The Department of State (DOS) has issued its October 2024 Visa Bulletin. October 1 marks the start of a new fiscal year, so all the immigrant visa categories typically benefit from new visa numbers, and most immigrant visa applicants see progress in their place in line for permanent residence. 

With employment-based categories, the most significant development in October is the advancement of almost two years in the EB-3 category for nationals from all countries excluding India and China. While EB-3 India advances by seven days, the priority date for EB-3 China will retrogress by five months.  All other categories either have no movement or inch forward by one to three weeks. 

Family-based final action dates show little movement except for the F-2A category, and nationals of Mexico, who will see their priority dates advance in all categories. 

While the October Visa Bulletin has been quite disappointing in forward movement, the good news is that USCIS will honor the Dates for Filing Chart for both employment and family-based petitions in October (charts provided further below). Most of these dates have advanced and tend to be further ahead than the Final Action Dates, so beneficiaries of immigrant visa petitions can get their applications filed and obtain interim benefits until the government can actually approve their green card application.   

Employment-Based Movement 

The EB-1 category remains open worldwide, except for Indian and Chinese nationals. The priority date remains the same for Indian nationals, and there is an incremental advancement of seven days for Chinese nationals. The EB-2 category stays the same except for nationals of China for whom the priority date will move forward by three weeks. 

The most notable movement in this month’s Visa Bulletin is in the EB-3 category. Following last month’s major retrogression of twelve months, there is a significant advancement of almost two years for nationals from all countries excluding India and China. EB-3 India advances by seven days. Unfortunately, in October, the priority date for Chinese nationals will retrogress by five months.

Here’s a chart for easy reference:

That said, USCIS will honor the Dates for Filing chart (further below) where we will see forward movement in all employment-based visa categories except for EB-3 China, which will retrogress by eight months.

Family-based Movement

The F-1 category does not move forward in October except for nationals of Mexico for whom the priority date will advance by seven months and twenty-one days. 

In the F-2A category, nationals of all countries except for Mexico will move forward by seven days. For nationals of Mexico, the date will move forward by one month and seven days. 

The F-2B and F-3 categories do not move forward in October except for nationals of Mexico for whom the priority dates will advance by six months in the F-2B category and five months and twenty-one days in the F-3 category. 

Lastly, in the F-4 category, only nationals of Mexico and India will see movement in priority dates.  F-4 for Mexican nationals will advance by fourteen days and by five weeks for nationals of India.

Here’s a chart for easy reference:

As mentioned previously, USCIS will honor the Dates for Filing chart (further below) for the family-based immigrant visa categories. 

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 October 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 October. 

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.