United States: February 2024 Visa Bulletin – Modest Advancement in Worldwide EB-2 and EB-3, EB-3 India, and EB-5 China; USCIS to Honor Dates for Filing for Employment-Based Categories
January 12, 2024
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At a glance
- In February, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s February 2024 Visa Bulletin.
- The Dates for Filing remain unchanged from the prior month.
- The EB-2 Final Action Date for all countries except India and China will advance by two weeks, to November 15, 2022.
- The EB-3 Professional/Skilled Worker Final Action Date for India will advance by one month, to July 1, 2012. Final Action Dates for the remaining countries (except China) in the category will advance by one month, to September 1, 2022.
- The EB-5 China Unreserved Final Action Date will advance by one week, to December 15, 2015.
A closer look
According to the State Department’s February 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 remain at September 1, 2020. China will remain at July 1, 2022. All other countries will continue to be current.
- EB-2: India will remain at March 1, 2012, and China will remain at January 1, 2020. The remaining countries will advance by two weeks, to November 15, 2022.
- EB-3 Professionals and Skilled Workers: China will remain at September 1, 2020, and India will advance by one month, to July 1, 2012. The remaining countries will advance by one month, to September 1, 2022.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will remain at December 1, 2020, and China will advance by one week, to December 15, 2015. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.
The February Dates for Filing chart contains no changes from the prior month.
USCIS to Honor Employment-Based Dates for Filing Chart in February
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 Dates for Filing chart in February. To be eligible to file an employment-based adjustment application in February, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country. As noted above, the Dates for Filing are unchanged from the prior month’s chart.
Expiration of EB-4 Non-Minister Religious Worker Program
The EB-4 Non-Minister Religious Worker Program is set to expire on February 2, 2024. If there is no action in Congress to extend it beyond that date, the category will become “unavailable” as of February 2, and no immigrant visas or adjustment of status applications can be approved under the category until a reauthorization is passed.
Dates for Filing for February 2024
EB-1
China: January 1, 2023
India: January 1, 2021
All other countries: Current
EB-2
China: June 1, 2020
India: May 15, 2012
All other countries: February 15, 2023
EB-3 Professionals and Skilled Workers
China: July 1, 2021
India: August 1, 2012
Philippines: January 1, 2023
All other countries: February 1, 2023
EB-3 Other Workers
China: June 1, 2017
India: August 1, 2012
Philippines: May 15, 2020
All other countries: December 15, 2020
EB-4
All countries: September 1, 2019
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: January 1, 2017
India: April 1, 2022
All other countries: Current
EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries
Final Action Dates for February 2024
EB-1
China: July 1, 2022
India: September 1, 2020
All other countries: Current
EB-2
China: January 1, 2020
India: March 1, 2012
All other countries: November 15, 2022
EB-3 Professionals and Skilled Workers
China: September 1, 2020
India: July 1, 2012
All other countries: September 1, 2022
EB-3 Other Workers
China: January 1, 2017
India: July 1, 2012
Philippines: May 1, 2020
All other countries: September 1, 2020
EB-4
All countries: May 15, 2019*
*The EB-4 Non-Minister Religious Worker program will become unavailable for all countries on February 2, 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.
