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What You Need to Know — Visa Lawyer Blog — December 11, 2023

What You Need to Know — Visa Lawyer Blog — December 11, 2023


What You Need to Know — Visa Lawyer Blog — December 11, 2023

The January 2024 Visa Bulletin is finally here, and with it some big advancements for the employment-based preference categories in the New Year, specifically for India and China, and some promising forward movement in the Final Action Dates for EB-2 Worldwide and EB-3 Professional/Skilled Workers Worldwide.

For family-sponsored categories, the New Year brings big advancements in the Final Action Dates for F2A Mexico, F2 Worldwide, F2B Mexico, F3 Mexico, F3 Worldwide, and modest advancements for F4. The Dates for Filing remain the same as December.

Whether you are applying for an immigrant visa at a U.S. Consulate overseas or applying for adjustment of status to permanent residence in the United States, you won’t want to miss these new updates.


Highlights of the January 2024 Visa Bulletin


Employment-based categories

  • EB-1 India: The EB-1 India Final Action Date will advance by three years and eight months, to September 1, 2020, and the Date for Filing will advance by a year and a half, to January 1, 2021.
  • EB-1 China: The EB-1 China Final Action Date will advance by four and a half months, to July 1, 2022, and the Date for Filing will advance five months, to January 1, 2023.
  • EB-2: The EB-2 Final Action Date for India will advance by two months, to March 1, 2012, and the EB-2 China Final Action Date will advance by approximately nine weeks, to January 1, 2020. Final Action Dates for the remaining countries in EB-2 will advance by three and a half months, to November 1, 2022.
  • EB-3 Professional/Skilled Workers: The EB-3 Professional/Skilled Worker Final Action Dates will advance by over 7 months for China, to September 1, 2020, and by one month for India, to June 1, 2012. Final Action Dates for the remaining countries in the category will advance by eight months, to August 1, 2022.
  • EB-3 Other Workers: The EB-3 Other Workers Final Action Dates will advance by one month to September 1, 2020; by one month for China to January 1, 2017; one month for India to June 1, 2012; and by one month for Mexico to September 1, 2020. Philippines will remain at May 1, 2020.
  • For EB-3 Other Workers, the Date for Filing will advance by 10 months for China to July 1, 2021.
  • EB-5: The EB-5 India Unreserved Final Action Date will advance by almost two years, to December 1, 2020, while the EB-5 China Unreserved Final Action date will advance by nine weeks, to December 8, 2015

Family-sponsored categories

  • The Dates for Filing remain the same as December 2023

Final Action Dates:

  • F2A: Mexico will advance by more than eight and a half months to October 22, 2019. All other countries will advance by more than eight and a half months to November 1, 2019
  • F2B: Mexico will advance by almost eighteen months to October 22, 2003. All other countries will advance by nine days to October 1, 2015.
  • F3: Mexico will advance by more than five and a half months to September 8, 1998. All other countries will advance by almost three and a half months to April 22, 2009.
  • F4: India will advance by more than one month to November 15, 2005. Philippines will advance by almost two months to October 15, 2002. All other countries will advance by one month to May 22, 2007

Adjustment of Status Filing Chart January 2024


For the month of January 2024, the U.S. Citizenship and Immigration Services (USCIS) has not yet confirmed which filing chart will be used to determine eligibility for I-485 adjustment of status filings (green card filings inside the US). However, we expect for USCIS to publish which chart it will use in the coming days at the link below.

Note: For the November and December Visa Bulletin, USCIS used the Dates for Filing Chart for adjustment of status filings.


Employment-Based Categories


FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES


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

  • EB-1: EB-1 India will advance by three years and eight months, to September 1, 2020. China will advance by four and a half months to July 1, 2022. All other countries will remain current.
  • EB-2:  EB-2 India will advance by two months, to March 1, 2012, and China will advance by approximately nine weeks to January 1, 2020. All other countries will advance by three and a half months to November 1, 2022.
  • EB-3 Professionals and Skilled Workers: China will advance by seven months and one week to September 1, 2020, and India will advance by one month to June 1, 2012. All other countries will advance by eight months to August 1, 2022.
  • EB-3 Other Workers: China will advance by one month to January 1, 2017. India will advance by one month to June 1, 2012.  Mexico will advance by one month to September 1, 2020. Philippines will remain at May 1, 2020. All other countries will advance by one month to September 1, 2020.
  • EB-4: All categories advance by almost four and a half months to May 15, 2019
  • EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will advance by almost two years, to December 1, 2020, and China will advance by nine weeks, to December 8, 2015. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.
Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES
1st C 01JUL22 01SEP20 C C
2nd 01NOV22 01JAN20 01MAR12 01NOV22 01NOV22
3rd 01AUG22 01SEP20 01JUN12 01AUG22 01AUG22
Other Workers 01SEP20 01JAN17 01JUN12 01SEP20 01MAY20
4th 15MAY19 15MAY19 15MAY19 15MAY19 15MAY19
Certain Religious Workers 15MAY19 15MAY19 15MAY19 15MAY19 15MAY19
5th Unreserved
(including C5, T5, I5, R5)
C 08DEC15 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

