 2020.
Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES
1st C 08NOV22 01FEB22 C C
2nd 15MAR23 22MAR20 15JUL12 15MAR23 15MAR23
3rd 15NOV22 01APR20 01NOV12 15NOV22 15NOV22

Source: U.S. Department of State, October 2024 Visa Bulletin

Dates for Filing Chart Analysis

The October 2024 bulletin’s dates for filing chart shows the following:

  • EB-1 Worldwide and China remain at their September dates, while EB-1 India advances two months to April 15, 2022.
  • EB-2 Worldwide advances nearly five months to August 1, 2023; EB-2 China moves forward four months to October 1, 2020, and EB-2 India jumps almost six months to January 1, 2013.
  • EB-3 Worldwide ticks forward one month to March 1, 2023, and EB-3 India advances more than seven months to June 8, 2013. As mentioned above, EB-3 China retrogresses eight months.
Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES
1st C 01JAN23 15APR22 C C
2nd 01AUG23 01OCT20 01JAN13 01AUG23 01AUG23
3rd 01MAR23 15NOV20 08JUN13 01MAR23 01MAR23

Source: U.S. Department of State, October 2024 Visa Bulletin

USCIS has confirmed that it will accept Form I-485, Application to Register Permanent Residence or Adjust Status, from foreign nationals with a priority date that is earlier than the dates for filing listed in the October 2024 Visa Bulletin.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and provide updates on the Immigration blog as additional information becomes available.

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