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September 2024 Visa Bulletin: Visa dates experience no movement

Unlike the strong movements in the July 2024 and August 2024 visa bulletin, there have been no significant developments.

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 September 2024 Visa Bulletin, USCIS has decided that it will continue to use the Final Action Dates for Employment-Based Adjustment of Status Applications table. Meanwhile, USCIS also decided to continue to follow the Dates for Filing for Family-Sponsored Adjustment of Status Applications table. While the September 2024 visa bulletin demonstrates movement dates for individuals across the globe, this article will specifically focus on the dates that impact Indian nationals.

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 June 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 stays the same on January 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.
Employment-Sponsored Preference Cases Specific for Indian Nationals / USCIS
  • Employment-based First (Priority Workers): India’s visa cut-off remains the same on February 1, 2022.
  • Employment-based Second (Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability): India’s visa cut-off date also stays the same on July 15, 2012.
  • Employment-based Third (Skilled Workers, Professionals, and Other Workers): India’s visa cut-off date does not change and remains on October 22, 2012.
  • Employment-based Fourth (Certain Special Immigrants – including Religious Workers): India’s visa cut-off date remains on January 1, 2021.  
  • Employment-based Fifth (Employment Creation – which is the EB-5 immigrant investor visa category): In the Unreserved category, EB-5 visa availability date remains on December 1, 2020, for India. Finally, in the Final Action Dates 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, unlike the strong movements in the July 2024 and August 2024 visa bulletin, there have been no significant developments. Moreover, by using the Final Action Dates for Employment-based Preference Cases in the September 2024 monthly visa bulletin, U.S. Department of State has also signaled that it expects most employment-based preference category limits for fiscal year 2024 will be reached during September, if not sooner. If it does reach its limit, the U.S. Department of State will immediately make the preference category “unavailable.”  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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