October Visa Bulletin: Advancement across key employment-based categories

The U.S. State Department released the October Visa Bulletin, showing advancement in key employment-based categories next month, the first of the new fiscal year. U.S. Citizenship and Immigration Services confirmed it will use the Dates for Filing chart to determine employment-based filing eligibility for adjustment of status.

Taking into account the change from Final Action Date to Dates for Filing for October, movement in key categories will be as follows:

EB-1

• China EB-1 will advance 6 months to Aug. 1, 2022.
• India EB-1 will advance 7½ years to July 1, 2019.
• All other countries under EB-1 will become current.

EB-2

• China EB-2 will advance almost 6 months to Jan. 1, 2020.
• India EB-2 will advance almost 1½ years to May 15, 2012.
• All other countries under EB-2 will advance 6 months to Jan. 1, 2023.

EB-3

• China EB-3 will advance 1 year to Sept. 1, 2020.
• India EB-3 will advance more than 3½ years to Aug. 1, 2012.
• The Philippines EB-3 will advance more than 2½ years to Jan. 1, 2023.
• All other countries under EB-3 will advance nearly 3 years to Feb. 1, 2023.

BAL Analysis: Final Action Dates advanced across most employment-based categories, reflecting new visa numbers available for the 2024 fiscal year. The State Department said advancements in cutoff dates “reflect an intention to keep visa issuance within quarterly limits” under federal immigration law, with advancement potentially continuing to occur throughout the fiscal year. The department stressed that “actual date movements will be dependent on visa demand and issuance patterns throughout FY-2024.”

USCIS released information saying that while the government issued “an unprecedented number of employment-based green cards” in the previous two fiscal years, the numerical limits for fiscal year 2024 would not be as high. The agency said it is working to provide as much “flexibility, predictability, and dignity as possible,” including taking steps to help individuals who will be waiting for an “immediately available” immigrant visa number for a lengthy amount of time. BAL will continue to provide updates on the Visa Bulletin as information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

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