The Department of State (DOS) has issued its January 2024 Visa Bulletin. As we wrap up 2023 and start 2024, the DOS brought us a pleasant surprise for the new year.  After several months of very little progress in priority dates, we finally will see forward movement in many employment-based immigrant visa categories and final action dates for the family-based immigrant visa categories. And, there will be no retrogressions in any of the categories in January, which is always welcome news. 

For employment-based categories, we will have significant forward movement in all categories. Most notably, the final action dates for the EB-1 category for nationals of India will advance by three years and eight months!  For the EB-2 category, the final action date for nationals from all countries except for China and India will advance forward by three months and seventeen days, and eight months in the EB-3 category. The dates for filing for employment-based categories also moved forward. In dates for filing, nationals of India in the EB-1 category experience a one-year and six-month advancement from last month, while EB-3 China moves forward by ten months.

For several family-based categories, there also is forward movement in the final action dates. The F-2A category for nationals of all countries will advance by over eight months. For nationals of Mexico, there is also movement in F-2B and F-3. Significantly, the F-2B category for Mexico will move forward by one-year, five-months, and 21 days in January. For nationals of the Philippines, there is also forward movement in F-4 by one month and 23 days. 

Additional good news is that USCIS will continue to honor the Dates for Filing Chart for both employment and family-based immigrant petitions in January (charts provided further below). For the first time since October, there will be progress in the Dates for Filing for the employment-based categories in January. Although there will be no movement in the family-based categories for the Dates for Filing, these dates are further ahead than the Final Action Dates, so beneficiaries of immigrant petitions can get their applications filed and obtain interim benefits for employment and travel until the government can actually approve their green card application.

Employment-Based Movement 

In January, for employment-based categories, we will have forward movements in all categories. Nationals of India in the EB-1, EB-2, and EB-3 categories all move forward in their final action dates. Notably, the EB-1 category advances by three years and eight months. All three employment-based categories for nationals of China will have similar progress with the largest forward movement jump in the EB-3 category by seven months and ten days. 

Here’s a chart for easy reference:

Family-based Movement

For the family-based categories, the F-2A category for nationals of all countries, including Mexico and the Philippines, advances by eight months and twenty-four days. For nationals of Mexico, there is significant movement in the F-2B category, which will advance by one year, five months, and 21 days from last month. For nationals of the Philippines, apart from movement in F-2A, there will be forward movement in F-4 by one month and 23 days. The F-1 category is the only category in which we do not see any movement. It will remain the same in January. 

Here’s a chart for easy reference:

By way of reminder, the categories are:

• F-1 category:  unmarried sons and daughters of U.S. citizens

• F2-A category: spouses and children under 21 of lawful permanent residents

• F2-B category: unmarried adult children (over 21) of lawful permanent residents

• F-3 category:  married sons and daughters of U.S. citizens

• F-4 category:  siblings of U.S. citizens

WHAT DATES IN THE VISA BULLETIN SHOULD YOU USE FOR FILING YOUR ADJUSTMENT OF STATUS APPLICATION WITH USCIS?

If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, then USCIS will state here that you may use the Dates for Filing Visa Applications chart in the Department of State Visa Bulletin, which usually has dates later than the Final Action Dates noted above. Otherwise, USCIS will indicate on its website that you must use the Application Final Action Dates chart (above) to determine when you may file your adjustment of status application in the United States.

For January 2024, USCIS has confirmed the Dates for Filing (below) should be used for both family and employment-based categories.

If the priority date for your employment or family-based category is before the date listed above and you are in the United States, you may file your application to adjust your status along with the applications for employment authorization and travel permission (assuming you have no bars to admissibility) with USCIS in January. 

The entire visa bulletin is available on the State Department’s website, which includes information on Chathe diversity visa lottery and the EB-5 priority dates. 

If you would like more information on how to understand the monthly visa bulletin, please check out our blog post on this topic.

This alert is for informational purposes only.  Please contact us if you would like to discuss these developments further.