United States: October 2024 Visa Bulletin – China EB-3 Professionals/Skilled Workers Retrogresses, While Most Other Categories Hold Steady or Advance; USCIS to Honor Dates for Filing for Employment-Based Categories
September 11, 2024
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At a glance
- The Final Action date for the China EB-3 Professionals and Skilled Workers category will retrogress by five months, to April 1, 2020. The Date for Filing for the category will retrogress by almost 8 months, to November 15, 2020.
- The Final Action date for the Worldwide EB-3 Professionals and Skilled Workers category will advance by almost two years, to November 15, 2022. The Date for Filing for the category will advance by one month, to March 1, 2023.
- The China EB-5 Unreserved Final Action date will advance by seven months, to July 15, 2016; however, the Date for Filing for the category will retrogress by three months, to October 1, 2016.
- The India EB-5 Unreserved Final Action date will advance by more than one year, to January 1, 2022. The Date for Filing for the category will remain at April 1, 2022.
- USCIS will honor Dates for Filing for employment-based categories in October.
A closer look
According to the State Department’s October 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: China will advance by one week, to November 8, 2022, and India will remain at February 1, 2022. All other countries will continue to be current.
- EB-2: China will advance by three weeks, to March 22, 2020, and India will remain at July 15, 2012. All other countries will remain at March 15, 2023.
- EB-3 Professionals and Skilled Workers: China will retrogress by five months, to April 1, 2020, which is unusual for the start of a fiscal year, when a new annual allotment of immigrant visas becomes available and annual immigrant visa limits re-set. India will advance by one week, to November 1, 2012, and all other countries will advance by almost two years, to November 15, 2022.
- EB-3 Other Workers: The EB-3 Other Worker subcategory for the Philippines will advance by seven months, to December 1, 2020, and India will advance by one week, to November 1, 2012. Final action dates for all other countries will remain unchanged.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), China will advance by seven months, to July 15, 2016, and India will advance by more than one year, to January 1, 2022. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.
USCIS has announced it will accept applications for adjustment of status based on the Visa Bulletin Dates for Filing chart in October. Some key Dates for Filing in the October bulletin are:
- EB-1: India will advance by more than two months, to April 15, 2022. China will remain at January 1, 2023, and all other countries will continue to be current.
- EB-2: China will advance by four months, to October 1, 2020, and India will advance by almost six months, to January 1, 2013. The remaining countries will advance by more than four months, to August 1, 2023.
- EB-3 Professionals and Skilled Workers: China will retrogress by about eight months, to November 15, 2020. India will advance by over seven months, to June 8, 2013, and all other countries will advance by one month, to March 1, 2023.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), China will retrogress by three months, to October 1, 2016, and India will remain at April 1, 2022. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.
A full list of the October Dates for Filing can be found below.
Expiration of EB-4 Non-Minister Religious Worker Program
The EB-4 Non-Minister Religious Worker program is set to expire on September 30, 2024. If there is no action in Congress to extend it beyond that date, the category will become “unavailable” after midnight on September 29, 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.
Final Action Dates for October 2024
EB-1
China: November 8, 2022
India: February 1, 2022
All other countries: Current
EB-2
China: March 22, 2020
India: July 15, 2012
All other countries: March 15, 2023
EB-3 Professionals and Skilled Workers
China: April 1, 2020
India: November 1, 2012
All other countries: November 15, 2022
EB-3 Other Workers
China: January 1, 2017
India: November 1, 2012
All other countries: December 1, 2020
EB-4*
All countries: January 1, 2021
*The EB-4 Non-Minister Religious Worker program will become unavailable on September 30, 2024, unless it is reauthorized by legislation.
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: July 15, 2016
India: January 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
Dates for Filing for October 2024
EB-1
China: January 1, 2023
India: April 15, 2022
All other countries: Current
EB-2
China: October 1, 2020
India: January 1, 2013
All other countries: August 1, 2023
EB-3 Professionals and Skilled Workers
China: November 15, 2020
India: June 8, 2013
All other countries: March 1, 2023
EB-3 Other Workers
China: January 1, 2018
India: June 8, 2013
All other countries: May 22, 2021
EB-4
All countries: February 1, 2021
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: October 1, 2016
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
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
