OVERVIEW

The Department of State released the February 2024 Visa Bulletin. All Employment-Based Categories will hold steady for February under Dates for Filing with minor advancement for EB-2 and EB-3 Worldwide, EB-3 India and EB-5 China under Final Action Dates:

• USCIS will continue to accept employment-based Adjustment of Status applications based on the more advanced Dates for Filing chart in February.
• EB-2 Final Action Date for all countries aside from China and India will advance by two weeks to November 15, 2022.
• EB-3 India Final Action Date will advance by one month to July 1, 2012; EB-3 Final Action Dates for all other countries except China will advance by one month to September 1, 2022.
• EB-5 China Unreserved Final Action Date will advance by one week to December 15, 2015.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR DATES for FILING

USCIS confirmed that it will follow the Dates for Filing chart for purposes of eligibility to file an Adjustment of Status application. The Dates for Filing  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 maintain a Dates for Filing cutoff date of January 1, 2023 and January 1, 2021, respectively.

 EB-2, Second Preference Category

• EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) maintains a cut-off date of February 15, 2023.
• China: Dates for Filing hold steady at June 1, 2020.
• India:  Dates for Filing hold steady at May 15, 2012.

EB-3, Third Preference Category (Professional and Skilled Workers)

• EB-3 Worldwide (including El Salvador, Guatemala and Honduras, and Mexico) maintains a cut-off date of February 1, 2023.
• Philippines: Dates for Filing hold steady at January 1, 2023.
• China: Dates for Filing hold steady at July 1, 2021.
• India: Dates for Filing hold steady at August 1, 2012.

Other Workers

• All categories hold steady from last month:
  • Other Workers (including El Salvador, Guatemala and Honduras and Mexico) maintain a cut-off date of December 15, 2020.
  • Philippines: May 15, 2020
  • China: June 1, 2017
  • India: August 1, 2012

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 January 1, 2017 and April 1, 2022, 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 noted in the February Visa Bulletin, Final Action Dates across many employment-based visa categories have advanced slightly. While further potential date advancements throughout the year may occur, actual date movements will be dependent on visa demand and issuance through FY 2024. While USCIS is currently honoring the Dates for Filing chart, Employers are advised to file Adjustment of Status applications for eligible foreign national employees as soon as possible as USCIS may begin honoring the Final Action Dates chart as soon as March or April. With the unpredictability of available visa numbers and continued increased demand across all employment-based categories, submitting an Adjustment of Status application earlier may avoid a potential disruption in work authorization as extensive processing delays and the potential for visa retrogression continues to persist.

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