Limited Movement for EB Categories

The November 2024 Visa Bulletin is out from the U.S. Department of State. This shows the green card priority dates for employment-based and family-based categories.

This is important for green card applicants as it shows the updated priority dates that will impact how soon you can move forward in the process.

Here’s what’s new, what’s not and how it impacts I-485 (Adjustment of Status applications filed with USCIS) and DS-260 (Immigrant Visa applications filed at National Visa Center for consular processing).

November 2024 Visa Bulletin Updates

Employment-Based Categories

  • No Movement for Most EB Categories.
  • The only exception is the fourth preference category for Certain Religious Workers. Federal legislation extended the fourth preference category for Certain Religious Workers until December 20, 2024 so eligible applicants in this category can file AOS applications under the new filing chart.
  • Minimal Movement for December 2024. The same cut-off dates for both the Dates for Filing and Final Action charts means the Department of State is likely going with a quarterly adjustment rather than monthly as previously announced. Since it’s a quarterly adjustment, priority dates for December 2024 won’t move. Applicants won’t likely see any movement until January 2025 Visa Bulletin.
  • Higher EB Visa Numbers. USCIS confirmed that the EB visa numbers for FY 2025 will be higher than pre-pandemic but lower than FY 2021 through FY 2024. This may help reduce some backlog but won’t result in immediate movement in Final Action or Filing Dates.

Family-Based Categories

  • Big movement in F-2B for Mexico (11 months) and F-4 for India (11 months and 1 week)

What is the Visa Bulletin?

In the green card application line, the Visa Bulletin shows priority final action dates which are placeholders. Each month the U.S. Department of State calculates how many applications are in each category and determines visa availability. The applicant’s priority date must be earlier than the cut-off dates listed in the Visa Bulletin to determine visa eligibility and whether an individual can file their application or must wait for their case to be processed.

There are Two Main Sections:

  • Family-Based: Wait times and filing dates for family-sponsored green cards.
  • Employment-Based: Priority dates for employment-sponsored green cards.

Current Bulletin: November 2024

  • November 2024 Bulletin
    The latest visa bulletin is out for November 2024.
  • Upcoming Bulletin
    December 2024 will be out soon.

Note: Dates in the bulletin are in DAY-MONTH-YEAR (dd-mmm-yy) format.

Key Terms in the Bulletin

Final Action Dates (Chart A)

  • Definition: This date is when a green card can be issued. Applications with priority dates on or before this cut-off date may be approved soon.
  • Meaning: This is the last step in the green card process. If your priority date is on or before the Final Action Date, USCIS or the Department of State can make a final decision on your case.
  • Example: If the Final Action Date for your category is 1-Oct-2018 and your priority date is 30-Sep-2018 you’re “current” and can get a decision soon.

Filing Dates (Chart B)

  • Meaning: These dates are when you can file for the next step in the green card process (Filing I-485 if eligible and in the U.S., or file DS_260 at the National Visa Center)
  • Meaning: If your priority date is on or before the Date for Filing you can submit additional documents required for the application.
  • Example: If your Date for Filing is 1-Jan-2020 and your priority date is before this date you can submit documents to move forward.

The gap between these dates is the expected USCIS processing time and visa availability.

Two Options When Your Priority Date is Current (Chart B)

If your priority date is current, there are two choices:

  • Adjustment of Status/I-485 (if in the U.S.): Complete your green card process without leaving the country.
  • Immigrant Visa Application/DS-260 (if outside the U.S.): Proceed with consular processing to get your visa abroad.

What’s the Difference Between Chart A and Chart B?

Chart B:  Filing Dates

  • These dates are when applicants can submit more documentation (I-485 if in the U.S., or DS-260 if abroad)
  • If your priority date (the date you filed your application) is on or before the cut-off date, you can move forward.

Adjustment of Status Applications

  • USCIS will accept I-485 Adjustment of Status applications in November 2024 using the Filing Dates chart. Those with priority dates before the dates listed can file.

DS-260 Immigrant Visa Applications

  • National Visa Center (Department of Status) will notify you when to file the DS-260 Immigrant Vias Application.  The notification will follow the Visa Bulletin Chart B (Filing Dates chart).  Those with priority dates before the dates listed will be notified to file.

