The Department of State (DOS) has issued its September 2024 Visa Bulletin. Compared to previous months where priority dates inched forward, September shows no forward movement of priority dates in any visa category. There will also be a significant retrogression of 12 months in the final action dates for the EB-3 employment-based immigrant visa category for all nationals except China and India.  

For all family-based categories, there is no movement and priority dates remain the same. 

USCIS will continue to honor the Dates for Filing Chart for family-based immigrant petitions in September. However, employment-based immigrant petitions will need to use the Final Action Dates Chart. While none of the filing dates for any family-based category have moved forward, 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 all employment-based categories, we will have no forward movement in September. 

Unfortunately, in September, the EB-3 category for nationals from all countries, excluding China and India, will move backward by twelve months. For nationals of China and India, the priority date in EB-3 will remain the same.

Here’s a chart for easy reference:

Family-based Movement

Family-based final action dates see no movement from last month.  

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 September 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 September. 

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.