February 2024 Visa Bulletin – No Notable Employment-based Category Movement

The U.S. State Department has released the February 2024 Visa Bulletin which is the fifth Visa Bulletin for the new fiscal year.  The headline in the upcoming month’s Visa Bulletin is the lack of notable movement among most employment-based categories with continued outlook for very slow (if any) forward movement in the coming months. Which India and China Employment-based Applicants Are Eligible to File I-485 in February? By using the Dates for Filing, USCIS will allow the following India and China applicants to file I-485 in the month of February 2024:

India

  • EB-1 India with priority date (PD) (approved or pending I-140) before January 1, 2021;
  • EB-2 India with PD before May 15, 2012;
  • EB-3 India with PD before August 1, 2012.

China

  • EB-1 China with priority date (PD) (approved or pending I-140) before January 1, 2023;
  • EB-2 China with PD before June 1, 2020;
  • EB-3 China with PD before July 1, 2021.

EB-2 to EB-3 China Downgrade Opportunities EB-2 China applicants without pending I-485 who have a priority date between June 1, 2020 and July 1, 2021 may benefit from EB-3 downgrade with a concurrent I-485 filing.  Please contact us for analysis and a flat fee quote for the process.  See our alert on the mechanics and benefits of downgrading EB-2 to EB-3.

Summary of the February 2024 Visa Bulletin – Employment-Based (EB)

EB Category Feb 2024 Jan 2024 Change
Employment Application Final Action Dates (determines when an I-485 or IV can be approved)
EB-1 ROW, MX, PH C  C No change
EB-1 India Sep 1, 2020 Sep 1, 2020 No change
EB-1 China Jul 1, 2022 Jul 1, 2022 No change
EB-2 ROW, MX, PH Nov 15, 2022 Nov 1, 2022 Forward by 2 weeks
EB-2 India Mar 1, 2012 Mar 1, 2012 No change
EB-2 China Jan 1, 2020 Jan 1, 2020 No change
EB-3 ROW Sep 1, 2022 Aug 1, 2022 Forward by 1 month
EB-3 India Jul 1, 2012 Jun 1, 2012 Forward by 1 month
EB-3 China Sep 1, 2020 Sep 1, 2020 No change
EB-3 Mexico Sep 1, 2022 Aug 1, 2022 Forward by 1 month
EB-3 Philippines Sep 1, 2022 Aug 1, 2022 Forward by 1 month
Dates for Filing Employment Visa Applications (determines when an I-485 can be filed)
USCIS will determine and announce within a week – please check USCIS’s site.
EB-1 ROW, MX, PH Current Current No change
EB-1 India Jan 1, 2021 Jan 1, 2021 No change
EB-1 China Jan 1, 2023 Jan 1, 2023 No change
EB-2 ROW, MX, PH Feb 15, 2023 Feb 15, 2023 No change
EB-2 India May 15, 2012 May 15, 2012 No change
EB-2 China Jun 1, 2020 Jun 1, 2020 No change
EB-3 ROW Feb 1, 2023 Feb 1, 2023 No change
EB-3 India Aug 1, 2012 Aug 1, 2012 No change
EB-3 China Jul 1, 2021 Jul 1, 2021 No change
EB-3 Mexico Feb 1, 2023 Feb 1, 2023 No change
EB-3 Philippines  Jan 1, 2023  Jan 1, 2023 No change

Please note that USCIS will determine and publish, about a week after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates.

Summary of the February 2024 Visa Bulletin – Family-Based (FB)

FB Category Feb 2024 Jan 2024 Change
Family Application Final Action Dates (determines when an I-485 or IV can be approved)
FB-1 ROW, China, India Jan 1, 2015 Jan 1, 2015 No change
FB-1 Mexico May 1, 2001 May 1, 2001 No change
FB-1 Philippines Mar 1, 2012 Mar 1, 2012 No change
FB-2A ROW, China, India, Philippines Feb 8, 2020 Nov 1, 2019 Forward by 3 months
FB-2A Mexico Feb 1, 2020 Oct 22, 2019 Forward by 3 months
Dates for Filing Family Visa Applications (determines when an I-485 can be filed)
USCIS will determine and announce within a week – please check USCIS’s site.
FB-1 ROW, China, India Sep 1, 2017 Sep 1, 2017 No change
FB-1 Mexico Apr 1, 2005 Apr 1, 2005 No change
FB-1 Philippines Apr 22, 2015 Apr 22, 2015 No change
FB-2A ROW, China, India, Philippines Sep 1, 2023 Sep 1, 2023 No change
FB-2A Mexico Sep 1, 2023 Sep 1, 2023 No change

USCIS will determine and publish separately, a few days after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates.

Future Expectations for I-485 Filings for EB-2 and EB-3 India

USCIS and DOS have reported significant volume of pending I-485 applications and specifically for EB-2 and EB-3 India.   According to USCIS,  they have sufficient pending I-485 applications for EB-2/EB-3 India applicants to “use up all of the available visas for FY 2024 and several fiscal years in the future.” Many India applicants have been hoping for major forward movement in the cutoff dates in order to be able to file I-485 applications even if there is retrogression afterwards — not unlike the major movements that have occurred in the past.    However,  DOS and USCIS are subject to certain restrictions as to how much the cutoff dates can be advanced:

The Department of State (DOS) is required (INA Sec. 203) to make “reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year…and to rely upon such estimates in authorizing the issuance of visas.”    Basically, DOS is not supposed to advance the cutoff dates if they do not believe that there are sufficient number of visas available; and at this time, there is no such availability.   Hence, the lack of major forward movement in the  Visa Bulletin. Similarly,  INA Sec. 245 requires that an immigrant visa to be “immediately available” when an I-485 adjustment of status is filed.   As a result, USCIS appears to be taking the position that they will be limiting the I-485 intake for the foreseeable future since the visa availability will be limited.

USCIS is reporting that they have enough inventory to use for several years’ supply of immigrant visas; as a result, given these INA provisions,  we expect that EB-2/EB-3 India (and especially the dates used for filing of new I-485s) will likely move extremely slowly (if at all) for the foreseeable future.

Current Date?

Our office stands ready to assist in the applicable process.  There are many applicants across many of the employment and family categories who can now process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.

Confused About the Visa Bulletin?

We understand that the Visa Bulletin, with its the multiple publications, categories and conditions may be confusing – we invite you to review our Visa Bulletin Explained article for our attempt in helping applicants understand the Visa Bulletin and know what to look for (and when). Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics. We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about this month’s Visa Bulletin.

By | Last Updated: January 16th, 2024| Categories: News|

About the Author: Dimo Michailov

Dimo Michailov
Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration.   Disclaimer:  we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts.  It is not to be construed as legal advice.