Chart A:  Final Action Dates

  • These are the expected dates when USCIS or the Embassy will make a final decision on your application.

The gap between Filing Dates and Final Action Dates is the processing time.

Most Common Questions

What is my priority date?

This is the date you submitted your green card application, usually without any changes. If you’re not sure of your priority date, check your immigration papers or consult with an immigration attorney.

What if my country has a backlog?

Because of high demand for immigration services, some countries have longer processing times. This can cause the cut-off dates to move or even go backward compared to the final action dates chart.

How long will I wait?

The Visa Bulletin can’t give you an exact wait time. It varies by category, visa type and country backlog. For example, the process might be faster in some countries than others, or revised process might be needed in some cases by embassies abroad.

Understanding Visa Allocation for Immediate Relatives and Employment-Based Green Cards: The Quota System

There are numerical limits to each category of family based green cards (except immediate relative relatives) and employment based green cards. Additionally, no one country can obtain more than 7% o that allotted number per year,

The allocation of visas, especially for family-sponsored and employment-based green cards, follows a complex quota system established by Congress. This system caps the number of green cards that can be issued annually in different categories, with certain exemptions, such as for immediate relatives. Understanding this system helps applicants navigate the visa process and anticipate potential wait times.

Immediate Relatives of U.S. Citizens: Unlimited Visa Allocation

For immediate relatives of U.S. citizens, there is no numerical limit on visas. Immediate relatives include:

  1. Spouses of U.S. citizens.
  2. Unmarried children under 21 of U.S. citizens.
  3. Parents of U.S. citizens (if the petitioning citizen is 21 or older).

Since there is no annual cap, applicants in this category do not face backlogs due to visa numbers. However, they must still meet eligibility requirements, go through processing at U.S. Citizenship and Immigration Services (USCIS) and the Department of State, and adhere to general application timelines.

Family-Based Green Cards: The Annual Quota System

Family-sponsored visas for other relatives (not immediate relatives) are subject to annual numerical limits based on the worldwide family preference level as determined by the Immigration and Nationality Act (INA):

  • The total annual cap for family-based immigrant visas is set at 226,000.
  • These visas are divided into preference categories, each with a specific allocation:
  • F1 (Family First Preference): Unmarried adult children of U.S. citizens – 23,400 visas per year.
  • F2 (Family Second Preference): Spouses and unmarried children of lawful permanent residents – 114,200 visas, with F2A reserved for spouses and minor children and F2B for unmarried adult children.
  • F3 (Family Third Preference): Married children of U.S. citizens – 23,400 visas per year.
  • F4 (Family Fourth Preference): Siblings of U.S. citizens – 65,000 visas per year.

Any unused visas in one category can sometimes flow into others; however, these family-based categories are typically oversubscribed, leading to lengthy wait times, particularly for applicants from countries with high demand, such as Mexico and the Philippines.

Employment-Based Green Cards: The Annual Cap and Country Limits

Employment-based green cards are subject to an annual cap of 140,000 visas. This category includes five primary preferences, each with an allocated percentage of the total:

  1. EB-1 (Priority Workers): 28.6% (approximately 40,040 visas) for individuals with extraordinary ability, outstanding professors and researchers, and certain multinational executives.
  2. EB-2 (Professionals with Advanced Degrees or Exceptional Ability): 28.6% (approximately 40,040 visas), including a set-aside for individuals from underrepresented countries.
  3. EB-3 (Skilled Workers, Professionals, and Other Workers): 28.6% (approximately 40,040 visas), with a limit of 10,000 for “other workers” (those in positions requiring less than two years of experience).
  4. EB-4 (Certain Special Immigrants): 7.1% (about 9,940 visas) for specific groups such as religious workers, international organization employees, and certain dependents of U.S. Armed Forces personnel.
  5. EB-5 (Immigrant Investors): 7.1% (about 9,940 visas) for investors who create jobs in the U.S., with regional center projects receiving a significant portion.

The fourth and fifth preferences, EB-4 and EB-5, have specific numerical allocations and limitations, with 9,940 visas each. Unutilized numbers from these preferences can affect the availability of visas in higher preferences, impacting the overall distribution based on demand.

Country Limitations

Each country is limited to 7% of the total annual visas in any category, a rule that affects high-demand countries such as India and China, especially in the EB-2 and EB-3 categories. When applicants from these countries exceed their allocation, they face significant backlogs.

