October 2024 Visa Bulletin Updates

By admin From my Desk September 11, 2024

This morning, on September 11, 2024, the U.S. Department of State (DOS) released the October 2024 Visa Bulletin, marking the beginning of Fiscal Year 2025 (FY25). Unfortunately, as many had feared, the first visa bulletin of the new fiscal year brought less forward movement than was hoped for across many key employment-based visa categories.

At ALO, we understand how critical this information is for our clients and anyone navigating the complex U.S. immigration process. Below, we summarize the major changes and what they could mean for your case.

Understanding Final Action Dates and Priority Dates

When reviewing the October 2024 Visa Bulletin, it’s important to focus on two key charts: Final Action Dates (Chart A) and Dates for Filing Applications (Chart B). The Final Action Dates chart shows when a visa number becomes available, which allows the U.S. Citizenship and Immigration Services (USCIS) or National Visa Center to move forward with your visa issuance or adjustment of status. If your Priority Date (the date your petition was filed) is earlier than the cutoff date listed in this chart for your visa category and country, you can proceed with the final steps. However, if your Priority Date falls after the Final Action Date, you will need to continue waiting for visa availability.

On the other hand, the Dates for Filing Applications (Chart B) allows applicants to submit their visa documentation before a visa number becomes available. If your Priority Date is earlier than the date listed in this chart, you can file your application for adjustment of status or consular processing, even though your case will only be finalized when your Priority Date becomes current in the Final Action Dates chart. For many, this is a crucial step to get their paperwork into the system early.

In the October 2024 bulletin, the Dates for Filing often show more forward movement than Final Action Dates, enabling applicants to start the process earlier, even if their final visa approval might take more time. It’s important to note, however, that filing early does not guarantee immediate approval.

Employment-Based, First Preference (EB1) Category

The EB1 category, which is for priority workers including multinational executives and individuals with extraordinary abilities, saw only slight progress in October 2024. Specifically:

China: The cutoff date is November 8, 2022.
India: The cutoff date is still February 1, 2022.
All Other Countries: EB1 remains current, meaning there is no wait for those chargeable to other countries.

For many, particularly from India, the stagnant cutoff date means continued long waits, whereas individuals from other countries will not experience delays in the processing of EB1 applications.

Employment-Based, Second Preference (EB2) Category

The EB2 category, which includes professionals with advanced degrees or exceptional abilities, brought mixed news:

China: The cutoff date is March 22, 2020.
India: No change, the date staying at July 15, 2012.
All Other Countries: The cutoff date is March 15, 2023.

This lack of movement for India remains a significant concern as the backlog continues to grow, leaving many applicants waiting for years. Meanwhile, China’s forward movement is a positive sign, though progress remains slow.

Employment-Based, Third Preference (EB3) Category

There was both advancement and retrogression in the EB3 category, which is reserved for skilled workers and professionals:

India: The cutoff date is November 1, 2012.
China: The cutoff date is April 1, 2020.
All Other Countries: The cutoff date is November 15, 2022.

For India, this forward movement offers some relief after years of stagnation. However, the retrogression for China reflects growing demand and a shrinking number of available visa numbers, which may further delay processing for Chinese nationals.

EB3 Other Workers

In the EB3 Other Workers category, which applies to unskilled workers, the movement mirrored that of EB3:

India: The cutoff date remains at November 1, 2012.
China: The cutoff date is January 1, 2017.
All Other Countries: The cutoff date is December 1, 2020.

Employment-Based, Fourth Preference (EB4) Category

The EB4 category, which is reserved for religious workers and certain special immigrants, remains stagnant:

All Countries: The date is January 1, 2021.

One notable development is that the EB4 program for certain religious workers is set to expire on September 30, 2024, unless Congress takes action to extend it. Should this lapse occur, certain EB4 visas would become unavailable, potentially affecting a range of applicants in this category.

