August 2024 Visa Bulletin Shows Minor Forward Movement in EB-2 and EB-3 India Final Action Dates

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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The U.S. Department of State’s August 2024 Visa Bulletin shows advancement of one month under the EB-2 and EB-3 final action dates for India, but other employment-based categories will stay the same for the remaining countries of chargeability.

U.S. Citizenship and Immigration Services (USCIS) has confirmed it will only be accepting final action dates for employment-based adjustment of status applications, but it will continue to accept dates for filing for family-based applications. In addition, the State Department predicts that the EB-3 final action category will either retrogress or become unavailable in September.

Quick Hits

  • The EB-2 and EB-3 final action dates for India will move forward one month.
  • Employment-based categories for all other countries of chargeability will remain the same.
  • USCIS has confirmed that final action dates must be used for employment-based filings.
  • The State Department forecasts that high demand will necessitate retrogression or unavailability in the EB-3 category in September.

The EB-2 final action date for India will advance one month to July 15, 2012, and EB-3 India will advance one month to October 22, 2012. The final action dates for China, Mexico, the Philippines and “All Chargeability Areas” will stay the same under all remaining employment-based final action preference classes with no forward movement.

The August 2024 Visa Bulletin’s final action dates chart for employment-based categories is shown below.

August 2024 Visa Bulletin Final Action Dates Chart

Source: U.S. Department of State, August 2024 Visa Bulletin

USCIS has confirmed it will accept employment-based adjustment of status applications based on the final action dates chart for the August 2024 Visa Bulletin. Family-based applications may continue to use the dates for filing chart.

The State Department had originally predicted in its July 2024 Visa Bulletin that further retrogression or unavailability would be likely under the EB-3 final action category, but that did not materialize in the August 2024 bulletin. Nevertheless, the State Department predicts that due to continued high demand in the EB-3 category, “it will likely be necessary [for the State Department] to either retrogress the final action date or make the category ‘Unavailable’ in September.”

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.

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