The Department of State (DOS) has issued its August 2024 Visa Bulletin. Compared to previous months with significant movement, this month shows a slowdown in the forward movement of priority dates for both the employment-based and family-based immigrant visa categories. No categories will retrogress in August. 

In the employment-based categories, there will be forward movement for nationals of India in the EB-2 and EB-3 categories in August. The final action dates for both will advance by one month. All the other categories will remain the same.  The DOS has indicated that EB-3 for nationals of all countries except for India and China may retrogress in September or become unavailable due to high demand. 

Insofar as the family-based categories' final action dates, the only movement is in the F-2B category for nationals of Mexico, which will move forward by one week. All other family-based categories will remain the same.

USCIS will continue to honor the Dates for Filing Chart for family-based immigrant petitions in August. 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-2A, F-3, and F-4 will move forward and these dates are still further ahead than the Final Action Dates, so beneficiaries of family-based immigrant petitions who are in the United States 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 categories’ final action dates, we will see forward movement in the EB-2 and EB-3 categories for the nationals of India. Both will move forward by one month.

All other employment-based categories will stay the same in August.

Here’s a chart for easy reference:

Family-based Movement

In terms of the family-based categories' final action dates, the only movement is in the F-2B category for nationals of Mexico, which will move forward by one week. All other family-based categories will remain the same. 

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-2A category for nationals of all countries, F-3 category for nationals of all countries, except Mexico and the Philippines, and F-4 category for nationals of Mexico. 

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 August 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 August. 

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 blog post on this topic and our podcast available here. 

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