The Department of State (DOS) has issued its May 2024 Visa Bulletin. In May, there will only be forward movement in the family-based immigrant visa categories. All the employment-based categories will stay the same.  Fortunately, none of the categories will retrogress.

In terms of the family-based categories final action dates, all categories will move forward. The F-1 category will advance by five months for nationals of all countries, except for nationals of Mexico, which will move forward by five months and fourteen days, and for nationals of Philippines, for whom the date remains the same. Similarly, the F-2A, F-2B, F-3, and F-4 categories will also move forward. Notably, the F-3 category for nationals of Mexico will advance by ten months and fourteen days.

USCIS will continue to honor the Dates for Filing Chart for family-based immigrant petitions in May. However, employment-based immigrant petitions will need to use the Final Action Dates Chart. This month, the filing dates for the family-based categories such as F-2B, F-3 and F-4 all will move forward and these dates are still further ahead than the Final Action Dates, so beneficiaries of family-based 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 

For the employment-based final action dates, there will be no forward movement in any of the categories. All the dates will remain the same in May. 

Here’s a chart for easy reference:

Family-based Movement

For family-based categories, all categories will move forward. The F-1 category will advance by five months for nationals of all countries, except for nationals of Mexico, which will move forward by five months and fourteen days, and for nationals of Philippines, for whom the date remains the same.

In the F-2A category, nationals of all countries, including nationals of the Philippines, will move forward by eight months and twenty-four days. For nationals of Mexico, the date will move forward by two months and twenty-four days. In the F-2B category, for nationals of all countries we will see forward movement by four months and ten days, while for nationals of Mexico, we will see movement by four months and eight days. Unfortunately, in the F-2B category, the date for nationals of the Philippines remains the same.

The F-3 category for nationals of all countries will advance by three months. Notably, the F-3 category for nationals of Mexico will advance by ten months and fourteen days and for nationals of the Philippines, it will advance by one month and twenty-four days.

Lastly, the F-4 category will move forward for nationals of all countries, including for nationals of India, Mexico and Philippines. 

That said, USCIS will honor the Dates for Filing chart (further below) for family-based categories in which we will see forward movement in the F-2B category for nationals of Mexico, F-3 category for nationals of all countries, and F-4 category for nationals of India, Mexico, and the Philippines. 

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 May 2024, USCIS has confirmed the Dates for Filing (below) should be used for family-based categories. Employment-based categories must use the Final Action Dates (above).

If the priority date for your 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 May. 

The entire visa bulletin is available on the State Department’s website, which includes information on the 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 podcast and blogpost on this topic.

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