US Department of State Releases September 2024 Visa Bulletin

The US Citizenship and Immigration Services (USCIS) will use the Final Action Dates for Employment-Based Adjustment of Status Applications chart in September 2024. The Final Action Dates chart reflects significant EB-3 retrogression.

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

WHAT DOES THE SEPTEMBER 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 September 2024, the USCIS will follow the Final Action Dates 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 September 2024 must use the Final Action Dates chart below.

FINAL ACTION CUTOFF DATES

To be eligible to file an EB adjustment application in September 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 FIRST PREFERENCE (EB-1)

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

The EB-1 cutoff date for China will remain November 1, 2022. This means that China EB-1 applicants whose I-485 applications have not yet been filed and who have a priority date before November 1, 2022 can file their I-485 applications with the USCIS.

The EB-1 cutoff date for India will remain February 1, 2022. This means that India EB-1 applicants whose I-485 applications have not yet been filed and have a priority date before February 1, 2022 can file their I-485 applications with the USCIS.

EMPLOYMENT-BASED SECOND PREFERENCE (EB-2)

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

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

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

EMPLOYMENT-BASED THIRD PREFERENCE (EB-3)

The EB-3 cutoff date for All Chargeability Areas, Mexico, and the Philippines will retrogress one year to December 1, 2020. This means that all applicants who are chargeable to these areas whose I-485 applications have not yet been filed and have a priority date before December 1, 2020 can file their I-485 applications with the USCIS.

The EB-3 cutoff date for China will remain September 1, 2020. This means that China EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before September 1, 2020 can file their I-485 applications with the USCIS.

The EB-3 cutoff date for India will remain October 22, 2012. This means that India EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before October 22, 2012 can file their I-485 applications with the USCIS.

OTHER WORKERS

The Other Workers cutoff date for All Chargeability Areas and Mexico will retrogress one month to December 1, 2020. This means that Other Worker applicants from these areas whose I-485 applications have not yet been filed and have a priority date before December 1, 2020 can file their I-485 applications with the USCIS.

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

The Other Workers cutoff date for India will remain October 22, 2012. This means that Other Worker applicants from India whose I-485 applications have not yet been filed and have a priority date before October 22, 2012 can file their I-485 applications with the USCIS.

The Other Workers cutoff date for the Philippines will remain May 1, 2020. This means that Other Workers applicants from the Philippines whose I-485 applications have not yet been filed and have a priority date before May 1, 2020 can file their I-485 applications with the USCIS.

SIGNIFICANT DEVELOPMENTS

The demand for employment-based visas from both USCIS and the Department of State has been consistently rising throughout the fiscal year. Consequently, the Department of State anticipates that most employment-based preference categories will reach the annual visa limit in September 2024. When the annual limit is reached, the Department of State will make the preference category “unavailable,” and no further requests for visa numbers will be honored. The new fiscal year will begin October 1, 2024.