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Employment-Based Final Action Dates Advance and Family-Sponsored Categories Show Slight Progress — Visa Lawyer Blog — March 11, 2024

Employment-Based Final Action Dates Advance and Family-Sponsored Categories Show Slight Progress — Visa Lawyer Blog — March 11, 2024

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The Department of State has published the April 2024 Visa Bulletin, bringing significant advancements in the final action dates for most employment-based categories, and modest advancement for the family-sponsored categories when compared to the previous month.


Highlights of the April 2024 Visa Bulletin


Dates for Filing Chart

For the family-sponsored preference categories, the Dates for Filing Chart remains unchanged from the previous month, with the exception of the family sponsored fourth preference category (F4) for India which will advance by 1.5 months to April 8, 2006, and Philippines which will advance by 1 year to April 22, 2005.

Additionally, for employment-based petitions, the employment based first preference category (EB1A) India will advance by 3 months to April 1, 2021, and the employment-based third (EB3) preference category for India will advance by 1.5 months to September 15, 2012. Finally, the employment based fourth preference category (EB-4) will advance by 11 months to December 1, 2020.

All other preference categories remain unchanged from the previous month.


Employment-based categories


Movement in the Final Action Dates

The Final Action Dates Chart shows some modest advancements in some of the employment-based preference categories, specifically:

  • EB-1 China will advance by 6 weeks to September 1, 2022
  • EB-1 India will advance by 5 months to March 1, 2021
  • EB-2 Worldwide, Mexico, and the Philippines will advance by 7 weeks to January 15, 2023
  • EB-2 China will advance by 1 month to February 1, 2020
  • EB-2 India will advance by 6 weeks to April 15, 2012
  • EB-3 Worldwide, Mexico, and the Philippines will advance by 2.5 months to November 22, 2022
  • EB-3 India will advance by 6 weeks to August 15, 2012
  • EB-3 Other Workers Worldwide, Mexico, and the Philippines will advance by 2.2 months to October 8, 2020
  • EB-3 Other Workers India will advance by 1.5 months to August 15, 2012
  • EB-4 will advance by 11 months to November 1, 2020

Family-sponsored categories


Movement in the Final Action Dates

On the other hand, the Final Action Dates Chart for the family-sponsored categories shows few advancements as follows:

  • F2A Worldwide, China, India, and the Philippines will advance by 2.6 months to September 8, 2020
  • F2A Mexico will advance by 2 months to August 15, 2020

Adjustment of Status Filing Chart April 2024


For the month of April 2024, U.S. Citizenship and Immigration Services (USCIS) will use the Dates for Filing Chart for all family-sponsored preference categories, and the Final Action Dates chart for all employment-based preference categories.

To be eligible to file an employment-based adjustment application in the month of April, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.


Employment-Based Categories


FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES


According to the Department of State’s April 2024 Visa Bulletin, the following Final Action cutoff dates will apply for employment-based categories:

  • EB-1 Worldwide, Mexico, and the Philippines will remain current
  • EB-1 China will advance by 6 weeks to September 1, 2022
  • EB-1 India will advance by 5 months to March 1, 2021
  • EB-2 Worldwide, Mexico, and the Philippines will advance by 7 weeks to January 15, 2023
  • EB-2 China will advance by 1 month to February 1, 2020
  • EB-2 India will advance by 6 weeks to April 15, 2012
  • EB-3 Worldwide, Mexico, and the Philippines will advance by 2.5 months to November 22, 2022
  • EB-3 China will remain at September 1, 2020
  • EB-3 India will advance by 6 weeks to August 15, 2012
  • EB-3 Other Workers Worldwide and Mexico will advance by 2.2 months to October 8, 2020
  • EB-3 Other Workers China will remain at January 1, 2017
  • EB-3 Other Workers India will advance by 1.5 months to August 15, 2012
  • EB-3 Other Workers Philippines will remain at May 1, 2020
  • EB-4 will advance by 11 months to November 1, 2020
  • EB-5 Unreserved China remains at December 15, 2015
  • EB-5 Unreserved India remains at December 1, 2020
  • All other EB-5 categories remain current

The bold represents the advancement of the category.

Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES
1st C 01SEP22 01MAR21 C C
2nd 15JAN23 01FEB20 15APR12 15JAN23 15JAN23
3rd 22NOV22 01SEP20 15AUG12 22NOV22 22NOV22
Other Workers 08OCT20 01JAN17 15AUG12 08OCT20 01MAY20
4th 01NOV20 01NOV20 01NOV20 01NOV20 01NOV20
Certain Religious Workers U U U U U
5th Unreserved
(including C5, T5, I5, R5)
C 15DEC15 01DEC20 C C
5th Set Aside:
Rural (20%)
C C C C C
5th Set Aside:
High Unemployment (10%)
C C C C C
5th Set Aside:
Infrastructure (2%)
C C C C C

Employment-Based April 2024 Final Action Dates

EB-1 

  • China: September 1, 2022 (Advancement)
  • India: March 1, 2021 (Advancement)
  • All other countries: Current

EB-2

  • China: February 1, 2020 (Advancement)
  • India: April 15, 2012 (Advancement)
  • All other countries: January 15, 2023 (Advancement)

EB-3 Professionals and Skilled Workers

  • China: September 1, 2020
  • India: August 15, 2012 (Advancement)
  • All other countries: November 22, 2022 (Advancement)

EB-3 Other Workers 

  • China: January 1, 2017
  • India: August 15, 2012 (Advancement)
  • Philippines: May 1, 2020
  • All other countries: October 8, 2020 (Advancement)

EB-4

  • All countries: November 1, 2020 (Advancement)

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

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES


According to the Department of State’s April 2024 Visa Bulletin, the Dates for Filing cutoff dates remain the same as the previous months, except for:

  • The employment-based first preference category (EB1A) India will advance by 3 months to April 1, 2021
  • The employment-based third (EB3) preference category for India will advance by 1.5 months to September 15, 2012 and
  • The employment based fourth preference category (EB-4) will advance by 11 months to December 1, 2020.

The bold represents the advancement of the category.

Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO  PHILIPPINES 
1st C 01JAN23 01APR21 C C
2nd 15FEB23 01JUN20 15MAY12 15FEB23 15FEB23
3rd 01FEB23 01JUL21 15SEP12 01FEB23 01JAN23
Other Workers 15DEC20 01JUN17 15SEP12 15DEC20 15MAY20
4th 01DEC20 01DEC20 01DEC20 01DEC20 01DEC20
Certain Religious Workers 01DEC20 01DEC20 01DEC20 01DEC20 01DEC20
5th Unreserved
(including C5, T5, I5, R5)
C 01JAN17 01APR22 C C
5th Set Aside:
(Rural – 20%)
C C C C C
5th Set Aside:
(High Unemployment – 10%)
C C C C C
5th Set Aside:
(Infrastructure – 2%)
C C C C C

Employment-Based April 2024 Dates for Filing

EB-1

  • China: January 1, 2023
  • India: April 1, 2021 (Advancement)
  • 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: September 15, 2012 (Advancement)
  • Philippines: January 1, 2023
  • All other countries: February 1, 2023

EB-3 Other Workers

  • China: June 1, 2017
  • India: September 15, 2012 (Advancement)
  • Philippines: May 15, 2020
  • All other countries: December 15, 2020

EB-4

  • All countries: December 1, 2020 (Advancement)

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 FAMILY-SPONSORED PREFERENCE CASES


According to the Department of State’s April 2024 Visa Bulletin, the following Final Action cutoff dates will apply for family-sponsored categories:

  • F1 Worldwide, China, and India will remain at February 8, 2015
  • F1 Mexico will remain at May 1, 2001
  • F1 Philippines will remain at March 1, 2012
  • F2A Worldwide, China, India, and the Philippines will advance by 2.6 months to September 8, 2020
  • F2A Mexico will advance by 2 months to August 15, 2020
  • F2B Worldwide, China, and India will remain at November 22, 2015
  • F2B Mexico will remain at October 22, 2003
  • F2B Philippines will remain at October 22, 2011
  • F3 Worldwide, China, and Mexico will remain at October 1, 2009
  • F3 Mexico will remain at September 8, 1998
  • F3 Philippines will remain at June 8, 2002
  • F4 Worldwide and China will remain at June 8, 2007
  • F4 India will remain at December 15, 2005
  • F4 Philippines will remain at June 15, 2003

The bold represents the advancement of the category.

