The Department of State released the April 2024 Visa Bulletin. USCIS will continue to accept employment-based Adjustment of Status applications based on the Final Action Dates chart. Most employment-based categories will advance in April but limited advancement is projected for the coming months:
- EB-1 China Final Action Date will advance by six weeks to September 1, 2022.
- EB-1 India Final Action Date will advance by five months to March 1, 2021.
- EB-2 Final Action Date for all countries aside from India and China will advance by seven weeks to January 15, 2023. India will advance by six weeks to April 15, 2012 and China will advance by one month to February 1, 2020.
- EB-3 Professional/Skilled Worker Final Action Dates for all countries aside from India and China will advance by two and a half months to November 22, 2022. India will advance by six weeks to August 15, 2012. China will hold steady at September 1, 2020.
- S. Dept. of State expects very little to no forward movement for employment-based categories in the coming months.
EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR Final Action DATES
USCIS confirmed that it will honor the Final Action Dates chart for purposes of eligibility to file an Adjustment of Status application. The Final Action Dates are as follows:
EB-1, First Preference Category
- EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) remains current.
- EB-1 China and India will advance moderately with a Final Action Date cutoff of September 1, 2022 and March 1, 2021, respectively.
EB-2, Second Preference Category
- EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will advance by seven weeks to January 15, 2023.
- China: Final Action Date will advance by one month to February 1, 2020.
- India: Final Action Date will advance by six weeks to April 15, 2012.
EB-3, Third Preference Category (Professional and Skilled Workers)
- EB-3 Worldwide (including El Salvador, Guatemala and Honduras, Mexico and Philippines) will advance by two and a half months to November 22, 2022.
- China: Final Action Date holds steady at September 1, 2020.
- India: Final Action Date will advance by six weeks to August 15, 2012.
Other Workers
- Slight advancement for Worldwide, Mexico, and India Other Workers. All other categories hold steady from last month:
- Other Workers Worldwide (including El Salvador, Guatemala and Honduras and Mexico) will advance by one month to October 8, 2020.
- India will advance by one and a half months to August 15, 2012.
- Philippines: May 1, 2020
- China: January 1, 2017
EB-5: Fifth Preference Category (Immigrant Investors)
- For the EB-5 Unreserved categories (C5, T5, I5, and R5), India and China maintain a cut-off date of December 1, 2020 and December 15, 2015, respectively. All other countries will remain current.
- The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.
Individuals with a priority date that is before the published cut-off date may file an Adjustment of Status application based on the dates outlined above.
WHAT SHOULD EMPLOYERS EXPECT?
As specified in the Final Action Dates chart of the April Visa Bulletin, most employment-based Categories will advance for the month of April. However, the U.S. Dept. of State indicates that very little to no forward movement is expected in the coming months. Further, while it is anticipated that the April Final Action Dates may remain in effect until the end of the fiscal year (September 30, 2024), depending on demand and usage, retrogression of cut-off dates may be required at some point to maintain number use within applicable annual limits. The determination of the actual monthly Final Action Dates is subject to fluctuations in applicant demand and other variables.
Eligible individuals should submit Adjustment of Status applications in April as it is possible that visa retrogression may occur later in the year.
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