September 2024 Visa Bulletin: Analysis & Predictions Including EB2 Priority Date India

One of the most significant parts of getting a green card in the U.S. is waiting for your priority date to be current. For those who have invested the time, effort, and money into an immigrant visa, questions arise such as “How long will it take for my date to be current?” and “Can I speed this process up?” We provide regular monthly updates on the most recent visa bulletin, analyze the date movements, and predict upcoming months to help answer these questions. This month, we’ll go over the September 2024 visa bulletin.

If you want more information on the background of the visa bulletin and how to read the bulletin, make sure to scroll to the bottom of the post or click the interested link in the Table of Contents.

September 2024 Visa Bulletin: Overview and Predictions

For the multitude eagerly anticipating their turn in the employment-based and family-based immigration queues, projections in the Visa Bulletin offer insights into potential timelines for applying and securing green cards.

Key Updates for September 2024

EB-1 China: The Final Action Date remains at November 1, 2022.
EB-1 India: The Final Action Date remains at February 1, 2022.
EB-1(Rest of the world): The Final Action Date is current.
EB-2 (All countries except China and India): The Final Action Date remains at March 15, 2023.
EB-2 China: The Final Action Date remains at March 1, 2020. 
EB-2 India: The Final Action Date remains at July 15, 2012.
EB-3 Professional/Skilled Worker (China): The Final Action Date remains at September 1, 2020.
EB-3 Professional/Skilled Worker (India): The Final Action Date remains at October 22, 2012.
EB-3 Professional/Skilled Worker (Rest of the world): The Final Action Date retrogresses one year to the cutoff date of December 1, 2020.

Practical Implications of the September 2024 Visa Bulletin:

Stable and Unchanged Dates: Applicants from other countries and those in the EB-3 category for China and India should be aware that there is little to no change in their timelines.

Retrogression for EB-3 Worldwide: Applicants in the EB-3 category from countries other than China and India will experience longer wait times due to the retrogression by 1 year. It’s crucial to manage expectations and plan accordingly.

Final Action vs. Filing Dates: It’s important to differentiate between the final action dates (when a visa can be issued) and the filing dates (when an application can be submitted). This will help applicants understand their current status and next steps.

The Final Action Dates chart determines when an I-485 or IV can be approved, while the Dates for Filing Chart determines when an applicant can file an I-485.

Suppose you have an Adjustment of Status (AOS) application currently pending. Your priority date must be current under the Final Action Chart to adjudicate your green card. If you are contemplating interfiling—a process that allows AOS applicants to change their preference category—don’t hesitate to contact VisaNation Law Group.

Looking Ahead: The U.S. State Department projects all available green cards to be exhausted when the fiscal year ends on September 30, 2024. This means that applicants with pending green cards with current Priority Dates in August and September may not receive a green card approval if all available green cards are used before September 30, 2024. Applicants should be ready to remain in pending Adjustment Status and renew their EAD and Advance Parole as timely as possible.

When the October 2024 visa bulletin is updated next month, there will be an assumption that Priority Dates will advance but expect advancement to be modest if any. The past 12 months have shown no slowing or decrease in green card demand across all categories thus, expectations should remain very conservative and appropriate steps taken to maintain status or remain patient if processing is for applicants living abroad.

As new information arises in the coming months, Visa Nation will update and adjust our predictions. In the meantime, trends in Final Action date movements are subject to change, and retrogressions are always possible due to fluctuations in applicant demand and other influencing factors. Therefore, applicants are urged to stay informed and be aware of potential adjustments to the projected timelines.

Family-Based Green Cards

The category for family-based immigration comprises four preference levels based on who your sponsoring family member is in relation to you. There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. Due to the global pandemic and limited appointments at overseas consular offices, family-based immigrant visas continue to see low usage numbers. Therefore, any unused family-based visas get added to the EB categories. 

Family-Based Dates for Filing Charts

The Dates for Filing chart determines when an applicant can file an I-485. 

In the F-1 category, we see no change across the board from the August bulletin. China, India, and all other countries of chargeability remain at September 1, 2017. Mexico remains at April 1, 2005, and the Philippines remains on April 22, 2015.

In the F-2A category, all countries advance to June 15, 2024. 

In the F-2B category, China, India, and all other countries of chargeability remain at January 1, 2017. The Philippines remains at October 1, 2013. Mexico remains at May 1, 2005. 

In the F-3 category, China, India and all other countries of chargeability advance to January 1, 2011 while Mexico remains at June 15, 2001 and Philippines remains at November 8, 2003. 

In the F-4 category, China, and the rest of the world remain at March 1, 2008. India remains at June 15, 2006 while Mexico is at April 30, 2001 and Philippines remains at April 1, 2006. 

For the purposes of the September 2024 bulletin AOS, USCIS has indicated to use the Dates for Filing Chart for all family-sponsored filings. If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

*The numbers in the brackets designate the amount of movement in the filing date for that particular category compared to the previous month. If there’s no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin.

Family-Based Final Action Dates Chart

The Final Action Dates Chart shows no real changes since the last bulletin. In the F-1 category, India, China and the rest of the world remain at October 22, 2015 while Mexico advances to May 8, 2002 and the Philippines remains at March 1, 2012. 

In the F2A category, all China, India and the rest of the world remain at November 15, 2021; Mexico is at February 1, 2021 and Philippines at November 15, 2021. 