Final Action Dates for January 2024

EB-1 

  • China: July 1, 2022 (Advancement)
  • India: September 1, 2020 (Advancement)
  • All other countries: Current

EB-2

  • China: January 1, 2020 (Advancement)
  • India: March 1, 2012 (Advancement)
  • All other countries: November 1, 2022 (Advancement)

EB-3 Professionals and Skilled Workers

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

EB-3 Other Workers 

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

EB-4

  • All countries: May 15, 2019 (Advancement)

EB-5 Unreserved (Regional Center and Non-Regional Center)

  • China: December 8, 2015 (Advancement)
  • India: December 1, 2020 (Advancement)
  • 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 January 2024 Visa Bulletin, the following Dates for Filing cutoff dates will apply for employment-based categories.

  • EB-1: EB-1 India will advance by eighteen months to January 1, 2021, while China will advance by five months to January 1, 2023. All other countries will remain current in December.
  • EB-2: EB-2 China will advance by five months to June 1, 2020, while India will remain at May 15, 2012. All other countries will advance by six weeks to February 15, 2023.
  • EB-3 Professionals and Skilled Workers: EB-3 India will remain at August 1, 2012. China will advance by ten months to July 1, 2021. EB-3 Worldwide and Mexico will remain at February 1, 2023. EB-3 Philippines will remain at January 1, 2023.
  • EB-3 Other Workers: India will remain at August 1, 2012, China will remain at June 1, 2017. EB-3 Worldwide and Mexico will remain at December 15, 2020. EB-3 Philippines will remain at May 15, 2020.
  • EB-4: All countries will advance by 6 months to September 1, 2019.
  • EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will remain at April 1, 2022, and China will remain at January 1, 2017. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.
Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO  PHILIPPINES 
1st C 01JAN23 01JAN21 C C
2nd 15FEB23 01JAN20 15MAY12 15FEB23 15FEB23
3rd 01FEB23 01JUL21 01AUG12 01FEB23 01JAN23
Other Workers 15DEC20 01JUN17 01AUG12 15DEC20 15MAY20
4th 01SEP19 01SEP19 01SEP19 01SEP19 01SEP19
Certain Religious Workers 01SEP19 01SEP19 01SEP19 01SEP19 01SEP19
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

Dates for Filing for January 2024

EB-1

  • China: January 1, 2023 (Advancement)
  • India: January 1, 2021 (Advancement)
  • All other countries: Current

EB-2

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

EB-3 Professionals and Skilled Workers

  • China: July 1, 2021 (Advancement)
  • India: August 1, 2012
  • Philippines: January 1, 2023
  • All other countries: February 1, 2023

EB-3 Other Workers (remains the same)

  • China: June 1, 2017
  • India: August 1, 2012
  • Philippines: May 15, 2020
  • All other countries: December 15, 2020

EB-4

  • All countries: September 1, 2019 (Advancement)

EB-5 Unreserved (Regional Center and Non-Regional Center) (remains the same)

  • China: January 1, 2017
  • India: April 1, 2022
  • All other countries: Current

EB-5 Set-Asides (remains the same)

  • Rural: Current for all countries
  • High Unemployment: Current for all countries
  • Infrastructure: Current for all countries

Family-Sponsored Categories


DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES


According to the Department of State’s January 2024 Visa Bulletin, the following Dates for Filing cutoff dates will apply for family-sponsored categories:

*Please note: these dates are unchanged from the December 2023 Visa Bulletin

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 22FEB06 15APR01 22APR04

Dates for Filing January 2024

F-1 Unmarried Sons and Daughters of U.S. Citizens (remains the same)

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

F-2A Spouses and Children of Permanent Residents (remains the same)

  • All countries: September 1, 2023

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

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

F3 Married Sons and Daughters of U.S. Citizens (remains the same)

