October 2024 Visa Bulletin Released

The Department of State released the October 2024 Visa Bulletin and USCIS will accept employment-based Adjustment of Status applications based on the more advanced Dates for Filing chart for the beginning of this fiscal year. Most categories will advance modestly or hold steady, with the exception of EB-3 China noting further retrogression, as detailed below:

• EB-1 China Dates for Filing will hold steady at January 1, 2023.
• EB-1 India Dates for Filing will advance by two months to April 15, 2022.
• EB-2 Dates for Filing for all countries aside from India and China will advance by approximately four months to August 1, 2023. EB-2 India will advance by almost six months to January 1, 2013 and China will advance by four months to October 1, 2020.
• EB-3 Professional/Skilled Worker Dates for Filing for all countries aside from India and China will advance by one month to March 1, 2023. India will advance by more than seven months to June 8, 2013. China will retrogress by about eight months to November 15, 2020, which is unusual for the start of the fiscal year given the reallocation of immigrant visa numbers.
• EB-5 Unreserved Dates for Filing will hold steady at April 1, 2022 for India and will retrogress by three months to October 1, 2016 for China.

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 will maintain a filing cutoff date of January 1, 2023.
• EB-1 India will advance slightly with a Dates for Filing cutoff of April 15, 2022.

 EB-2, Second Preference Category

• EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will advance by four months to August 1, 2023.
• China: Dates for Filing will advance by four months to October 1, 2020.
• India: Dates for Filing will advance by approximately six months to 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 advance by one month to March 1, 2023.
• China: Dates for Filing will retrogress to November 15, 2020.
• India: Dates for Filing will advance to June 8, 2013.

Other Workers

• Modest advancement for all countries:
  • Other Workers (including El Salvador, Guatemala and Honduras and Mexico) will advance by four months to May 22, 2021.
  • Philippines will advance by one year to May 22, 2021.
  • China and India will advance by seven months to 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 retrogress by three months to 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?  

The October Visa Bulletin marks the start of a new fiscal year with green card allocation resetting for fiscal year 2025, which commences October 1, 2024 and ends on September 30, 2025. While USCIS is honoring the Dates for Filing chart for October, it is important to note that these applications cannot be approved until a visa number becomes available pursuant to the Final Action Dates chart.

As fluctuations in applicant filings and visa usage across all employment-based categories continues, this may result in USCIS honoring the more modest Final Action Dates chart in the upcoming months. With continued increased demand across all eligible employment-based categories and extensive processing delays associated with the PERM process, Employers may wish to consider commencing the green card process earlier for foreign national employees. Employers are also advised to submit Adjustment of Status applications for eligible applicants in October as it is uncertain how long the Dates for Filing chart may honored this fiscal year.

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