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October 2024 Visa Bulletin Updates: Advancements in Priority Dates and USCIS to Use Date for Filing Chart for Employment-Based Applications

By Linnea C. Porter on September 18, 2024
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The U.S. Department of State (DOS) has published the first visa bulletin of the government’s new fiscal year (FY2025). The monthly bulletin published by the DOS summarizes the availability of immigrant numbers. USCIS has also announced that it will utilize the “Dates for Filing” chart published by DOS for both family-sponsored and employment-based preference categories for the month of October.

The October 2024 visa bulletin reflects advancement in several employment-based categories in both the Final Action Dates and Dates for Filing charts. Please see the October 2024 Dates for Filing of Employment-Based Visa Applications chart below:

October 2024 Dates for Filing of Employment-Based Visa Applications chart

In summary, the October Visa Bulletin reflects the following key movements that account for advancements in the visa bulletin from September, which also includes the shift from the Final Action Dates to the Dates for Filing chart:

  • EB-1
    • EB-1 China: advances two months to Jan. 1, 2023
    • EB-1 India: advances six weeks to April 15, 2022
    • EB-1 All Chargeability: remains current
  • EB-2
    • EB-2 China: advances seven months to Oct. 1, 2020
    • EB-2 India: advances five and a half months to Jan. 1, 2013
    • EB-2 All Chargeability: advances four and a half months to Aug. 1, 2023
  • EB-3
    • EB-3 China: advances two and a half months to Nov. 15, 2020
      • The Final Action Dates chart for October 2024 has retrogressed by five months from Sept. 1, 2020, to April 1, 2020, compared to the September 2024 Final Action Dates chart.
    • EB-3 India: advances six and a half months to June 8, 2013
    • EB-3 All Chargeability: advances two years and three months to March 1, 2023

Also of note, pursuant to H.R. 2882, signed March 23, 2024, no Employment Fourth Certain Religious Workers (SR) category visas may be issued overseas, or final action taken on adjustment of status cases after midnight Sept. 29, 2024. The SR category is listed as “Unavailable” for all countries in October. As stated by the DOS in the October bulletin, “In the event there is legislative action extending the category, it is likely it will become available effective immediately. If extended, the category will be subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.”

As we progress into the new fiscal year, throughout August and into September, DOS made announcements that the annual visa limits for FY 2024 have been reached for the EB-1, EB-2, EB-3, EW, EB-4 and EB-5 unreserved categories.

Overall, the October 2024 visa bulletin shows some positive movement forward for key categories such as the EB-2 categories, EB-3 All Chargeability and EB-3 India, thanks in part to the shift from the Final Actions Date chart to the Dates for Filing chart. The key notable retrogression is for the Final Action Date for EB-3 China; a disappointment given the new allotment of visa numbers as we progress into the government’s FY2025.

Photo of Linnea C. Porter Linnea C. Porter

Linnea C. Porter focuses her practice on business immigration matters, including representing domestic and multinational employers before the U.S. Citizenship and Immigration Services, the U.S. Department of Labor and the U.S. Department of State. Linnea represents and advises employers in virtually all areas…

Linnea C. Porter focuses her practice on business immigration matters, including representing domestic and multinational employers before the U.S. Citizenship and Immigration Services, the U.S. Department of Labor and the U.S. Department of State. Linnea represents and advises employers in virtually all areas of business immigration, including nonimmigrant visa categories (B, E, F, H, J, L, O, TN), permanent residence (PERM, Extraordinary Ability/Outstanding Researchers, Multinational Managers and National Interest Waivers), naturalization, and DACA. She has experience counseling a variety of companies from start-ups to multinational organizations in a wide range of industries, including fashion, financial services, IT, pharmaceutical, oil and gas, and alternative energy, on U.S. business immigration, compliance and enforcement actions, and global immigration.

Linnea also assists multinational employers with global mobility matters. Further, Linnea advises employers with I-9 compliance by providing on onsite training, internal audits and reviews, as well as deploying best practices to minimize exposure and liabilities in the event of government investigations.

Read more about Linnea C. PorterEmailLinnea C.'s Linkedin Profile
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  • Posted in:
    Immigration
  • Blog:
    Inside Business Immigration
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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