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October 2024 Visa Bulletin: Visa dates experience some movement
While there have been little movement for the Family-Based Preference Cases, there has been significant change for the Employment-Based Preference Cases.
The U.S. Department of State (DOS) publishes current immigrant visa availability information on its Visa Bulletin. The Visa Bulletin shows when immigrant visas are available for issuance to prospective immigrants based on their individual priority dates. Every month, the DOS publishes two charts per visa preference category on its Visa Bulletin. The charts are based on the Application Final Dates and Dates for Filing Applications.
The Application Final Dates chart illustrates the dates when visas may finally be issued, and the Dates for Filing Applications demonstrates the earliest dates when applicants may be able to apply.
For the October 2024 Visa Bulletin, USCIS has decided that it will now be using the Dates for Filing for Employment-Based Adjustment of Status Applications table. This is a change from the last fiscal year 2024, when USCIS had been using the Final Action Dates chart since March 2024 through the end of the Fiscal Year 2024. Meanwhile, USCIS has decided to continue to follow the Dates for Filing for Family-Sponsored Adjustment of Status Applications table. While the October 2024 visa bulletin demonstrates movement dates for individuals across the globe, this article will specifically focus on the dates that impact Indian nationals.
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Family-Sponsored Preference Cases Specific for Indian Nationals / USCIS- Family-based First Preference Category (F-1 – Unmarried Sons and Daughters of U.S. Citizens): India’s visa cut-off date will remain on September 1, 2017.
- Family-based Second Preference Category (F2A – Spouses and Children of Permanent Residents): India’s visa cut-off date also remains on July 15, 2024.
- Family-based Second Preference Category (F2B – Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: India’s visa cut-off date will remain on January 1, 2017.
- Family-based Third Preference Category (F3 – Married Sons and Daughters of U.S. Citizens): India’s visa cut-off date is now July 1, 2011.
- Family-based Fourth Preference Category (F4 – Brothers and Sisters of Adult U.S. Citizens): India’s visa cut-off date will remain the same on June 15, 2006.
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Employment-Sponsored Preference Cases Specific for Indian Nationals / USCIS
- Employment-based First (Priority Workers): India’s visa cut-off is on April 15, 2022.
- Employment-based Second (Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability): India’s visa cut-off date remains on January 1, 2013.
- Employment-based Third (Skilled Workers, Professionals) India’s visa cut-off date is on June 8, 2013, and June 1, 2013, for other workers.
- Employment-based Fourth (Certain Special Immigrants): India’s visa cut-off date is February 1, 2021. For religious workers, it is unavailable and pending legislative action to extend this visa in the new fiscal year 2025.
- Employment-based Fifth (Employment Creation – which is the EB-5 immigrant investor visa category): In the Unreserved category, EB-5 visas availability date status on April 1, 2022, for India. Finally, in the Dates for Filing chart for EB5 Set Asides (which covers Rural, and High Unemployment, and Infrastructure areas) for Indian born applicants, the visa number continue to remain ‘Current.’
As readers can see from the description provided, while there have been little movement for the Family-Based Preference Cases, there has been significant change for the Employment-Based Preference Cases. Moreover, by using the Dates for Filing chart for Employment-based Preference Cases in the October 2024 monthly visa bulletin, U.S. Department of State has also signaled that it is still doing its best to try and keep the various employment-based visa numbers in steady movement to not have the visa numbers be used up too quickly.
However, with the ongoing high demand for these visas, the Department of State will continue to be cautious in how it sets its monthly visa number goals. We will continue to observe the steps taken by the Department of State and USCIS in the coming months.
Clement C. Chang Esq is a Senior Associate at Pasricha & Patel, LLC. He has spent several years providing exceptional legal services in employment-based immigration, labor certification, family-based immigration, and immigrant and nonimmigrant visa petitions. Visit Pasricha & Patel, LLC’s website here: www.pasricha.com
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