State Department November 2024 Visa Bulletin Summary

The Department of State has released the November 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In November 2024, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing Employment-Based Preference chart. To be eligible to file an adjustment of status application in November 2024, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

The EB-1 Final Action Date for India will remain at February 1, 2022, and the Final Action Date for China will remain at November 8, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at July 15, 2012 and China will remain at March 22, 2020. All other countries will remain at March 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will remain at November 1, 2012, while China will remain at April 1, 2020. All other countries will remain at November 15, 2020.

The Final Action Dates for all EB-4 will remain at January 1, 2021 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at January 1, 2022, while China will remain at July 15, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

We note again that USCIS will accept adjustment of status applications under the Dates for Filing chart in November 2024. In order to be eligible to file an employment-based adjustment of status application, foreign nationals must have a priority date that is earlier than the Dates for Filing listed below:

EB-1  

China: January 1, 2023

India: April 15, 2021

All Other Countries: Current

EB-2  

China: October 1, 2020

India: January 1, 2013

All Other Countries: August 1, 2023

EB-3 Professionals and Skilled Workers  

China: November 15, 2020

India: June 8, 2013

All Other Countries: March 1, 2023

EB-3 Other Workers  

China: January 1, 2018

India: June 8, 2013

All Other Countries: May 22, 2021

EB-4

All Countries: February 1, 2021

EB-5 Unreserved (Regional Center and Non-Regional Center)

China: October 1, 2016

India: April 1, 2022

All Other Countries: Current

EB-5 Set-Asides

Rural: Current for all countries

High Unemployment: Current for all countries

Infrastructure: Current for all countries

USCIS Automatically Extends Green Card Validity from 24 to 36 Months for Green Card Renewals

As of September 10, 2024, USCIS has automatically extended the validity of Green Cards to 36 months (increased from the previous 24 months) for lawful permanent residents who properly file Form I-90, Application to Replace Permanent Resident Card when they have an expiring or expired green card. 

USCIS has updated the language on Form I-90 receipt notices to extend the validity of a Green Card for 36 months from the expiration date stated on the current Green Card. These receipt notices can be presented with an expired Green Card as evidence of continued status and employment authorization. The extension is intended to provide applicants experiencing longer processing times with proof of lawful permanent resident status while they wait for their renewed Green Card.

Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the Green Card validity extension for renewals may apply to your specific circumstances, please contact your team at D&S.

Department of State October 2024 Visa Bulletin Summary

The Department of State has released the October 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In September 2024, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing Employment-Based Preference chart. To be eligible to file an adjustment of status application in October 2024, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

The EB-1 Final Action Date for India will remain at February 1, 2022, and the Final Action Date for China will advance by one week to November 8, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at July 15, 2012 and China will advance by three weeks to March 22, 2020. All other countries will remain at March 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by one week to November 1, 2012, while China will retrogress by five months to April 1, 2020. All other countries will advance by almost two years to November 15, 2020.

In the fourth preference category EB-4, Minister and Non-Minister Religious Workers Program is set to expire on September 30, 2024. If Congress doesn't take any action to extend the dates beyond that date, the category will become “unavailable” after midnight on September 29. The Final Action Dates for all other EB-4 will remain at January 1, 2021 for all countries. 

With respect to the Final Action Date for the EB-5 Unreserved categories, India will advance by just over a year to January 1, 2022, while China will advance by seven months to July 15, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

We note again that USCIS will accept adjustment of status applications under the Dates for Filing chart in October 2024. In order to be eligible to file an employment-based adjustment of status application, foreign nationals must have a priority date that is earlier than the Dates for Filing listed below:

EB-1  

China: January 1, 2023

India: April 15, 2021

All Other Countries: Current

EB-2  

China: October 1, 2020

India: January 1, 2013

All Other Countries: August 1, 2023

EB-3 Professionals and Skilled Workers  

China: November 15, 2020

India: June 8, 2013

All Other Countries: March 1, 2023

EB-3 Other Workers  

China: January 1, 2018

India: June 1, 2013

All Other Countries: May 22, 2021

EB-4

All Countries: February 1, 2021

EB-5 Unreserved (Regional Center and Non-Regional Center)

China: October 1, 2016

India: April 1, 2022

All Other Countries: Current

EB-5 Set-Asides

Rural: Current for all countries

High Unemployment: Current for all countries

Infrastructure: Current for all countries

Department of State September 2024 Visa Bulletin Summary

The Department of State has released the September 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In September 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in September 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India will remain at February 1, 2022, and the Final Action Date for China will remain at November 1, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at July 15, 2012 and China will remain at March 1, 2020. All other countries will remain at March 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will remain at October 22, 2012, while China will remain at September 1, 2020. All other countries will retrogress by one year to December 1, 2020.

