LawFlash

US Department of State Releases February 2024 Visa Bulletin

January 18, 2024

The US Citizenship and Immigration Services (USCIS) will use the Dates for Filing Chart in February 2024, reflecting no movement. The Final Action Chart reflects minimal advancement.

The US Department of State has released its February 2024 Visa Bulletin outlining per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status applications for consular immigrant visa application filings and approvals.

WHAT DOES THE FEBRUARY 2024 VISA BULLETIN SAY?

The bulletin includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustments of status or immigrant visas, and the latter indicates when adjustment of status applications or immigrant visa applications may be approved, and permanent residence granted.

Each month, the USCIS chooses which chart it will follow. For February 2024, the USCIS will follow the Dates for Filing chart for employment-based (EB) filings for adjustment of status. This means that individuals seeking to file applications for adjustment of status with the USCIS in February 2024 must use the Dates for Filing chart below.

DATES FOR FILING FINAL CUTOFF DATES

To be eligible to file an EB adjustment application in February 2024, a foreign national must have a priority date that is earlier than the date listed below for their preference category and country. The “C” listing indicates that the category is current, and applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date that is earlier than the listed date may file their applications.

 

Employment- Based

All Chargeability
Areas Except
Those Listed

China-
Mainland
Born

India

Mexico

Philippines

1st

C

01JAN23

01JAN21

C

C

2nd

01FEB23

01JUN20

15MAY12

05FEB23

15FEB23

3rd

01FEB23

01JUL21

01AUG12

01FEB23

01JAN23

Other Workers

15DEC20

01JUN17

01AUG12

1DEC20

15MAY20

 

EMPLOYMENT-BASED FIRST PREFERENCE (EB-1)

The EB-1 cutoff date will not change for any category from those announced in the January 2024 Visa Bulletin. This means that China EB-1 applicants whose I-485 applications have not yet been filed and have a priority date before January 1, 2023 can file their I-485 applications with the USCIS.

India EB-1 applicants whose I-485 applications have not yet been filed and who have a priority date before January 1, 2021 can file their I-485 applications with the USCIS. All other EB-1 categories remain current (C), with no cutoff dates.

EMPLOYMENT-BASED SECOND PREFERENCE (EB-2)

The EB-2 cutoff date will not change for any category from those announced in the January 2024 Visa Bulletin.

The EB-2 cutoff date for All Chargeability Areas, Mexico, and the Philippines will remain February 15, 2023. This means that all applicants chargeable to these areas whose I-485 applications have not yet been filed and who have a priority date before February 15, 2023 can file their I-485 applications with the USCIS.

The EB-2 cutoff date for China will remain June 1, 2020. This means that China EB-2 applicants whose I-485 applications have not yet been filed and who have a priority date before June 1, 2020 can file their I-485 applications with the USCIS.

The EB-2 cutoff date for India will remain May 15, 2012. This means that India EB-2 applicants whose I-485 applications have not yet been filed and who have a priority date before May 15, 2012 can file their I-485 applications with the USCIS.

EMPLOYMENT-BASED THIRD PREFERENCE (EB-3)

The EB-3 cutoff date will not change for any category from those announced in the January 2024 Visa Bulletin.

The EB-3 cutoff date for All Chargeability Areas and Mexico will remain February 1, 2023. This means that all applicants chargeable to these areas whose I-485 applications have not yet been filed and who have a priority date before February 1, 2023 can file their I-485 applications with the USCIS.

The EB-3 cutoff date for China will remain July 1, 2021. This means that China EB-3 applicants whose I-485 applications have not yet been filed and who have a priority date before July 1, 2021 can file their I-485 applications with the USCIS.

The EB-3 cutoff date for India will remain August 1, 2012. This means that India EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before August 1, 2012 can file their I-485 applications with the USCIS.

The EB-3 cutoff date for the Philippines will remain January 1, 2023. This means that Philippines EB-3 applicants whose I-485 applications have not yet been filed and who have a priority date before January 1, 2023 can file their I-485 applications with the USCIS.

OTHER WORKERS

The Other Workers cutoff date will not change for any category from those announced in the January 2024 Visa Bulletin.

The Other Workers cutoff date for All Chargeability Areas and Mexico will remain December 15, 2020. This means that Other Worker applicants from these areas whose I-485 applications have not yet been filed and who have a priority date before December 15, 2020 can file their I-485 applications with the USCIS.

The Other Workers cutoff date for China will remain June 1, 2017. This means that Other Worker applicants from China whose I-485 applications have not yet been filed and who have a priority date before June 1, 2017 can file their I-485 applications with the USCIS.

The Other Workers cutoff date for India will remain August 1, 2012. This means that Other Worker applicants from India whose I-485 applications have not yet been filed and who have a priority date before August 1, 2012 can file their I-485 applications with the USCIS.

The Other Workers cutoff date for the Philippines will remain May 15, 2020. This means that Other Worker applicants from the Philippines whose I-485 applications have not yet been filed and who have a priority date before May 15, 2020 can file their I-485 applications with the USCIS.

SIGNIFICANT DEVELOPMENTS

The February 2024 visa bulletin reflected no advancement in the Dates for Filing Chart for employment-based preference cases and only minimal advancement in the Final Action Dates chart.

Contacts

If you have any questions or would like more information on the issues discussed in this LawFlash, please contact any of the following: