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12 Aug 20244 min readsitemanager

September 2024 US Visa Bulletin: Significant Green Card Delays; Indian Applicants Hit by EB-3 Retrogression

Key Changes in the September 2024 US Visa Bulletin and the Impact on Employment-Based Green Cards The US Department of State has announced significant delays in the processing of employment-based…

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Key Changes in the September 2024 US Visa Bulletin and the Impact on Employment-Based Green Cards

The US Department of State has announced significant delays in the processing of employment-based green cards in its September 2024 USCIS Visa Bulletin, with the most notable impact on the EB-3 category, affecting applicants from multiple regions. These changes, though expected, have left many applicants in a challenging position. The Visa Bulletin reveals that the EB-3 category has experienced a significant setback, with applicants from All Chargeability Areas, Mexico, and the Philippines now facing a retrogression of one full year, pushing the priority date back to December 1, 2020. Additionally, the Other Workers category for All Chargeability Areas and Mexico will also see a slight retrogression, with the priority date moving to December 1, 2020. While most categories remain unchanged from previous months, the EB-3 retrogression is a crucial development that has many looking forward to potential advancements in the October bulletin. For individuals seeking employment-based green cards, the Visa Bulletin provides essential information about timelines for adjusting immigration status and eligibility based on application submission. It serves as a critical guide in the Green Card process, with two primary sections: Dates for Filing: This section specifies the earliest date applicants can submit their adjustment of status or immigrant visa applications, depending on their visa category and country of origin. Final Action Dates: These dates estimate the wait time for application approval, leading to permanent residency. They function as a queue based on visa category and nationality, indicating when applicants can expect their applications to be processed. For those aiming to file in August 2024, eligibility is determined by having an application date preceding the specific date listed for their category and country. Understanding and tracking these dates is crucial for navigating the Green Card application process.

Family-Sponsored Green Cards

The Visa Bulletin also outlines preference categories for family-sponsored immigrants, offering critical information for those navigating the Green Card process. The family-sponsored categories include:
  • First Preference (F1): Unmarried Sons and Daughters of U.S. Citizens
  • Second Preference (F2): Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents
    • F2A: Spouses and Children of Permanent Residents
    • F2B: Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
  • Third Preference (F3): Married Sons and Daughters of U.S. Citizens
  • Fourth Preference (F4): Brothers and Sisters of Adult U.S. Citizens
Visa allocations are primarily based on priority dates and demand received by April 1st of each fiscal year. If demand exceeds the available visas in a particular category or country, that category is classified as oversubscribed, and the final action date is determined by the priority date of the first applicant who couldn't be accommodated within the numerical limits. For fiscal year 2024, the limit for family-sponsored preference immigrants is set at 226,000, with per-country limits set at 7% of the total annual family-sponsored and employment-based preference limits. When visa issuances exceed the per-country limit, visa prorating provisions come into effect for oversubscribed chargeability areas, including China (mainland born), India, Mexico, and the Philippines.  

Employment-Based Preferences

The allocation of immigrant visas in employment-based preference categories is designed to ensure a balanced distribution among skilled and unskilled workers, professionals, and investors. The categories are:
  1. Priority Workers (28.6%): Includes individuals with extraordinary abilities, outstanding professors, researchers, and multinational executives or managers.
  2. Advanced Degrees or Exceptional Ability (28.6%): Covers individuals with advanced degrees or exceptional abilities.
  3. Skilled Workers, Professionals, and Other Workers (28.6%): Includes skilled workers, professionals, and unskilled labourers with a cap of 10,000 visas for "Other Workers."
  4. Certain Special Immigrants (7.1%): Includes religious workers, certain U.S. foreign service employees, and U.S. armed forces personnel.
  5. Employment Creation (7.1%): Divided to ensure targeted investment and job creation, including rural and high unemployment areas.
These categories aim to attract a diverse pool of talent to the U.S., fostering economic growth and innovation. Understanding these allocations is essential for applicants planning their visa applications.  

Employment-Based Green Cards: Key Dates for India

  • 1st Preference: February 1, 2022 (unchanged)
  • 2nd Preference: July 15, 2012 (unchanged)
  • 3rd Preference: October 22, 2012 (unchanged)
  • Other Workers: October 22, 2012 (unchanged)
  • 4th Preference: January 1, 2021 (unchanged)
  • Certain Religious Workers: January 1, 2021 (unchanged)
  • 5th Unreserved: December 1, 2020 (unchanged)
  • 5th Set Aside (Rural): Current
  • 5th Set Aside (High Unemployment): Current
  • 5th Set Aside (Infrastructure): Current
These dates and categories provide crucial guidance for those navigating the U.S. immigration system and planning their Green Card journey.

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