The Final Action Dates for all EB-4 will remain at January 1, 2021 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

The State Department anticipates that the worldwide Final Action Dates for EB-3 will advance in the October 2024 Visa Bulletin.

USCIS Announces Second FY2025 H-1B Cap Lottery Will Run

Today, the United States Citizenship and Immigration Service (USCIS) announced that they did not receive a sufficient number of submissions in the March 2024 lottery to meet the annual H-1B quota for Fiscal Year 2025 and will therefore run a second H-1B lottery of the unselected electronic registrations previously submitted. The Agency has indicated that the second selection process will begin "soon" and that they will notify prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the selected registration once the lottery has been conducted. 

While USCIS will not be conducting a second selection for the advanced degree exemption (the master’s cap), the second round of selection for the regular cap will include previously submitted registrations that indicated eligibility for the master’s cap along with those that indicated only eligibility for the regular cap.

D&S will closely monitor the progress of the second lottery and will continue to provide updates once USCIS announces that they have completed this second process of selections and notifications.

Update: USCIS has announced that as of today, August 5, 2024, the second H-1B cap lottery has been completed and the agency has now selected a sufficient number of registrations to reach the FY2025 regular H-1B cap and has notified all selected registrations.

August 2024 State Department Visa Bulletin Summary

The Department of State has released the August 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In August 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in August 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India will remain at February 1, 2022, and the Final Action Date for China will remain at November 1, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at June 15, 2021 and China will remain at March 1, 2020. All other countries will remain at March 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by one month to October 22, 2012, while China will remain at September 1, 2020. All other countries will remain at December 1, 2021.

The Final Action Dates for all EB-4 will remain at January 1, 2021 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

The State Department projects that the worldwide Final Action Dates for EB-3 will likely retrogress or become unavailable in the September 2024 Visa Bulletin.

White House and DHS Announce New Processes for Undocumented Spouses of U.S. Citizens and Dreamers with U.S. Degrees

On June 17, 2024, the Department of Homeland Security (DHS) announced certain actions to promote family unity in the immigration process, echoed by the White House on June 18. The White House and DHS’s announcements offer preliminary information on two new programs: a new pathway for undocumented spouses of U.S. citizens to obtain permanent residence, and a program to ease the employment visa process for DACA recipients who have a U.S. degree and a job offer.

Under current law, in order to apply for a green card, many undocumented spouses of U.S. citizens must first depart the United States and wait to be processed abroad. The new program would establish a process for eligible individuals to be able to apply for a green card without having to leave the United States, allowing DHS to consider requests for certain undocumented spouses of U.S. citizens who: have lived in the United States for at least 10 years; do not pose a threat to public safety or national security; are otherwise eligible to apply for adjustment of status; and merit a favorable exercise of discretion. 

To be eligible for the new program, an individual must: 

• Be present in the United States without admission or parole; 

• Have been continuously present in the United States for at least 10 years as of June 17, 2024; and 

• Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

In addition, undocumented children of potential requestors may be eligible if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024. DHS estimates that about 500,000 undocumented spouses of U.S. citizens could be eligible for the new process, as well as about 50,000 children of these spouses. DHS will consider requests from eligible individuals on a case-by-case basis.

In addition, DHS and the Department of State (DOS) will join efforts to facilitate certain employment-based nonimmigrant visas for DACA recipients and other Dreamers who have earned a U.S. degree and who have received a job offer from a U.S. employer in a field related to their degree. The White House and DHS announcements will allow these individuals to more quickly receive work visas, like H-1B visas and others.

Further information on the new programs and application processes is expected in the coming weeks. D&S is closely monitoring and will provide updates as they become available.

Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the White House and DHS announcements may affect your specific circumstances, please contact your team at D&S.

July 2024 State Department Visa Bulletin Summary

The Department of State has released the July 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In July 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in July 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India will advance by eleven months to February 1, 2022, and the Final Action Date for China will advance by two months to November 1, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will advance by two months to June 15, 2021 and China will advance by one month to March 1, 2020. All other countries will advance by two months to March 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by one month to September 22, 2012, while China will remain at September 1, 2020. All other countries will retrogress by eleven months and three weeks to December 1, 2021.

The Final Action Dates for all EB-4 will advance by two months to January 1, 2021 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

The State Department projects that the worldwide Final Action Dates for EB-3 will likely retrogress further or become unavailable in the August 2024 Visa Bulletin.