Key Issues with the Quota System

  1. Retrogression: High-demand countries experience “retrogression,” where the priority dates for visa eligibility move backward. This affects applicants’ timelines as the availability of visas fluctuates monthly based on demand and annual visa limits.
  2. Unused Visas: While unused family-based visas sometimes flow into employment-based categories (and vice versa), caps often result in unused visas that could otherwise reduce backlogs. Some policy proposals advocate for better reallocation of unused visas to help alleviate these delays.
  3. Per-Country Cap Impact: The 7% per-country cap, while ensuring diversity, contributes to long waits for applicants from countries with large numbers of high-skilled immigrants, leading to calls for reforms to this system. This is the reason for longer wait times for applicants from high demand countries like India, China, Mexico and Philippines.
  4. Backlogs by Country: As of June 2023 over 1.2 million employment-based immigrants are waiting for green cards with majority from India and China.
  5. Aging Out Risks: Many applicants on temporary visas in the U.S. face risks if their children “age out” at 21 and become ineligible to adjust status under their parent’s application.

For a deeper explanation,read this.

November 2024 Visa Bulleting Chart B: See the Movement

These tables help visualize the cut-off dates and movements in each category for easier reference.

Family-Based Green Card Backlogs (November 2024)

Chart B (File I-485/USCIS or DS-260NVC)

Category Country New Cut-Off Date Old Cut-Off Date Movement
F-1: Unmarried Children (21+ years) of U.S. Citizens All Other Areas 1-Sep-17 1-Sep-17 No Change
China 1-Sep-17 1-Sep-17 No Change
India 1-Sep-17 1-Sep-17 No Change
Mexico 1-Oct-05 1-Apr-05 +6 months
Philippines 22-Apr-15 22-Apr-15 No Change
F-2A: Spouses & Unmarried Children (<21 years) of U.S. Green Card Holders All Other Areas 15-Jul-24 15-Jul-24 No Change
China 15-Jul-24 15-Jul-24 No Change
India 15-Jul-24 15-Jul-24 No Change
Mexico 15-Jul-24 15-Jul-24 No Change
Philippines 15-Jul-24 15-Jul-24 No Change
F-2B: Unmarried Children (21+ years) of U.S. Green Card Holders All Other Areas 1-Jan-17 1-Jan-17 No Change
China 1-Jan-17 1-Jan-17 No Change
India 1-Jan-17 1-Jan-17 No Change
Mexico 1-Jul-06 1-Aug-05 +11 months
Philippines 1-Oct-13 1-Oct-13 No Change
F-3: Married Children of U.S. Citizens All Other Areas 22-Apr-12 1-Jul-11 +6 months
China 22-Apr-12 1-Jul-11 +6 months
India 22-Apr-12 11-Jul-11 +6 months
Mexico 15-Jun-01 15-Jun-01 No Change
Philippines 8-May-04 8-May-04 No Change
F-4: Siblings of U.S. Citizens All Other Areas 1-Mar-08 1-Mar-08 No Change
China 1-Mar-08 1-Mar-08 No Change
India 1-Aug-06 15-Jun-06 +1 month, 2 weeks
Mexico 30-Apr-01 30-Apr-01 No Change
Philippines 22-Jul-07 1-Aug-06 +11 months, 1 week

Employment-Based Green Card Backlogs (November 2024)

Chart B (File I-485/USCIS or DS-260NVC)

The employment-based green card backlogs are a significant concern for many applicants. The availability of more immigrant visas can influence whether applicants can use the Dates for Filing chart. If there are more immigrant visas available than known applicants, USCIS will allow the use of this chart for filing adjustment of status applications, which can affect processing times and applicant eligibility.

