The US Department of State recently issued the January 2024 Visa Bulletin, giving crucial updates on per-country priority date cutoffs that govern immigrant visa availability and the processing of adjustment of status applications for consular immigrant visa filings and approvals.
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Following two months of limited movement in the visa bulletin, the second quarter of the fiscal year brings significant progress in the Dates for Filing chart, particularly for India EB-1 and China EB-3 applicants. There are slight advancements for EB-2 applicants from all countries except India.
Highlights from the January 2024 Visa Bulletin
The bulletin includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former guides intending immigrants on when to file applications for adjustments of status or immigrant visas, while the latter indicates when such applications may be approved, leading to the granting of permanent residence.
Each month, the USCIS determines which chart to follow. For January 2024, the USCIS has opted to use the Dates for Filing chart for employment-based (EB) filings for adjustment of status. This decision has implications for individuals intending to file adjustment of status applications in January 2024, who must refer to the Dates for Filing chart.
To file an EB adjustment application in January 2024, foreign nationals must possess a priority date earlier than the listed date for their preference category and country. For categories with specific dates listed, only applicants with a priority date earlier than the specified date may submit their applications.
Final action dates are used to determine when an immigrant visa or green card application can be adjudicated. Depending on your specific visa category and country of chargeability, these dates will determine the progress of your immigration process.
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Family-sponsored applications
FINAL ACTION DATES
| Family-Sponsored | INDIA |
| F1 | 1 January 2015 |
| F2A | 1 November 2019 |
| F2B | 1 October 2015 |
| F3 | 22 Apeil 2009 |
| F4 | 15 November 2005 |
DATES FOR FILING
| Family- Sponsored | INDIA |
| F1 | 1 September 2017 |
| F2A | 1 September 2023 |
| F2B | 1 January 2017 |
| F3 | 1 March 2010 |
| F4 | 22 February 2006 |
Employment-based preferences
First: Priority Workers: 28.6% of the global employment-based preference level, along with any surplus numbers not utilized for fourth and fifth preferences.
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Second: Members of the Professions Holding Advanced Degrees or Individuals of Exceptional Ability: 28.6% of the global employment-based preference level, plus any numbers not needed by the first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, along with any numbers not required by the first and second preferences, with a cap of 10,000 allocated to “Other Workers.”
Fourth: Certain Special Immigrants: 7.1% of the global level.
Fifth: Employment Creation: 7.1% of the global level, with 32% designated as follows: 20% set aside for qualified immigrants investing in rural areas; 10% reserved for qualified immigrants investing in high unemployment areas; and 2% reserved for qualified immigrants investing in infrastructure projects. The remaining 68% is unrestricted and allocated for all other eligible immigrants.
FINAL ACTION DATES
| Employment-based | INDIA |
| 1st | 1 September 2020 |
| 2nd | 1 March 2012 |
| 3rd | 1 June 2012 |
| Other Workers | 1 June 2012 |
| 4th | 15 May 2019 |
| Certain Religious Workers | 15 May 2019 |
| 5th Unreserved(including C5, T5, I5, R5) | 1 December 2020 |
| 5th Set Aside:Rural (20%) | Current |
| 5th Set Aside:High Unemployment (10%) | Current |
| 5th Set Aside:Infrastructure (2%) | Current |
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DATES FOR FILING
| Employment-based | INDIA |
| 1st | 1 January 2021 (was 1 July 2019) |
| 2nd | 15 May 2012 |
| 3rd | 1 August 2012 |
| Other Workers | 1 August 2012 |
| 4th | 1 September 2019 |
| Certain Religious Workers | 1 September 2019 |
| 5th Unreserved(including C5, T5, I5, R5) | 1 April 2022 |
| 5th Set Aside:(Rural – 20%) | Current |
| 5th Set Aside:(High Unemployment – 10%) | Current |
| 5th Set Aside:(Infrastructure – 2%) | Current |
