The US Citizenship and Immigration Services (USCIS) will use the Dates for Filing chart in January 2024. After two months of little to no movement in the visa bulletin, the second quarter of the fiscal year brings significant advancements to the Dates for Filing chart for India EB-1 and China EB-3 applicants and slight advancements for EB-2 applicants chargeable to all countries except India.
The US Department of State has released its January 2024 Visa Bulletin outlining per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status applications for consular immigrant visa application filings and approvals.
WHAT DOES THE JANUARY 2024 VISA BULLETIN SAY?
The bulletin includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustments of status or immigrant visas, and the latter indicates when adjustment of status applications or immigrant visa applications may be approved and permanent residence granted.
Each month, the USCIS chooses which chart it will follow. For January 2024, the USCIS will follow the Dates for Filing chart for employment-based (EB) filings for adjustment of status. This means that individuals seeking to file applications for adjustment of status with the USCIS in January 2024 must use the Dates for Filing chart below.
DATES FOR FILING FINAL CUTOFF DATES
To be eligible to file an EB adjustment application in January 2024, a foreign national must have a priority date that is earlier than the date listed below for their preference category and country. The “C” listing indicates that the category is current, and applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date that is earlier than the listed date may file their applications.
EMPLOYMENT-BASED FIRST PREFERENCE (EB-1)
The EB-1 cutoff date for applicants from Mexico, the Philippines, and All Chargeability Areas will remain current. This means that all applicants chargeable to these areas whose I-485 applications have not yet been filed can file their I-485 applications with the USCIS.
The EB-1 cutoff date for China will advance five months to January 1, 2023. This means that China EB-1 applicants whose I-485 applications have not yet been filed and have a priority date before January 1, 2023 can file their I-485 applications with the USCIS.
The EB-1 cutoff date for India will advance one and a half years to January 1, 2021. This means that India EB-1 applicants whose I-485 applications have not yet been filed and who have a priority date before January 1, 2021 can file their I-485 applications with the USCIS.
EMPLOYMENT-BASED SECOND PREFERENCE (EB-2)
The EB-2 cutoff date for All Chargeability Areas, Mexico, and the Philippines will advance six weeks to February 15, 2023. This means that all applicants chargeable to these areas whose I-485 applications have not yet been filed and who have a priority date before February 15, 2023 can file their I-485 applications with the USCIS.
The EB-2 cutoff date for China will advance five months to June 1, 2020. This means that China EB-2 applicants whose I-485 applications have not yet been filed and who have a priority date before June 1, 2020 can file their I-485 applications with the USCIS.
The EB-2 cutoff date for India will remain May 15, 2012. This means that India EB-2 applicants whose I-485 applications have not yet been filed and who have a priority date before May 15, 2012 can file their I-485 applications with the USCIS.
EMPLOYMENT-BASED THIRD PREFERENCE (EB-3)
The EB-3 cutoff date for All Chargeability Areas and Mexico will remain February 1, 2023. This means that all applicants chargeable to these areas whose I-485 applications have not yet been filed and who have a priority date before February 1, 2023 can file their I-485 applications with the USCIS.
The EB-3 cutoff date for China will advance 10 months to July 1, 2021. This means that China EB-3 applicants whose I-485 applications have not yet been filed and who have a priority date before July 1, 2021 can file their I-485 applications with the USCIS.
The EB-3 cutoff date for India will remain August 1, 2012. This means that India EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before August 1, 2012 can file their I-485 applications with the USCIS.
The EB-3 cutoff date for the Philippines will remain January 1, 2023. This means that Philippines EB-3 applicants whose I-485 applications have not yet been filed and who have a priority date before January 1, 2023 can file their I-485 applications with the USCIS.
OTHER WORKERS
The Other Workers cutoff date for All Chargeability Areas and Mexico will remain December 15, 2020. This means that Other Worker applicants from these areas whose I-485 applications have not yet been filed and who have a priority date before December 15, 2020 can file their I-485 applications with the USCIS.
The Other Workers cutoff date for China will remain June 1, 2017. This means that Other Worker applicants from China whose I-485 applications have not yet been filed and who have a priority date before June 1, 2017 can file their I-485 applications with the USCIS.
The Other Workers cutoff date for India will remain August 1, 2012. This means that Other Worker applicants from India whose I-485 applications have not yet been filed and who have a priority date before August 1, 2012 can file their I-485 applications with the USCIS.
The Other Workers cutoff date for the Philippines will remain May 15, 2020. This means that Other Worker applicants from the Philippines whose I-485 applications have not yet been filed and who have a priority date before May 15, 2020 can file their I-485 applications with the USCIS.
SIGNIFICANT DEVELOPMENTS
While the Dates of Filing cutoff dates were stagnant in the November and December 2023 visa bulletins, movement was expected at the beginning of the second quarter based on the Department of State’s focus on keeping visa issuance within quarterly limits in accordance with Immigration and Nationality Act (INA) Sections 201(a)(2) and 203(g), as stated in the October 2023 visa bulletin.
The Dates of Filing chart in the January 2024 visa bulletin will bring advancement for India and China EB-1 applicants as well as China EB-3 applicants. The EB-2 category will inch forward for all applicants except those chargeable to India.
[View source.]