Category Country New Cut-Off Date Old Cut-Off Date Movement
EB-1: Extraordinary People, Outstanding Researchers & Professors, Executives & Managers All Other Areas Current Current No Change
China 1-Jan-23 1-Jan-23 No Change
India 15-Apr-22 15-Apr-22 No Change
Mexico Current Current No Change
Philippines Current Current No Change
EB-2: Exceptional People & Advanced Degree Holders All Other Areas 1-Aug-23 1-Aug-23 No Change
China 1-Oct-20 1-Oct-20 No Change
India 1-Jan-13 1-Jan-13 No Change
Mexico 1-Aug-23 1-Aug-23 No Change
Philippines 1-Aug-23 1-Aug-23 No Change
EB-3: Skilled Workers, Professionals, and Other Workers All Other Areas 1-Mar-23 1-Mar-23 No Change
China 15-Nov-20 15-Nov-20 No Change
India 8-Jun-13 8-Jun-13 No Change
Mexico 1-Mar-23 1-Mar-23 No Change
Philippines 1-Mar-23 1-Mar-23 No Change
EB-4: Special Immigrants All Other Areas 1-Feb-21 1-Feb-21 No Change
China 1-Feb-21 1-Feb-21 No Change
India 1-Feb-21 1-Feb-21 No Change
Mexico 1-Feb-21 1-Feb-21 No Change
Philippines 1-Feb-21 1-Feb-21 No Change
EB-5: Investors All Other Areas No wait No wait No Change
China 1-Oct-16 1-Oct-16 No Change
India 1-Apr-22 1-Apr-22 No Change
Mexico No wait No wait No Change
Philippines No wait No wait No Change

Tracking Your Application

  • Monthly Updates: Subscribe to get notified of changes each month.
  • Watch Trends: If your category moves often, monthly tracking will give you a better idea of your timeline.

What is Priority Date Retrogression?

Priority date retrogression is when the cut-off date moves backward. In other words, the dates that were previously current for processing are now delayed due to high demand and limited visa numbers. Retrogression can happen in any visa category (family-based or employment-based) and is influenced by the annual visa cap and country-based limits. Retrogression affects people waiting for immigrant visas (green cards) by delaying their ability to get a visa even if they were closer to processing in previous months.

Why Does Retrogression Happen?

Retrogression is mainly due to the supply and demand of visas:

  1. Demand Surge: High demand for visas in a specific category or country (India and China for example) can outpace the supply, causing cut-off dates to move backward.
  2. Annual Limits: Each year the U.S. caps the number of visas per category and per country. When those limits are met or exceeded, retrogression will occur to maintain those legal limits.
  3. Country Limits: No country can get more than 7% of the total visas in a specific category. This can create backlogs for applicants from high immigration countries.

Track Monthly Visa Bulletin Changes

The Department of State (DOS) does not send email updates for the Visa Bulletin, but the Visa Bulletin is available online. The monthly Visa Bulletin lists cut-off dates for visa availability, which determines which applicants can file for adjustment of status or permanent resident status. Enter your email address below to get monthly updates. This will help you track priority final action dates and any big movements in your category.

For more information on the Visa Bulletin and how it affects your green card application check out:

Take Away and Considerations

The Visa Bulletin is important for anyone in the U.S. immigration process. Here’s what to take away:

  • Track Priority Dates: Monitor the Visa Bulletin regularly to stay up to date on your application. Especially if you’re from a high demand country where cut-off dates move often.
  • Consult with Immigration Experts: With the complexity of the immigration process, consulting with immigration experts or attorneys can be very helpful. They can help you understand the Visa Bulletin, changes and develop a strategy for your specific case and employment based preference categories.
  • Retrogression: Retrogression is when cut-off dates move backwards, meaning longer wait times. This can happen in certain categories due to high demand. Knowing this can help you manage your expectations and plan.
  • Plan Ahead: If you’re in the process of applying for a green card, planning ahead is key. This means gathering your documents, tracking priority final action dates and preparing for changes in wait times.

By following the Visa Bulletin each month you can make informed decisions and be prepared for each step of your immigration journey.

Background Information on the Visa Bulletin

Recent Changes: USCIS and Department of State Collaboration

USCIS and the Department of State have changed how they determine visa availability to make the process more efficient. This is good for applicants as it’s consistent whether you’re applying in the U.S. or at a U.S. embassy or consulate abroad.

What This Means for Applicants:

  • Easier Process: These new procedures will prevent applicants from being delayed due to different processing practices between USCIS and consulates.
  • More Accurate: By aligning the methods the wait times may be more accurate for applicants in high demand categories.

For more information see the USCIS Revised Procedures Announcement.

Past Visa Bulletins and Historical Data

The Visa Bulletin archives go back to Fiscal Year 2002 through 2025 so you can see the changes over time.

