The Department of State released the May 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 hold steady and remain unchanged for May under Final Action Dates.

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 hold steady 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 maintain a cutoff date of January 15, 2023.
• China: Final Action Date will hold steady at February 1, 2020.
• India:  Final Action Date will hold steady at 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 maintain a cutoff date of November 22, 2022.
• China: Final Action Date will hold steady at September 1, 2020.
• India: Final Action Dates will hold steady at August 15, 2012.

Other Workers

• All countries will hold steady from last month:
  • Other Workers Worldwide (including El Salvador, Guatemala and Honduras and Mexico) will maintain a cutoff date of October 8, 2020.
  • India: 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 expected based on the information from the April Visa Bulletin, most Employment-Based categories remain unchanged with no forward movement observed in May under Final Action Dates. As very little to no forward movement is expected in the coming months with the potential for retrogression to maintain number use within applicable annual limits, Employers are advised to submit Adjustment of Status applications for eligible applicants in May.

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