February 2025 Immigration Visa Bulletin Released: What Employers Need to Know

The Department of State released the February 2025 Visa Bulletin and USCIS has confirmed they will accept the more modest Final Action Dates chart for employment-based Adjustment of Status applications. The Final Action Dates chart notes slight advancement for EB-2 and EB-3 India by two weeks, as well as forward movement for EB-3 China by one month. All other employment-based categories will continue to hold steady for February.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR FINAL ACTION DATES 

USCIS confirmed that it will honor the Final Action Dates chart for purposes of eligibility to file an Adjustment of Status application. The Final Action Dates  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: Final Action Dates will maintain a filing cutoff date of November, 8, 2022.
• EB-1 India: Final Action Dates will maintain a filing cutoff date of February 1, 2022.

 EB-2, Second Preference Category

• EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will continue to hold steady at April 1, 2023.
• China: Final Action Dates will remain at April 22, 2020.
• India:  Final Action dates will advance by two weeks to October 15, 2012.

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 December 1, 2022.
• China: Final Action Dates will advance by one month to July 1, 2020.
• India: Final Action Dates will advance by two weeks to December 15, 2012.

Other Workers

• Other Workers (including El Salvador, Guatemala, Honduras, Philippines and Mexico) will remain at December 8, 2020.
• China will remain at January 1, 2017.
• India will advance by two weeks to December 15, 2012.

EB-5: Fifth Preference Category (Immigrant Investors)

• For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will hold steady at January 1, 2022 and China will maintain a cut-off date of July 15, 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?  

As noted in the February Visa Bulletin, modest advancement is observed under Final Action Dates for EB-2 and EB-3 India and EB-3 China by approximately two weeks to one month, depending on the employment-based category and country.

As the Final Action Dates chart is being utilized instead of the Dates for Filing chart, particularly five months into the fiscal year, this suggests higher than anticipated demand or a cautious approach to visa allocation by the Dept. of State. Employers should expect slower processing and delays, possible work authorization challenges, as well as probable impacts to retention and strategic workforce planning, as further detailed below:

• Slower Processing and Delays: Higher demand can lead to processing backlogs and delays for employees waiting for their green card approvals.
• Work Authorization Challenges: Employees maxing out their nonimmigrant status may face uncertainty and work authorization issues if unable to submit Adjustment of Status applications due to the more modest Final Action Dates This could impact work continuity for employees on temporary work visas hoping to secure an Adjustment of Status-based Employment Authorization Document.
• Impact on Retention: Employers may need to reconsider retention strategies as employees affected by delays might seek alternative options, such as changing employers or remaining on nonimmigrant visas longer than planned.
• Strategic Workforce Planning: Employers should anticipate the possibility of needing to extend nonimmigrant work visas for employees who were expecting to submit Adjustment of Status applications sooner.

To mitigate these challenges, employers should proactively communicate with affected employees, ensure ongoing compliance with immigration requirements, and explore potential extensions or adjustments in work assignments to accommodate delays. Employers should also work closely with immigration counsel to assess potential alternatives and stay updated on monthly Visa Bulletin changes.

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