In the F-2B category, China and the rest of the world are at May 1, 2016. Philippines remains at October 22, 2011 and Mexico advances remains at July 15, 2004. 

In the F-3 category we see China and India advance to April 1, 2010. Mexico advances to March 1, 2000 and Philippines advances to September 8, 2002.

In the F-4 category we see China and the rest of the world remain at August 1, 2007 while India remains at January 22, 2006 and Mexico to February 8, 2001.

*The numbers in the brackets designate the amount of movement in the final action date for that particular category compared to the previous month. If there’s no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin.

Remember, marriage-based green card applicants, are known as immediate relatives and don’t have to wait to receive a green card.

Employment-Based Green Cards

With five different preference levels and seven chargeability areas, USCIS issues employment-based category visas through your job or occupation. The chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category.

Employment-Based Final Action Dates Chart

EB-1 China and India: There is no change for either China and India. China’s cut-off date remains at November 1, 2022, and India remains at February 1, 2022. This is encouraging news for clients from these countries as it indicates shorter wait times for visa availability.

All Other Countries: The cut-off dates remain current, meaning there are no backlogs, and eligible applicants from these regions can continue to expect prompt processing.

EB-2 China: The cut-off date remains at March 1, 2020.

EB-2 India: The cut-off date remains at July 15, 2012.

All Other Countries: The cut-off date remains at March 15, 2023 since the last bulletin.

EB-3 China: The cut-off date remains unchanged at September 1, 2020. There is no progress, indicating a stable but unchanging queue.

EB-3 India: The cut-off date remains at October 22, 2012.

All Other Countries: There is a significant retrogression of 1 year, moving the cut-off date back to December 1, 2020. This indicates a growing backlog and longer wait times for applicants from these regions.

USCIS has specified to use the Final Action Chart for employment-based AOS Filings. 

Employment-Based Dates for Filing Chart

Here are the September 2024 Visa Bulletin Final Action dates for employment-based immigrant visas.

1. China: EB-1, EB-2, EB-3: The dates remain unchanged, indicating stability in the filing dates.
2. India: EB-1: Remains at February 8, 2022. EB-2: Remains at July 22, 2012.

EB-3: Remains at November 1, 2012.

3. All Other Countries:

EB-1: The dates are current, allowing for immediate filing.
EB-2: Remains at March 22, 2023.
EB-3: Remains unchanged at February 1, 2023, indicating stability in filing dates.

*The numbers in the brackets designate the amount of movement in the final action date for that particular category compared to the previous month. If there’s no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin.

Important September 2024 Visa Bulletin Dates

For those new to the green card process, you should learn a few terms and remember to understand the rest of this September 2024 visa bulletin report. If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney.

Priority Dates

The first term that you’ll hear thrown around is the priority date. Each person who files a petition with the USCIS receives a priority date when the government obtains your petition. A priority date establishes a person’s place in line to get an immigrant visa. Keep this date handy since you will need it to compare to the dates in this bulletin. Remember that your priority date does not move, and you cannot change it except under certain circumstances.

Note: Priority dates are not relevant for immediate relatives of U.S. Citizens (e.g., spouses or minor children) as that category is always current.

Final Action Dates

Final action dates are based on the green card category and the chargeability area—your country of origin. Therefore, the final action dates constantly change based on how many people from each chargeability area have petitioned for that green card.

If green cards are still available, the final action date will likely move closer to your priority date. If green cards are unavailable, you will not see any movement from that final action date. However, if the limit has passed, you may see the date retrogress or move backward from your priority date.

Once the final action date in your green card preference level and chargeability area reaches your priority date, your priority date will be considered current. Once current, you will adjust your status or go through consular processing.

Date for Filing Charts and I-485

You’ll notice there are two charts for each category.

The Date for Filing chart determines whether or not one can submit the final immigrant visa application.

The Final Action Date chart indicates whether an immigrant visa number will be available.

If you need to file an adjustment of status, Form I-485, you need to follow the Final Action Date chart to know when to file based on your priority date. However, sometimes USCIS will note that they’ll accept I-485s based on the Date for Filing chart. USCIS will use this chart when more immigrant visas are available than applicants.

USCIS announces which chart applicants can use within a week of the visa bulletin’s release.

Can You Shorten Your Waiting Time?

The short answer is: probably not. However, there are two prominent cases in which you may be able to shorten your green card processing time, which we will explain here.

The first way is to file an I-140 for a green card and chargeability area with a current priority date. In this case, rather than wait the usual six months for your petition to be processed, you can pay an additional fee for premium processing, which will shorten the processing time to 15 calendar days. However, this is only available for certain green cards that use the I-140. It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW.

The second situation involves green card “porting,” or transferring your application from a lower preference level to a higher one to take advantage of the shorter waiting times. This is misleading because you don’t port your green card. In reality, you need to start with a new petition (and a new PERM if necessary). The “porting” aspect only comes in when you indicate that you want to retain your original priority date.

As attractive as “porting” might seem, it is a delicate process with particular requirements. Therefore, running decisions like these through your immigration attorney is always good.

Staying Up-to-Date

In the world of immigration law, it always pays to be informed. The more you know about your green card, the easier it will be to make informed decisions about your case. To stay in the know about things like the newest visa bulletin, you can subscribe to the Department of State’s newsletter by emailing [email protected] with the message “Subscribe Visa Bulletin.”