US Department of State Releases April 2024 Visa Bulletin

Morgan Lewis
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Morgan Lewis

The US Citizenship and Immigration Services (USCIS) will use the Final Action Dates for Employment-Based Adjustment of Status Applications chart in April 2024, reflecting modest advancement in several categories.

The US Department of State has released its April 2024 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 APRIL 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 April 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 April 2024 must use the Final Action Dates chart below.

FINAL ACTION CUTOFF DATES

To be eligible to file an EB adjustment application in April 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

01SEP22 (WAS 15JUL22)

01MAR21 (WAS 01OCT20)

C

C

2nd

15JAN23 (WAS 22NOV22)

01FEB20 (WAS 01JAN20)

15APR12 (WAS 01MAR12)

15JAN23 (WAS 22NOV22)

15JAN23 (WAS 22NOV22)

3rd

22NOV22 (WAS 08SEP22)

01SEP20

15AUG12 (WAS 01JUL12)

22NOV22 (WAS 08SEP22)

22NOV22 (WAS 08SEP22)

Other Workers

08OCT20 (WAS 08SEP20)

01JAN17

15AUG12 (WAS 01JUL12)

08OCT20 (WAS 08SEP20)

01MAY20

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 advance six weeks to September 1, 2022. This means that China EB-1 applicants whose I-485 applications have not yet been filed and have a priority date before September 1, 2022 can file their I-485 applications with the USCIS.

The EB-1 cutoff date for India will advance five months to March 1, 2021. This means that India EB-1 applicants whose I-485 applications have not yet been filed and who have a priority date before March 1, 2021 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 advance by nearly two months to January 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 January 15, 2023, can file their I-485 applications with the USCIS.

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

The EB-2 cutoff date for India will advance six weeks to April 15, 2012. This means that India EB-2 applicants whose I-485 applications have not yet been filed and have a priority date before April 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 advance two-and-a-half months to November 22, 2022. 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 November 22, 2022, 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 advance six weeks to August 15, 2012. This means that India EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before August 15, 2012, can file their I-485 applications with the USCIS.

OTHER WORKERS

The Other Workers cutoff date for All Chargeability Areas and Mexico will advance one month to October 8, 2020. This means that Other Workers applicants from these areas whose I-485 applications have not yet been filed and have a priority date before October 8, 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 advance six weeks to August 15, 2012. This means that Other Worker applicants from India whose I-485 applications have not yet been filed and have a priority date before August 15, 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

As detailed above, the April 2024 Visa Bulletin brings advancement in several categories. The priority dates reflected in the April 2024 Visa Bulletin indicate the Department of State’s demand forecast for the third and fourth quarters of FY 2024.

The Department of State noted that it predicts “very little to no forward movement in the coming months since the final action dates for many categories will advance in April 2024” and that readers “should never assume that recent trends are guaranteed for the future, or that retrogressions will not be required at some point to maintain number use within the applicable annual limits.”

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Morgan Lewis

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