How to Use Historical Data:

  • Track Trends: Seeing priority date movement over the years will help you forecast changes and plan ahead.
  • Compare Dates: Looking at specific months across multiple years will show you typical movement in your category.
  • Find Patterns: Some categories show consistent movement or stagnation which will give you insight into future processing times.

Example Fiscal Year Archive:

  • 2025 to 2022: Recent years.
  • 2019 to 2015: Mid-range years will show demand shifts.
  • Pre-2010: Older years will help you understand long-term patterns especially for applicants from high demand countries.

Full Final Action Date Lists

These are annual lists of the Final Action Dates for each country and category. Useful for applicants from oversubscribed countries like India, China, Mexico and the Philippines.

Family-Based Preferences by Region

  • Worldwide: For low demand countries not listed individually.
  • China (mainland-born): Trends for Chinese nationals in family categories.
  • India: Big backlogs due to high demand; you need to understand this.
  • Mexico and the Philippines: Have unique wait times in family categories.

Employment-Based Preferences by Region

  • Worldwide: Non-listed countries generally don’t move much due to low demand.
  • China (mainland-born): Shows the demand for employment-based categories.
  • India: High demand; usually the longest wait times.
  • Mexico and Philippines: Unique priority dates due to employment demand.

Note on Afghan and Iraqi Special Immigrants (SI): These applicants have special final action dates in select years. If there is no date for a year it means the category was “Current” which means no wait time.

The Numerical Control Process: How Visa Limits Affect Cut-Off Dates

To ensure even distribution of visas each category and country has numerical limits. The Numerical Control Process affects cut-off dates as it’s based on the number of visas available versus demand in each category.

How it works:

  • Visa Allocation: Each year a certain number of visas is allocated to each category and country.
  • Cut-Off Dates: When demand exceeds supply a cut-off date is set and who can move forward.
  • Retrogression: In some cases dates move backward, known as “retrogression” which can delay applicants even if they were current.

For more information the Operation of the Numerical Control Process document explains how visas are allocated and cut-off dates are set.

Tracking Your Application: Monthly Monitoring and Resources

Monthly Visa Bulletins are key to staying informed. Monitoring the bulletin regularly will help you:

  • Stay Informed: Know when your category is moving so you can plan.
  • Find Trends: Look for patterns in cut-off dates for your category to prepare.
  • Check for Retrogression: Retrogression can happen unexpectedly in high demand categories so monitoring monthly can help you avoid surprises.

More Resources and Tools

USCIS and the Department of State offer more resources to help applicants understand their green card process:

Stay up to date on Visa Bulletin releases and track your priority dates and the immigration process will be more predictable and less painful.

Adjustment of Status Filing Charts Explained: November 2024

The Adjustment of Status (AOS) Filing Chartsare key to U.S. based green card applicants to know when to file. These charts—updated monthly by USCIS and the Department of State (DOS)—tell you which chart to use, Dates for Filing or Final Action Dates.

Here we explain these charts in simple terms, how they affect AOS applications and what you need to know for November 2024.

What are USCIS Adjustment of Status Filing Charts?

USCIS releases two charts each month for adjustment of status applicants:

  1. Dates for Filing
  • This chart tells you when you can submit your AOS application. When using this chart USCIS is allowing you to file earlier than the actual visa availability.
  1. Final Action Dates
  • This chart shows when USCIS or the Department of State can approve an application. When USCIS uses the Final Action Dates chart you can only file if your priority date is before the date listed.

Note: If a category is current in the Final Action Dates chart or if the cut-off date is after the date in the Dates for Filing chart you can use the Final Action Dates chart for that month.

How USCIS Chooses the Filing Chart Each Month

USCIS decides which chart to use based on the number of visas available and the demand. If there are more visas than applicants they use the Dates for Filing chart. If there are more applicants than visas they use the Final Action Dates chart to manage demand.

  • Monthly: USCIS will designate a chart each month.
  • Announcement: The chart is usually announced within a week of the Visa Bulletin.

November 2024 Adjustment of Status Filing Chart

For November 2024 USCIS has decided to use the Dates for Filing chart for both family-sponsored and employment-based categories:

For Family-Sponsored

  • Dates for Filing chart applies to all family-based categories, you can file AOS now.

For Employment-Based

  • Dates for Filing chart applies to all employment-based categories for November 2024.

