By: Marcus Hobson and Mahsa Aliaskari

October 1 marks the start of the government’s fiscal year, signaling the release of at least 140,000 new employment-based immigrant visa numbers to be allocated across categories and nationalities in the new fiscal year.  With the exception of one particular subsection, the October 2024 Visa Bulletin reflects a modest forward movement across many of the employment-based visa categories.

Key Takeaways for Employers and Applicants

  • USCIS is honoring “Dates for Filing” chart where the priority dates are more favorable, allowing eligible applicants to file adjustment applications sooner. This is crucial for individuals who may be running out of time on their temporary employment visas or those with children who are it risk for turning 21 and aging out.  See our prior blog for an explanation on Final Action Date chart vs. Dates of Filing chart.
  • Action Steps: Those with current priority dates listed in the “Dates for Filing” chart are eligible to submit their I-485 Adjustment of Status application from October 1 to October 31, and encouraged to complete the filings promptly.  USCIS is not required to continue using the “Date of Filing” chart in future months, it is crucial that eligible applicants submit their application by end of October. 

Final Action Date Charts Analysis

EB-1 The category for first preference workers, including multinational executives and those with extraordinary abilities, remains current for most countries.

EB-2 (China and India): While these dates have held steady without advancement, the prolonged wait times continue to challenge employers seeking to retain highly skilled professionals in key sectors. India, in particular, faces a significant backlog, with priority dates set in 2012.

EB-3 (China Retrogression): A significant development is the additional retrogression for Chinese national  in the EB-3 category. This move pushes the Final Action Dates priority date back by four months to April 1, 2020, affecting professionals and skilled workers, and introducing further delays in obtaining green cards for these individuals. .

EB-3 (India and Others): For other countries, including India, the EB-3 category has shown slight advancements. This is a positive sign, although the overall waiting period remains lengthy.

Other Workers Category The “Other Workers” category, including unskilled workers, remains backlogged for several countries, with limited movement. This emphasizes the need for strategic planning when considering the use of this category for workforce expansion.

EB-5 The reserved visa categories for rural, high unemployment, and infrastructure areas are expected to remain open for most, if not all, of FY2025. Applicants from China, India, and other countries can continue to file adjustment of status applications at the reduced investment level of $800,000, which offers significant benefits like 5-year work and travel permits. Additionally, the Final Action Date for Chinese applicants advanced by seven months, and for Indian nationals, it moved forward by over a year, allowing more Indians to  receive conditional green cards.

Strategic Considerations for Employers

  • Workforce Planning: Employers with candidates in the EB-2 and EB-3 categories should evaluate the potential impacts on their workforce planning.
  • Timely Filing: With USCIS accepting the “Dates for Filing” chart in October, there is an opportunity to secure travel and work authorization documents based on the submission of the I-485 Adjustment of Status Application. These authorizations offer individuals and companies greater flexibility in employment and international travel, so it is important not to miss this window. 

Looking Ahead

The October 2024 Visa Bulletin provides both challenges and opportunities for employment-based immigration. While retrogression in certain categories adds complexity, USCIS’ acceptance of the “Dates for Filing” chart for I-485 Adjustment of Status filings offers a welcomed window of opportunity for many applicants. As priority dates shift in either direction each month, the November Visa bulletin will offer further insight into what the new fiscal year may hold.