US visa bulletin for Sept:1 year setback for many, except India and China

The retrogression in the EB-3 category will lead to extended wait times for green cards. Applicants in affected countries will face delays in the application process.

The US State Department has released the September Visa Bulletin, which shows a retrogression by one year for all countries, except for India and China, under EB-3 including Mexico and the Philippines. The EB-3 visa is an employment-based immigrant visa category for skilled workers, professionals, and other workers seeking permanent residency in the United States. This monthly update is important if you’re waiting for a green card because it shows how long you might have to wait.  

Key Changes:

• EB-3 Retrogression: Most countries, including Mexico and the Philippines, experienced a one-year setback in the EB-3 category. This means the priority date for these applicants has moved back to December 1, 2020.
• No Change for India and China: Applicants from India and China in the EB-3 category were unaffected by the retrogression.

This development will result in extended wait times for green cards for many applicants in the EB-3 category. It's important for those affected to stay informed about visa bulletin updates and consult with an immigration attorney for guidance.

No Significant Changes for Most EB-1 Categories in September Visa Bulletin

The September 2024 Visa Bulletin indicates minimal changes for most EB-1 categories.

• EB-1 India and China: The priority dates for these categories remain at February 1, 2022, and November 1, 2022, respectively.
• Other Countries: Most other countries in the EB-1 category have maintained their "current" status, indicating no immediate movement in priority dates.

This means that applicants from India and China in the EB-1 category will continue to face significant wait times. For applicants from other countries, the situation remains unchanged for now.

• The Visa Bulletin is a monthly update that provides information on visa availability. It's essential to check the bulletin regularly for the latest updates and changes. 
• The September Visa Bulletin issued by the State Department outlines the Final Action deadlines for the approval of a change of status application or the issuance of an immigrant visa.
• The September Visa Bulletin outlines the number of immigrant visas available in September for setting Final Action Dates and Dates for Filing Applications, showing when applicants for immigrant visas should be informed to gather and submit the necessary documents to the National Visa Center.

The US Department of State has reported increased demand for employment-based visas. This surge in applications, combined with existing quotas, has contributed to the visa backlogs.

Final Action Dates for Employment-Based Preference Cases

 Based on the September 2024 Visa Bulletin from the State Department, the Final Action cutoff dates for the issuance of an employment-based immigrant visa or approval of an adjustment of status application are as follows:

• EB-1: All other countries will remain unchanged as Current. India will remain at February 1, 2022. China will stay at November 1, 2022.
• EB-2: China will remain at March 1, 2020. India will remain at July 15, 2012. All other countries will remain at March 15, 2023.
• EB-3 Professionals and Skilled Workers: India will remain at October 22, 2012,  while China will remain at September 1, 2020. All other countries retrogress by one year.
• EB-3 Other Workers: India will remain at October 22, 2012 and China will remain at January 1, 2017. Philippines will be at May 1, 2010. All other countries retrogress by one month.
• EB-5 Unreserved categories (C5, T5, I5, and R5): India will remain at December 1, 2020 and China will remain at December 15, 2015. Other countries will remain current.
• EB-5 set-aside categories such as Rural, High Unemployment, and Infrastructure   will remain current for all countries.

EB 1
China: November 1, 2022

India: February 1, 2022

All other countries: Current

EB-2:

China: March 1, 2020

India: July 15, 2012

All other countries: March 15, 2023

EB-3 Professionals and Skilled Workers:

China: September 1, 2020

India: October 22, 2012

All other countries: December 1, 2020

EB-3 Other Workers:

China: January 1, 2017

India: October 22, 2012

Philippines: May 1, 2020

All other countries: December 1, 2020

EB-4:

All countries: January 1, 2021

EB-5 Unreserved (Regional Center and Non-Regional Center):

China: December 15, 2015

India: December 1, 2020

All other countries: Current

The September 2024 Visa Bulletin reflects a surge in demand for employment-based visas. Due to this increased demand, the U.S. Department of State has had to adjust visa availability, leading to delays for many applicants.

• Visa Limits Approaching: The overall number of employment-based visas for the fiscal year is nearing its limit, causing processing delays.
• Potential for Further Changes: The rapid pace at which visa limits are being reached suggests possible future adjustments to visa availability.

For the fiscal year 2024, the cap on family-sponsored preference immigrants stands at 226,000 while the limit for employment-based preference immigrants is 160,791. 

The cap on preference immigrants from each country is established at 7% of the combined annual limits for family-sponsored and employment-based preferences, implying that the quota for FY-2024 is 27,075. Additionally, the dependent area limit is established at 2%, equating to 7,736.

The EB-5 Visa, also referred to as the employment-based fifth preference visa, accounts for 7.1% of the global employment creation, with 32% set aside in the following categories: 20% for immigrants who invest in rural regions, 10% for those investing in areas with high unemployment, and 2% for those investing in infrastructure projects. The remaining 68% are not allocated in advance and are distributed among all immigrants who meet the qualifications.