Previous Months and Historical AOS Filing Charts

If you want to track historical trends previous AOS Filing Charts are available online from 2015 to present. These archives will help you see the date movement and changes over the years which can be helpful for planning and future filing.

  • 2023: January to December
  • 2022 – 2016: Full year
  • 2015: October, November, December

Adjustment of Status Applicants

  • Monthly Check: Check the USCIS and DOS announcements every month to see which chart is being used.
  • Eligibility: Always check your category and priority date against the chart to confirm.
  • Advance Filing: When using the Dates for Filing chart you get a head start on the paperwork even if final action may take more time.

Predictions: Visa Bulletin for December 2024: Employment and Family-Based Green Card Updates

The December 2024 Visa Bulletin will tell you how soon you can expect to move in the employment-based and family-based green card categories. This will give you a summary of the movement, key factors affecting green card availability and how to stay up-to-date with the Visa Bulletin. While we can’t predict the future visa bulletin with 100% accuracy, here is our best estimatation.

Visa Bulletin Predictions

Visa Bulletin predictions are based on past date movement and current demand so applicants can see when they can file or get green card approval.

  • Monthly: The Visa Bulletin is released every month and shows movement in both family-based and employment-based categories.
  • Cutoff Dates: These dates are based on demand and the annual visa caps set by the State Department.

Prediction for Family-Based Visa Bulletin for December 2024

The following are the predicted advances for the Final Action Dates in family-based categories:

  • F-1 (Unmarried Adult Sons & Daughters of U.S. Citizens):
  • Mexico: 2-3 months
  • Philippines: 4-6 weeks
  • All Other Countries: 1-2 weeks
  • F-2A (Spouses & Minor, Unmarried Children of LPRs):
  • Mexico and All Other Countries: 6-8 weeks
  • F-2B (Unmarried Adult Sons & Daughters of LPRs)
  • Mexico: 1-2 months
  • Philippines: 2-4 weeks
  • All Other Countries: 1-2 weeks
  • F-3 (Married Adult Sons & Daughters of U.S. Citizens):
  • Mexico: 6-8 weeks
  • Philippines: Minimal to none
  • All Other Countries: 2-4 weeks
  • F-4 (Brothers & Sisters of U.S. Citizens):
  • Mexico and India: 1-2 weeks
  • Philippines: 3-4 weeks
  • All Other Countries: Little to none

Family Preference Numbers:

  • F-1: 23,400 + 4th preference numbers
  • F-2: 114,200 with 60% for spouses and children and 40% for unmarried adult children of LPRs
  • F-3: 23,400 + F-1 and F-2 numbers
  • F-4: 65,000 + any numbers not used by other preferences

Prediction for Employment-Based Visa Bulletin for December 2024

Due to high demand in the employment-based categories there is always a risk that some categories may retrogress.

EB-1 (Priority Workers)

  • India: 4-6 weeks
  • China: None
  • All Other Countries: Current

EB-2 (Advanced Degrees/Exceptional Ability)

  • India and China: None
  • All Other Countries: Minimal to none

EB-3 (Professionals & Skilled Workers)

  • India and China: None
  • All Other Countries: Minimal to none

Employment Preference Numbers:

  • EB-1: 28.6% of the worldwide employment-based visa limit + EB-4 and EB-5 numbers
  • EB-2: 28.6% of worldwide limit + EB-1 numbers
  • EB-3: 28.6% of worldwide limit with a portion for unskilled workers
  • EB-4: 7.1% of worldwide limit for special immigrants
  • EB-5: 7.1% of worldwide limit with set-asides for rural, high unemployment and infrastructure investments

Impact of High Demand and Retrogression

The U.S. Department of State has previously noted that demand in EB-2 and EB-3 may require retrogression especially for India, China, Mexico and Philippines. This is to keep visa usage within annual limits and adjust the flow of applications accordingly.

Per-Country Cap: No country can get more than 7% of the total family-based or employment-based visas in a year. This is the reason for longer wait times for applicants from high demand countries like India, China, Mexico and Philippines.

Sample Data for Employment-Based Backlogs (June 2023)

Category India China Mexico Philippines Rest of World
EB-1 10,049 5,762 0 0 0
EB-2 426,465 40,039 889 307 25,292
EB-3 133,409 21,695 886 8,331 12,602
Other Workers 252 1,327 5,383 2,772 16,409

Total Applicants Waiting: Over 1.2 million across categories, with India representing a significant portion of the backlog.

