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United States: April 2024 Visa Bulletin – Most Employment-Based (EB) Categories Will Advance, But State Dept. Projects Little to No Movement in EB Categories in Coming Months

March 8, 2024

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At a glance

  • The EB-1 China Final Action Date will advance by six weeks to September 1, 2022, and the EB-1 India Final Action Date will advance by five months to March 1, 2021.
  • The EB-2 Final Action Date for all countries except India and China will advance by seven weeks, to January 15, 2023. China will advance by one month to February 1, 2020, and India will advance by six weeks to April 15, 2012.
  • The EB-3 Professional/Skilled Worker Final Action Dates for China will remain the same at September 1, 2020. India will move forward by six weeks to August 15, 2012. The rest of the world will advance by two and a half months to November 22, 2022.
  • USCIS will honor Final Action Dates for employment-based categories in April.
  • Looking ahead, the State Department projects little to no priority date movement in employment-based categories for the remainder of FY 2024, which ends on September 30, 2024.

A closer look 

According to the State Department’s April Visa Bulletin, Final Action cutoff dates for issuance of an immigrant visa or approval of an adjustment of status application will be as follows: 

  • EB-1: India will advance by five months to March 1, 2021. China will advance by six weeks to September 1, 2022. All other countries will continue to be current.
  • EB-2: India will advance by six weeks to April 15, 2012, and China will advance by one month to February 1, 2020. The remaining countries will advance by seven weeks, to January 15, 2023.
  • EB-3 Professionals and Skilled Workers: China will remain at September 1, 2020, and India will advance by six weeks to August 15, 2012. The remaining countries will advance by two and a half months, to November 22, 2022.
  • EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), China will remain at December 15, 2015, and India will remain at December 1, 2020. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.

USCIS to Honor Employment-Based Final Action Dates Chart in April

USCIS has announced on its own Visa Bulletin web page that the agency will accept employment-based adjustment of status applications based on the Visa Bulletin Final Action Dates chart in April. To be eligible to file an employment-based adjustment application in April, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

Expiration of EB-4 Non-Minister Religious Worker Program

The EB-4 Non-Minister Religious Worker Program is set to expire on March 22, 2024. If there is no action in Congress to extend it beyond that date, the category will become “unavailable” after midnight on March 21 and no immigrant visas or adjustment of status applications can be approved under the category until a reauthorization is passed. If the program is extended, it will be subject to the same final action dates as listed for the general EB-4 category.

Little to No Employment-Based IV Movement for the Remainder of FY 2024

In the April Visa Bulletin, the State Department says that the agency expects “very little to no forward movement” in employment-based immigrant visa (IV) categories in the coming months, due to the fact that many employment-based Final Action dates will advance in the April 2024 Visa Bulletin. This projection reflects the expectation for the remainder of FY 2024, which ends on September 30, 2024.

The agency also reminds the public in the Visa Bulletin that recent trends in Final Action date movements are not guaranteed to continue; retrogressions are always possible. Final Action dates are determined by several factors and are highly influenced by fluctuations in applicant demand.

Final Action Dates for April 2024

EB-1 
China: September 1, 2022
India: March 1, 2021
All other countries: Current                

EB-2  
China: February 1, 2020
India: April 15, 2012
All other countries: January 15, 2023

EB-3 Professionals and Skilled Workers  
China: September 1, 2020
India: August 15, 2012
All other countries: November 22, 2022

EB-3 Other Workers  
China: January 1, 2017
India: August 15, 2012
Philippines: May 1, 2020
All other countries: October 8, 2020

EB-4
All countries: November 1, 2020*
*The EB-4 Non-Minister Religious Worker program will become unavailable for all countries on March 22, 2024, unless it is reauthorized by legislation.

EB-5 Unreserved (Regional Center and Non-Regional Center)
China: December 15, 2015
India: December 1, 2020
All other countries: Current

EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen. 

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  • United StatesUnited States

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