LawFlash

US Department of State Releases May 2024 Visa Bulletin

April 17, 2024

The US Citizenship and Immigration Services (USCIS) will use the Final Action Dates for Employment-Based Adjustment of Status Applications chart in May 2024. The Final Action Dates chart reflects no advancement.

The US Department of State has released its May 2024 Visa Bulletin outlining per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status application and consular immigrant visa application filings and approvals.

WHAT DOES THE MAY 2024 VISA BULLETIN SAY?

The bulletin includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustments of status or immigrant visas, and the latter indicates when adjustment of status applications or immigrant visa applications may be approved, and permanent residence granted.

Each month, the USCIS chooses which chart it will follow. For May 2024, the USCIS will follow the Final Action Dates chart for employment-based (EB) filings for adjustment of status. This means that individuals seeking to file applications for adjustment of status with the USCIS in May 2024 must use the Final Action Dates chart below.

FINAL ACTION CUTOFF DATES

To be eligible to file an EB adjustment application in May 2024, a foreign national must have a priority date that is earlier than the date listed below for their preference category and country. The “C” listing indicates that the category is current, and applications may be filed regardless of the applicant’s priority date. 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 applications.

 

Employment- Based

All Chargeability
Areas Except
Those Listed

China-
Mainland
Born

India

Mexico

Philippines

1st

C

01SEP22

01MAR21

C

C

2nd

15JAN23

01FEB20

15APR12

15JAN23

15JAN23

3rd

22NOV22

01SEP20

15AUG12

22NOV22

22NOV22

Other Workers

08OCT20

01JAN17

15AUG12

08OCT20

01MAY20

 

EMPLOYMENT-BASED FIRST PREFERENCE (EB-1)

The EB-1 cutoff date for All Chargeability Areas, Mexico, and the Philippines will remain current. This means that all applicants chargeable to these areas whose I-485 applications have not yet been filed can file their I-485 applications with the USCIS.

The EB-1 cutoff date for China will remain September 1, 2022. This means that China EB-1 applicants whose I-485 applications have not yet been filed and have a priority date before September 1, 2022 can file their I-485 applications with the USCIS.

The EB-1 cutoff date for India will remain March 1, 2021. This means that India EB-1 applicants whose I-485 applications have not yet been filed and who have a priority date before March 1, 2021 can file their I-485 applications with the USCIS.

EMPLOYMENT-BASED SECOND PREFERENCE (EB-2)

The EB-2 cutoff date for All Chargeability Areas, Mexico, and the Philippines will remain January 15, 2023. This means that all applicants who are chargeable to these areas whose I-485 applications have not yet been filed and have a priority date before January 15, 2023 can file their I-485 applications with the USCIS.

The EB-2 cutoff date for China will remain February 1, 2020. This means that China EB-2 applicants whose I-485 applications have not yet been filed and have a priority date before February 1, 2020 can file their I-485 applications with the USCIS.

The EB-2 cutoff date for India will remain April 15, 2012. This means that India EB-2 applicants whose I-485 applications have not yet been filed and have a priority date before April 15, 2012 can file their I-485 applications with the USCIS.

EMPLOYMENT-BASED THIRD PREFERENCE (EB-3)

The EB-3 cutoff date for All Chargeability Areas, Mexico, and the Philippines will remain November 22, 2022. This means that all applicants who are chargeable to these areas whose I-485 applications have not yet been filed and have a priority date before November 22, 2022 can file their I-485 applications with the USCIS.

The EB-3 cutoff date for China will remain September 1, 2020. This means that China EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before September 1, 2020 can file their I-485 applications with the USCIS.

The EB-3 cutoff date for India will remain August 15, 2012. This means that India EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before August 15, 2012 can file their I-485 applications with the USCIS.

OTHER WORKERS

The Other Workers cutoff date for All Chargeability Areas and Mexico will remain October 8, 2020. This means that Other Workers applicants from these areas whose I-485 applications have not yet been filed and have a priority date before October 8, 2020 can file their I-485 applications with the USCIS.

The Other Workers cutoff date for China will remain January 1, 2017. This means that Other Worker applicants from China whose I-485 applications have not yet been filed and have a priority date before January 1, 2017 can file their I-485 applications with the USCIS.

The Other Workers cutoff date for India will remain August 15, 2012. This means that Other Worker applicants from India whose I-485 applications have not yet been filed and have a priority date before August 15, 2012 can file their I-485 applications with the USCIS.

The Other Workers cutoff date for the Philippines will remain May 1, 2020. This means that Other Workers applicants from the Philippines whose I-485 applications have not yet been filed and have a priority date before May 1, 2020 can file their I-485 applications with the USCIS.

SIGNIFICANT DEVELOPMENTS

As expected, based on the Department of State’s April 2024 prediction of “very little to no forward movement in the coming months,” the Final Action Dates chart in the May 2024 Visa Bulletin shows no advancement.

Contacts

If you have any questions or would like more information on the issues discussed in this LawFlash, please contact any of the following:

Authors
Eleanor Pelta (Washington, DC)
Whitney Lohr (Miami)