Dates for Filing Chart in Effect

  • For December 2024, USCIS will use the Dates for Filing chart for EB AOS applications. This means applicants with priority dates earlier than the cut-off dates can file I-485.

No Priority Dates Movement

  • The same cut-off dates on both the Dates for Filing and Final Action charts indicates that Department of State is following a quarterly adjustment and not monthly as previously announced.
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Visa Bulletin FAQs

1. What is the Visa Bulletin and why is it important?

  • The Visa Bulletin is a monthly publication by the U.S. Department of State that outlines priority dates for various immigration categories, both family-based and employment-based. It shows which applicants can file for green cards based on their priority dates and when they can move forward in the green card process.

2. What are the “Final Action Dates” and “Dates for Filing” charts?

  • Final Action Dates are the dates when an applicant’s green card can be approved and issued.
  • Dates for Filing are the dates when applicants can submit documentation for their adjustment of status or immigrant visa applications. USCIS decides each month which chart to use for adjustment of status filings.

3. Where can I find my priority date and how do I find it in the Visa Bulletin?

  • Your priority date is the date when your immigration petition (Form I-130 for family-based or Form I-140 for employment-based) was filed with USCIS or Department of State. Look at the category and country of chargeability that matches your situation in the Visa Bulletin.

4. What does it mean if my category is “current” (C)?

  • A “current” means there is no backlog in that category and applicants can move forward with their application process without waiting for priority dates to move.

5. How often is the Visa Bulletin updated and when is it released?

  • The Visa Bulletin is updated every month and is usually released between 8th to 15th of the preceding month (for example, December Bulletin is usually released by mid-November).

Priority Dates and Processing Times

6. How are priority dates determined and what affects their movement?

  • Priority dates are based on the filing date of your petition and are affected by demand for visas, annual visa caps and per-country limits. High demand in a category or country can cause backlogs and slower movement in the priority dates.

7. What is retrogression and why does it happen?

  • Retrogression is when a priority date that was current or more advanced moves backward due to increased visa demand or recalibration of visa availability. Retrogression can delay the application process for those affected.

8. Can I file my adjustment of status if my priority date becomes current and then retrogresses?

  • If you file while your priority date is current, your application will continue processing even if it retrogresses later. However, a retrogressed priority date may delay the final action and approval of your green card.

9. Why do priority dates move slowly and is there a way to expedite?

  • Slow movement is due to high demand, limited visa numbers and country-specific limits. Unfortunately, there is no way to expedite priority dates but monitoring Visa Bulletin and consulting with an immigration attorney can help with timing your filing.

10. Can I predict future priority date movement?

  • The State Department sometimes provides predictions but priority date movement is hard to predict due to fluctuating demand. Some applicants follow historical trends to anticipate movements but it’s best to check the Visa Bulletin monthly for updates.

Family-Based Visa Bulletin FAQs

11. What are the family-based categories in the Visa Bulletin?

  • Family-based categories:
  • F-1: Unmarried adult children of U.S. citizens
  • F-2A: Spouses and minor children of LPRs
  • F-2B: Unmarried adult children of LPRs
  • F-3: Married children of U.S. citizens
  • F-4: Siblings of adult U.S. citizens

12. Why do priority dates in family-based categories move slowly for certain countries?

  • High demand from countries like Mexico, India, China and Philippines causes longer wait times due to country-specific caps. These caps allow no more than 7% of the annual family-based visas to be issued to any one country.

13. Why are immediate relatives (spouses, minor children and parents of U.S. citizens) not in the Visa Bulletin?

  • Immediate relatives of U.S. citizens are not subject to numerical limits so they do not have wait times or priority dates like other family-based categories.

14. Can I keep my priority date if I change my petition category?

  • In some cases, yes. If a petitioner upgrades from F-2A (spouse of LPR) to immediate relative (spouse of a U.S. citizen after naturalization), they may retain their original priority date. Consult an immigration attorney for specific cases.

