The U.S. Department of State (DOS) released the September 2024 Visa Bulletin providing the immigrant visa number availability to file for and obtain legal permanent residency (immigrant or “green card” status).
For those interested in holding green card status, it is very important to check the Visa Bulletin each month to learn if a visa number is available to apply for a green card based on their priority date (place in line). A foreign national who is eligible to file for the green card in the month noted in the Visa Bulletin chart should file that month, since the visa numbers can slide backwards (retrogress) in successive months, making the foreign national ineligible until the visa number becomes available again.
Please see below for the relevant Visa Bulletin charts.
Applicants for adjustment of status who have a priority date earlier than the date in Visa Bulletin chart used by USCIS may file their Forms I-485. Each month, USCIS releases information on which chart it will use – the final action dates or the filing dates chart. The Form I-485 provides lawful status in the US for those who are eligible to adjust.
Employment-based green card adjustment of status applicants (Form I-485) must use the Final Action dates chart from DOS’s September 2024 Visa Bulletin to determine if their priority date is current for filing the Form I-485 application to adjust status. For family-based green card adjustment of status cases, USCIS announced that for September 2024 applicants in all family-sponsored preference categories must use the Dates for Filing chart.
For family-based cases, the priority date is the date that the Form I-130 was filed for the alien relative. For employment-based cases, the priority date is the date that the PERM labor certification, or if not required, the Form I-140 was filed. The listing of a date for any category indicates that only applicants with a priority date that is earlier than the listed date may file their application.
In the charts below, the “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The “U” listing indicates that the numbers for that category are not authorized for issuance.
FINAL ACTION DATES FOR EMPLOYMENT-BASED ADJUSTMENT OF STATUS APPLICATIONS
Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01NOV22 | 01FEB22 | C | C |
| 2nd | 15MAR23 | 01MAR20 | 15JUL12 | 15MAR23 | 15MAR23 |
| 3rd | 01DEC20 | 01SEP20 | 22OCT12 | 01DEC20 | 01DEC20 |
| Other Workers | 01DEC20 | 01JAN17 | 22OCT12 | 01DEC20 | 01MAY20 |
| 4th | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 |
| Certain Religious Workers | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 |
DATES FOR FILING FOR FAMILY-SPONSORED ADJUSTMENT OF STATUS APPLICATIONS
Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.
| Family-Sponsored | All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 01SEP17 | 01SEP17 | 01SEP17 | 01APR05 | 22APR15 |
| F2A | 15JUN24 | 15JUN24 | 15JUN24 | 15JUN24 | 15JUN24 |
| F2B | 01JAN17 | 01JAN17 | 01JAN17 | 01MAY05 | 01OCT13 |
| F3 | 01JAN11 | 01JAN11 | 01JAN11 | 15JUN01 | 08NOV03 |
| F4 | 01MAR08 | 01MAR08 | 15JUN06 | 30APR01 | 01APR06 |
It has become necessary for the DOS to retrogress the final action dates for the Employment-Based Third Preference (EB-3) category for applicants from the Rest of the World, Mexico, and the Philippines. Similarly, retrogression is also required for the “Other Workers” (EW) category for the Rest of the World and Mexico.
Throughout this fiscal year, both USCIS and the DOS have seen a consistent rise in demand for employment-based visas. Due to this increase, it’s anticipated that the majority of employment-based preference categories for FY 2024 will likely hit their annual limits by September, if not earlier. Should any category reach its annual limit, it will be immediately marked as “unavailable,” and no further visa requests within that category will be processed.