December 2024 Immigration Visa Bulletin: What Employers Need to Know

The Department of State released the December 2024 Visa Bulletin and USCIS will continue to accept employment-based Adjustment of Status applications based on the more advanced Dates for Filing chart. All employment-based categories pursuant to Dates for Filing will continue to hold steady with no advancement observed in December. The Final Action Dates chart also remains largely unchanged with the exception of very modest advancement for EB-2 and EB-3 India. which will move forward by two weeks and one week, respectively.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR DATES FOR FILING

USCIS confirmed that it will honor the Dates for Filing chart for purposes of eligibility to file an Adjustment of Status application. The Dates for Filing are as follows:

EB-1, First Preference Category

• EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) remains current
• EB-1 China: Dates for Filing will maintain a filing cutoff date of January 1, 2023
• EB-1 India: Dates for Filing will maintain a filing cutoff date of April 15, 2022

 EB-2, Second Preference Category

• EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will continue to hold steady at August 1, 2023
• China: Dates for Filing will remain at October 1, 2020
• India:  Dates for Filing will remain at January 1, 2013

EB-3, Third Preference Category (Professional and Skilled Workers)

• EB-3 Worldwide (including El Salvador, Guatemala and Honduras, Mexico and Philippines) will maintain a filing cut-off date of March 1, 2023
• China: Dates for Filing will hold steady at November 15, 2020
• India: Dates for Filing will hold steady at June 8, 2013

Other Workers

• Other Workers (including El Salvador, Guatemala, Honduras, Philippines and Mexico) will remain at May 22, 2021
• China and India will remain at January 1, 2018 and June 8, 2013, respectively

EB-5, Fifth Preference Category (Immigrant Investors)

• For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will hold steady at April 1, 2022 and China will maintain a cut-off date of October 1, 2016. All other countries will remain current
• The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current

Individuals with a priority date that is before the published cut-off date may file an Adjustment of Status application based on the dates outlined above.

WHAT SHOULD EMPLOYERS EXPECT?  

Per the December Visa Bulletin, all employment-based categories pursuant to Dates for Filing will remain the same in December, with very modest movement observed under Final Action Dates for EB-2 and EB-3 India, as specified above. The Visa Bulletins issued by the Dept. of State for November and December have exhibited minimal movement which is likely attributed to high demand, quarterly allocation management by the Dept. of State, and processing backlogs, which may continue in the coming months. With increased timelines generally required to complete the green card process, Employers are advised to consider commencing PERM filings earlier and to proceed with the filing of Adjustment of Status applications as soon as applicants are eligible.

For additional information, please contact your designated Gibney representative or email info@gibney.com.