May 2024 US visa bulletin: Progress in family-sponsored visas from India

The US Citizenship and Immigration Services (USCIS) has released the May 2024 Visa Bulletin. It notes minor changes in the employment-based visa categories but shows progress in family-sponsored Green Card applications from India.

Here's a breakdown of the May 2024 US visa bulletin for Indians.

The visa bulletin is divided into two main parts to assist applicants:

Dates for filing: This indicates when you can begin submitting your applications for adjustment of status or immigrant visas, based on your visa category and country.

Final action dates: These dates estimate when your application might be approved, leading to permanent residency.

For employment-based categories, particularly the EB (Employment-Based Green Card) adjustments, to file in May 2024, your application date must be earlier than the dates listed for your category and country, as specified in the bulletin.

Provisions for family-sponsored visas

Family members, such as spouses and children of preference immigrants, receive the same consideration as the principal applicant.

For countries with a high demand for visas, such as China, India, Mexico, and the Philippines, prorating provisions are enacted when the demand exceeds the per-country caps set by US immigration law. This means adjustments are made to distribute visas as equitably as possible among all applicants from these regions.

"Final Action Dates" for family-sponsored categories for India

F1 (Unmarried sons and daughters of US citizens): Moved to July 8, 2015 from February 8, 2015.

F2A (Spouses and children of permanent residents): Advanced to June 1, 2021 from September 8, 2020.

F2B (Unmarried sons and daughters of permanent residents, 21 and older): Now at April 1, 2016, was November 22, 2015.

F3 (Married sons and daughters of US citizens): Updated to January 1, 2010 from October 1, 2009.

F4 (Brothers and sisters of adult US citizens): Shifted to January 15, 2006 from December 15, 2005.

Employment-based preferences breakdown

The employment-based categories are designed to meet different skills and investment criteria:

1st Preference (EB-1, Priority Workers): 28.6% of the global employment-based preference level.

2nd Preference (EB-2, Professionals with Advanced Degrees or Exceptional Ability): Also takes 28.6% of the global level.

3rd Preference (EB-3, Skilled Workers and Professionals): Allocated 28.6% globally, with a specific cap for 'Other Workers'.

4th Preference (EB-4, Special Immigrants): Accounts for 7.1% of the global level.

5th Preference (EB-5, Investors): Also set at 7.1% of the global level, with portions set aside for investments in rural and high unemployment areas, as well as infrastructure projects.

Each category has specific allocations and set-asides, affecting applicants from various countries differently.

Annual limits and per-country restrictions

For financial year 2024, the family-sponsored preference limit is set at 226,000, while the employment-based preference limit is at least 140,000. Each country faces a cap of 7% of these totals, which equates to 25,620, ensuring no single country overwhelmingly benefits from the US immigration system.

Application process and final action dates

Applicants need to track the "Final Action Dates" to understand when they might move forward with their applications. When there are more visas available than applicants, USCIS updates its guidelines, potentially allowing earlier filings.

Final Action Dates for employment-based preferences (India)
 

EB-1: Unchanged at March 1, 2021.

EB-2: Set at April 15, 2012.

EB-3 and Other Workers: Both categories hold at August 15, 2012.

EB-4 and Certain Religious Workers: Currently at November 1, 2020.

EB-5 (Unreserved and Set-Aside Categories): Dates vary with some remaining current, reflecting availability for applicants.

Dates for filing
 

Employment-based preferences:

EB-1 through EB-5: Various dates ranging from current to specific cut-offs in 2020 and 2022, allowing applicants to gauge when to file their applications effectively.