The US Citizenship and Immigration Services (USCIS) will use the Dates for Filing for Employment-Based Adjustment of Status Applications chart in October 2024. The new fiscal year beginning October 1, 2024 will bring modest advancement in several visa categories. The Final Action date chart for the China EB-3 category will retrogress.
The US Department of State has released its October 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 OCTOBER 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 October 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 October 2024 must use the Dates for Filing chart below.
DATES FOR FILING CUTOFF DATES
To be eligible to file an EB adjustment application in October 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 be January 1, 2023. This means that China EB-1 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.
The EB-1 cutoff date for India will be April 15, 2022. This means that India EB-1 applicants whose I-485 applications have not yet been filed and have a priority date before April 15, 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 be August 1, 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 August 1, 2023 can file their I-485 applications with the USCIS.
The EB-2 cutoff date for China will be October 1, 2020. This means that China EB-2 applicants whose I-485 applications have not yet been filed and have a priority date before October 1, 2020 can file their I-485 applications with the USCIS.
The EB-2 cutoff date for India will be January 1, 2013. This means that India EB-2 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.
EMPLOYMENT-BASED THIRD PREFERENCE (EB-3)
The EB-3 cutoff date for All Chargeability Areas, Mexico, and the Philippines will be March 1, 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 1, 2023 can file their I-485 applications with the USCIS.
The EB-3 cutoff date for China will be November 15, 2020. This means that China EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before November 15, 2020 can file their I-485 applications with the USCIS.
The EB-3 cutoff date for India will be June 8, 2013. This means that India EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before June 8, 2013 can file their I-485 applications with the USCIS.
OTHER WORKERS
The Other Workers cutoff date for All Chargeability Areas and Mexico will be May 22, 2021. This means that Other Worker applicants from these areas whose I-485 applications have not yet been filed and have a priority date before May 22, 2021 can file their I-485 applications with the USCIS.
The Other Workers cutoff date for China will be January 1, 2018. 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, 2018 can file their I-485 applications with the USCIS.
The Other Workers cutoff date for India will be June 8, 2013. This means that Other Worker applicants from India whose I-485 applications have not yet been filed and have a priority date before June 8, 2013 can file their I-485 applications with the USCIS.
The Other Workers cutoff date for the Philippines will be May 22, 2021. 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 22, 2021 can file their I-485 applications with the USCIS.
SIGNIFICANT DEVELOPMENTS
As FY 2025 begins, the USCIS will use the Dates for Filing Cutoff Date chart. This will result in an expansion of the pool of those eligible for adjustment of status in October 2024. Priority date advancements reflect the Department of State’s intention to keep visa issuance within quarterly limits, with potential date advancements throughout the fiscal year. Actual date movements will be dependent on visa demand and issuance patterns throughout the fiscal year.
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