Family-
Sponsored 
All Chargeability
Areas Except
Those Listed
CHINA-mainland
born
INDIA MEXICO PHILIPPINES 
F1 08FEB15 08FEB15 08FEB15 01MAY01 01MAR12
F2A 08SEP20 08SEP20 08SEP20 15AUG20 08SEP20
F2B 22NOV15 22NOV15 22NOV15 22OCT03 22OCT11
F3 01OCT09 01OCT09 01OCT09 08SEP98 08JUN02
F4 08JUN07 08JUN07 15DEC05 15OCT00 15JUN03

Family Sponsored April 2024 Final Action Dates

F-1 Unmarried Sons and Daughters of U.S. Citizens

  • Mexico: May 1, 2001
  • Philippines: March 1, 2012
  • All other countries: February 8, 2015

F-2A Spouses and Children of Permanent Residents

  • Mexico: August 15, 2020 (Advancement)
  • All other countries: September 8, 2020 (Advancement)

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • Mexico: October 22, 2003
  • Philippines: October 22, 2011
  • All other countries: November 22, 2015

F3 Married Sons and Daughters of U.S. Citizens

  • Mexico: September 8, 1998
  • Philippines: June 8, 2002
  • All other countries: October 1, 2009

F-4 Brothers and Sisters of Adult U.S. Citizens

  • Mexico: October 15, 2000
  • India: December 15, 2005
  • Philippines: June 15, 2003
  • All other countries: June 8, 2007

DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES


According to the Department of State’s April 2024 Visa Bulletin, the Dates for Filing cutoff dates remain the same as in the previous month, with the exception of the family sponsored fourth preference category (F4) for India which will advance by 1.5 months to April 8, 2006, and Philippines which will advance by 1 year to April 22, 2005.

The bold represents the advancement of the category.

Family-
Sponsored 
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES 
F1 01SEP17 01SEP17 01SEP17 01APR05 22APR15
F2A 01SEP23 01SEP23 01SEP23 01SEP23 01SEP23
F2B 01JAN17 01JAN17 01JAN17 01AUG04 01OCT13
F3 01MAR10 01MAR10 01MAR10 15JUN01 08NOV03
F4 01MAR08 01MAR08 08APR06 15APR01 22APR05

Family Sponsored April 2024 Dates for Filing

F-1 Unmarried Sons and Daughters of U.S. Citizens

  • Mexico: April 1, 2005
  • Philippines: April 22, 2015
  • All other countries: September 1, 2017

F-2A Spouses and Children of Permanent Residents

  • All countries: September 1, 2023

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • Mexico: August 1, 2004
  • Philippines: October 1, 2013
  • All other countries: January 1, 2017

F3 Married Sons and Daughters of U.S. Citizens

  • Mexico: June 15, 2001
  • Philippines: November 8, 2003
  • All other countries: March 1, 2010

F-4 Brothers and Sisters of Adult U.S. Citizens

  • India: April 8, 2006 (Advancement)
  • Mexico: April 15, 2001
  • Philippines: April 22, 2005 (Advancement)
  • All other countries: March 1, 2008

Looking Ahead


The EB-4 Non-Minister Religious Worker program will become unavailable for all countries on March 22, 2024, unless it is reauthorized by Congressional legislation. If no action is taken by Congress to extend the program, no immigrant visas or adjustment of status applications can be approved under the category until a reauthorization is passed.


Projected Visa Availability in the Coming Months


Family-sponsored categories (potential movement):


Worldwide dates:

F1: Up to three months
F2A (excluding Mexico): Up to six months
F2B: Up to ten weeks
F3: Several months
F4: Up to four weeks

Mexico:

F1: Up to four months
F2A: Up to three months
F2B: Several months
F3: Up to six months
F4: Up to three months

Philippines:

F3: Several months
F4: Several months


Employment-based categories:


Very little to no forward movement is expected in the coming months since the final action dates for many categories advanced for April 2024. This projection reflects the expectation for the remainder of FY 2024, which ends on September 30, 2024.

As we do every month, we will keep you updated on the upcoming movement and changes in the Visa Bulletin right here on our blog.


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