Employment-Based, Fifth Preference (EB5) Category

In the EB5 category, reserved for immigrant investors, there was some notable movement:

China: The cutoff date advanced to July 15, 2016.
India: The cutoff date surged ahead to January 1, 2022.
All Other Countries: The EB5 category remains current, with no backlog for applicants chargeable to other countries.

This movement for India in the EB5 category is good news in this month’s bulletin, offering a pathway for investors to immigrate to the U.S. more quickly.

What These Changes Means For Employment- Based Preferences

The October 2024 Visa Bulletin reveals mixed results depending on your country of chargeability and the specific visa category you fall under. While some categories have seen modest forward movement, such as EB1 for China and EB2 for China, others – particularly applicants from India – continue to face extended waiting periods, especially in the EB2 and EB3 categories.

In addition to employment-based visa categories, the October 2024 Visa Bulletin also includes updates for family-sponsored preferences. These categories are crucial for those seeking to reunite with family members in the United States.

Below is a detailed summary of the changes for Family-Sponsored Preferences.

Family-Sponsored First Preference (F1)

F1 is for unmarried sons and daughters of U.S. citizens. In this category, there has been minimal movement:

All Countries (except Mexico and the Philippines): The cutoff date is now set at February 1, 2018.
Mexico: The cutoff date is March 1, 2001.
Philippines: The cutoff date remains at March 1, 2012.

For applicants in most countries, the waiting period continues to be long, with Mexico seeing an especially significant backlog.

Family-Sponsored Second Preference (F2A and F2B)

The F2A category is for spouses and children of lawful permanent residents, while F2B is for unmarried sons and daughters (21 years of age or older) of lawful permanent residents. Here’s the latest for these categories:

F2A:
All Countries: Remains current across the board, meaning no waiting period for this category—a rare positive note in this month’s bulletin.
F2B:
All Countries (except Mexico and the Philippines): The cutoff date remains at January 1, 2017.
Mexico: The cutoff date remains at March 1, 2001.
Philippines: The cutoff date remains at October 22, 2011.

While F2A continues to offer immediate visa availability, F2B remains subject to lengthy backlogs, particularly for applicants from Mexico and the Philippines.

Family-Sponsored Third Preference (F3)

The F3 category is for married sons and daughters of U.S. citizens. Unfortunately, the wait remains extensive:

All Countries (except Mexico and the Philippines): The cutoff date is now December 1, 2008.
Mexico: The cutoff date remains at August 15, 1998.
Philippines: The cutoff date is set at June 8, 2003.

Progress in this category is sluggish, with wait times stretching for more than a decade for applicants from Mexico and the Philippines.

Family-Sponsored Fourth Preference (F4)

The F4 category is for brothers and sisters of U.S. citizens. The long wait times in this category continue, with minimal forward movement:

All Countries (except India, Mexico, and the Philippines): The cutoff date remains at September 15, 2007.
India: The cutoff date remains set at October 22, 2005.
Mexico: The cutoff date remains at March 1, 1999.
Philippines: The cutoff date remains at August 22, 2002.

This category is known for having some of the longest wait times, especially for applicants from Mexico, where the cutoff date has not moved for several months.

What This Means for Family-Sponsored Applicants

For many applicants in the Family-Sponsored Preferences, the October 2024 Visa Bulletin offers little relief. While the F2A category remains current, most other categories continue to face long backlogs, with particularly severe delays for applicants from Mexico and the Philippines.

At ALO, we understand that these visa bulletins can have a profound impact on your immigration journey. We are committed to helping you navigate this complex issue. Whether you need assistance understanding your visa category, exploring alternatives, or adjusting your immigration strategy, our expert attorneys are here to provide guidance and support.

If you have any questions about how the October 2024 Visa Bulletin affects your case or need assistance with any aspect of your immigration process, don’t hesitate to contact us at ALO. We’re here to help you find the best path forward for your U.S. immigration journey.

This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).