June 2024 State Department Visa Bulletin Summary

The Department of State has released the June 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In June 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in June 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date India will remain at March 1, 2021, and the Final Action Date for China will remain at September 1, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at April 15, 2021 and China will remain at February 1, 2020. All other countries will remain at January 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by one week to August 22, 2012, while China will remain at September 1, 2020. All other countries will remain at November 22, 2022.

The Final Action Dates for all EB-4 will remain at November 1, 2020 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

The State Department projects that the worldwide Final Action Dates for EB-2 and EB-3 will most likely retrogress in the July 2024 Visa Bulletin.

USCIS Adopts DOL’s Definition of “Science or Art” for Schedule A PERM Filings

USCIS issued new policy guidance to adopt the Department of Labor’s definition of “science or art” for certain PERM cases that bypass DOL review.

As background, while many EB-2 and EB-3 petitioners must submit a PERM to the DOL for certification before filing a Form I-140, Immigrant Visa Petition, for certain occupations referred to as “Schedule A” occupations, DOL has predetermined that there are not sufficient U.S. workers who are able, willing, qualified, and available, and employers are therefore able to submit the PERM directly to USCIS along with the I-140, bypassing the DOL.

Schedule A includes two groups, as defined by DOL: Group I, registered nurses and physical therapists; and Group II, beneficiaries with exceptional ability in the sciences or arts (except performing arts) and beneficiaries with exceptional ability in performing arts.

While USCIS already considered DOL regulations when adjudicating Schedule A occupations before this update, the updated policy guidance ensures consistency in USCIS’s application of Schedule A, and namely Group II, classifications.

USCIS’s Policy Manual now includes DOL’s definition of “science or art”: “any field of knowledge of skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in the knowledge or skill.”

The policy guidance clarifies that adjudicators should not confuse the requirements for designating a beneficiary under Schedule A, Group II (immigrants of exceptional ability in the sciences or arts, including performing arts) with the requirements to classify someone under the EB-2 category (for immigrants of exceptional ability in the sciences, arts, or business). While both DOL and USCIS regulations refer to noncitizens of "exceptional ability," each regulation defines the term "exceptional ability" differently.

DOL's standard for Schedule A, Group II designation is "widespread acclaim and international recognition accorded the alien by recognized experts in the alien's field," (similar to the standard used for the EB-1A category but distinct from the EB-2 category's requirement of "a degree of expertise significantly above that ordinarily encountered.").

For Schedule A, Group II cases, the documentation required must be accompanied by evidence of exceptional ability.

Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the updated guidance on Schedule A, Group II may apply to your circumstances, please contact your team at D&S.

The Department of State has released the May 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In May 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in May 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India will remain at March 1, 2012, and the Final Action Date for China will remain at September 1, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at April 15, 2021 and China will remain at February 1, 2020. All other countries will remain at January 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will remain at August 15, 2012, and China will remain at September 1, 2020. All other countries will remain at November 22, 2022.

The Final Action Dates for all EB-4 will remain at November 1, 2020 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

The State Department projects “very little to no forward movement” in employment-based immigrant visa categories in the coming months, due to the fact that many employment-based Final Action dates advanced in the April 2024 Visa Bulletin.

FY2025 H-1B Cap Registration Deadline Extended to 12 pm ET on March 25

USCIS has announced that it will be extending the H-1B cap registration deadline to March 25, 2024, at noon ET, due to a recent system outage. The registration period was originally scheduled to run only through noon ET on Friday, March 22, but employers will now have until noon ET on Monday, March 25.

Until noon ET on March 25, 2024, prospective petitioners and their legal counsel can register beneficiaries for the H-1B cap selection process and pay the associated registration fee using their myUSCIS organizational account. USCIS still intends to notify selected registrants by March 31, 2024.

Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the H-1B cap registration extension may apply to your circumstances, please contact your team at D&S.

Department of State April 2024 Visa Bulletin Summary

The Department of State has released the April 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In April 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in April 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India will advance by five months to March 1, 2021, and the Final Action Date for China will advance by six weeks to September 1, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will advance by six weeks to April 15, 2021 and China will advance by one month to February 1, 2020. All other countries will advance by seven weeks to January 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by six weeks to August 15, 2012, and China will remain at September 1, 2020. All other countries will advance by two and a half months to November 22, 2022.

In the fourth preference category EB-4, Minister and Non-Minister Religious Workers Program is set to expire on March 22, 2024. If Congress doesn't take any action to extend the dates beyond that date, the category will become “unavailable” after midnight on March 24.

With respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

In addition, the State Department projects “very little to no forward movement” in employment-based immigrant visa categories in the coming months, due to the fact that many employment-based Final Action dates will advance in the April 2024 Visa Bulletin.