Employment-Based Visa Bulletin FAQs

15. What are the employment-based categories in the Visa Bulletin?

  • Employment-based categories:
  • EB-1: Priority workers (extraordinary abilities, multinational executives)
  • EB-2: Professionals with advanced degrees or exceptional abilities
  • EB-3: Skilled workers, professionals and other workers
  • EB-4: Special immigrants (religious workers, certain broadcasters etc.)
  • EB-5: Investors who create jobs for U.S. workers

16. Why do Indian and Chinese nationals have longer wait times in employment-based categories?

  • High demand and the per-country cap of 7% have created huge backlogs for applicants from India and China especially in EB-2 and EB-3 categories.

17. How does the EB-5 investor program’s “set-aside” work?

  • Within EB-5, certain percentages of visas are reserved for investors who invest in rural areas, high unemployment areas or infrastructure projects. This set-aside program can give slightly faster processing to qualifying investors.

18. What if the employer withdraws the I-140 petition after I’ve filed my I-485?

  • If I-485 has been pending for 180 days or more, an applicant can change employers under the AC21 portability rule as long as the new job is in the same or similar occupational category.

Special Situations

19. My child is aging out soon. Can they still get a green card under my application?

  • The Child Status Protection Act (CSPA) allows some children to retain their eligibility as “children” even if they turn 21. The CSPA age formula is complex so it’s best to consult an attorney.

20. If my spouse and I filed separate petitions, can we transfer priority dates?

  • Generally, priority dates cannot be transferred between petitions; however, there are exceptions. For example, if an applicant has two approved I-140 petitions, they may retain the earlier priority date.

21. Can I refile or request reconsideration if my priority date was current but I missed filing?

  • Unfortunately, if you missed the window to file when your date was current, you cannot file retroactively. But monitor the Visa Bulletin closely for future opportunities.

22. Will we see rapid movement in the Final Action Dates chart?

  • Rapid movement is rare but can happen if there’s underutilization of visas in a category. Temporary rapid movement can also happen when annual limits are recalculated or when demand is low.

Stay Informed and Plan Ahead

23 How can I get notified when the Visa Bulletin is out?

  • You can subscribe to Visa Bulletin email notifications on the USCIS or State Department website to get updates as soon as the monthly bulletin is published.

24. Should I talk to an immigration attorney about my priority date?

  • Consulting an immigration attorney is helpful especially for complex cases or those with retrogression, job changes or children aging out. An attorney can give you customized advice and help with strategic planning based on Visa Bulletin trends.

25 What is a Priority Date?
The priority date is your position in line for visa processing. It’s usually the date the U.S. Citizenship and Immigration Services (USCIS) received the initial petition (Form I-130 or I-140).

26. How do I know if my priority date is current?
The Visa Bulletin lists the current cut-off dates by category and country. If your priority date is before the date in your category, it’s current and you can move forward with the final stages of your application.

27. What if my priority date retrogresses?
If retrogression happens, applicants with a previously current priority date will have to wait longer for the visa to be issued. Final processing will be halted until the priority date becomes current again in a future Visa Bulletin.

28. Can retrogression affect both Family-Based and Employment-Based Visas?
Yes, retrogression can happen in any category with high demand. Employment-based categories (especially EB-2 and EB-3) and family-sponsored categories (F1 and F4) are more prone to it.

29. Can I file for Adjustment of Status during retrogression?
Generally, you can’t file if your priority date is not current. But if you filed for adjustment of status when your date was current, you can stay in pending until it becomes current again.

29. How often can retrogression happen?
Retrogression can happen multiple times a year if demand surges. Monitor the Visa Bulletin monthly for updates.

30. Can USCIS expedite my case during retrogression?
USCIS does not expedite based on visa availability.

31 What should I do if my case is affected by retrogression?
Stay up to date with the Visa Bulletin. Some applicants may benefit from legal advice on alternative visa options if their case is delayed significantly.

31. Why Are Immediate Relatives of U.S. Citizens Exempt from Quotas?
The U.S. immigration system prioritizes family unification, allowing U.S. citizens to bring spouses, children, and parents without numerical restrictions.

Conclusion

The U.S. immigration system and immigration services can be complex, but with the right information and resources you can make informed decisions about your green card application and filing chart. The Visa Bulletin is a key tool in this process, showing wait times and priority final action dates for each category. By staying informed and proactive you can increase your chances of a successful and timely green card application.

Herman Legal Group will be tracking Visa Bulletin changes.

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