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

F-4 Brothers and Sisters of Adult U.S. Citizens (remains the same)

  • India: February 22, 2006
  • Mexico: April 15, 2001
  • Philippines: April 22, 2004
  • All other countries: March 1, 2008

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES


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

  • F2A: Mexico will advance by more than eight and a half months to October 22, 2019. All other countries will advance by more than eight and a half months to November 1, 2019
  • F2B: Mexico will advance by almost eighteen months to October 22, 2003. All other countries will advance by nine days to October 1, 2015.
  • F3: Mexico will advance by more than five and a half months to September 8, 1998. All other countries will advance by almost three and a half months to April 22, 2009.
  • F4: India will advance by more than one month to November 15, 2005. Philippines will advance by almost two months to October 15, 2002. All other countries will advance by one month to May 22, 2007
Family-
Sponsored 
All Chargeability
Areas Except
Those Listed
CHINA-mainland
born
INDIA MEXICO PHILIPPINES 
F1 01JAN15 01JAN15 01JAN15 01MAY01 01MAR12
F2A 01NOV19 01NOV19 01NOV19 22OCT19 01NOV19
F2B 01OCT15 01OCT15 01OCT15 22OCT03 22OCT11
F3 22APR09 22APR09 22APR09 08SEP98 08JUN02
F4 22MAY07 22MAY07 15NOV05 15SEP00 15OCT02

Final Action Dates January 2024

F-1 Unmarried Sons and Daughters of U.S. Citizens (remains the same)

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

F-2A Spouses and Children of Permanent Residents

  • Mexico: October 22, 2019 (Advancement)
  • All other countries: November 1, 2019 (Advancement)

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

  • Mexico: October 22, 2003 (Advancement)
  • Philippines: October 22, 2011
  • All other countries: October 1, 2015 (Advancement)

F3 Married Sons and Daughters of U.S. Citizens

  • Mexico: September 8, 1998 (Advancement)
  • Philippines: June 8, 2002
  • All other countries: April 22, 2009 (Advancement)

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

  • Mexico: September 15, 2000
  • India: November 15, 2005 (Advancement)
  • Philippines: October 15, 2002 (Advancement)
  • All other countries: May 22, 2007 (Advancement)

Conclusion


Employment-based advancements

EB-1 India: The EB-1 India Final Action Date will advance by three years and eight months, to September 1, 2020, and the Date for Filing will advance by a year and a half, to January 1, 2021.

EB-1 China: The EB-1 China Final Action Date will advance by four and a half months, to July 1, 2022, and the Date for Filing will advance five months, to January 1, 2023.

EB-2: The EB-2 Final Action Date for India will advance by two months, to March 1, 2012, and the EB-2 China Final Action Date will advance by approximately nine weeks, to January 1, 2020. Final Action Dates for the remaining countries in EB-2 will advance by three and a half months, to November 1, 2022.

EB-3 Professional/Skilled: The EB-3 Professional/Skilled Worker Final Action Dates will advance by over 7 months for China, to September 1, 2020, and by one month for India, to June 1, 2012. Final Action Dates for the remaining countries in the category will advance by eight months, to August 1, 2022.

EB-3 Other Workers: The EB-3 Other Workers Final Action Dates will advance by one month to September 1, 2020; by one month for China to January 1, 2017; one month for India to June 1, 2012; and by one month for Mexico to September 1, 2020. Philippines will remain at May 1, 2020.

For EB-3 Other Workers, the Date for Filing will advance by 10 months for China to July 1, 2021.

EB-5: The EB-5 India Unreserved Final Action Date will advance by almost two years, to December 1, 2020, while the EB-5 China Unreserved Final Action date will advance by nine weeks, to December 8, 2015


Family-sponsored Advancements

The Dates for Filing experienced no movement from the previous month, but the Final Action Dates brought significant movement.

F2A: Mexico will advance by more than eight and a half months to October 22, 2019. All other countries will advance by more than eight and a half months to November 1, 2019

F2B: Mexico will advance by almost eighteen months to October 22, 2003. All other countries will advance by nine days to October 1, 2015.

F3: Mexico will advance by more than five and a half months to September 8, 1998. All other countries will advance by almost three and a half months to April 22, 2009.

F4: India will advance by more than one month to November 15, 2005. Philippines will advance by almost two months to October 15, 2002. All other countries will advance by one month to May 22, 2007.

As always, we will continue to monitor the trends and progressions of the Visa Bulletin and report them right here on our blog.


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