The March 2024 Visa Bulletin released by the U.S. Department of State reflects a significant change from the February 2024 Visa Bulletin.1 Notably, United States Citizenship and Immigration Services (“USCIS”) will accept Forms I-485, Application to Register Permanent Residence or Adjust Status, utilizing the Final Action Dates chart.2
WHY THIS MATTERS
Congress limits the number of immigrant visas (“green cards”) which may be issued each year. A per-country limit of 7 percent of the annual quota of available employment-based immigrant visas applies. Each month, the U.S. Department of State (DOS) releases a Visa Bulletin indicating the availability of statutorily-limited visas for prospective immigrants.
The cut-off dates reflected in the Visa Bulletin, coupled with USCIS’ confirmation of which chart will apply, dictate eligibility to file a Form I-485 application in each month. In addition, the Final Action Dates chart in the applicable Visa Bulletin determines whether a pending Form I-485 or immigrant visa application may be approved.
Employment-Based Preference Category Cut-Off Dates
Cut-Off Dates for Dates of Filing Chart for March 2024
EB-1: All countries of chargeability except the People’s Republic of China (“China”) and India will remain current. The cut-off date for China remains at January 1, 2023, and the cut-off date for India remains January 1, 2021.
EB-2: The cut-off dates for all countries except China and India remain at February 15, 2023. The cut-off for China will stay at June 1, 2020, and the cut-off for India remains at May 15, 2012.
EB-3 Professional and Skilled Workers: The cut-off dates for all countries of chargeability except China, India, and the Philippines remain February 1, 2023. China’s cut-off date will stay at July 1, 2021, India’s cut-off date will remain at August 1, 2012, and the cut-off date for the Philippines will remain at January 1, 2023.
EB-3 Other Workers: All countries of chargeability except China, India, and the Philippines will have a cut-off date of December 15, 2020. China’s cut-off date will remain June 1, 2017, and India’s cut-off date remains at August 1, 2012. The cut-off date for the Philippines will stay at May 15, 2020.
EB-4: The cut-off for all countries will progress to January 1, 2020.
Certain Religious workers: The cut-off date for all countries progresses to January 1, 2020.
EB-5: Cut-off dates are current for all countries, except for the C5, T5, I5, and R5 (i.e., 5th Unreserved) programs for China and India. The 5th Unreserved cut-off date for China remains at January 1, 2017, and the 5th Unreserved cut-off date for India remains at April 1, 2022.
Cut-Off Dates for Dates of Final Action Chart for March 2024
The cut-off dates for the Dates of Final Action Chart for March 2024 for the noted countries of chargeability are as follows3:
EB-1: All countries of chargeability except China and India will be current. The cut-off date for China progresses to July 15, 2022, and for India, the cut-off date advances to October 1, 2020.
EB-2: The cut-off dates for all countries except China and India move forward to November 22, 2022. The cut-off for China will remain stable at January 1, 2020, and the cut-off for India will remain at March 1, 2012.
EB-3 Professional and Skilled Workers: The cut-off dates for all countries of chargeability except China and India move forward to September 8, 2022. China’s cut-off date will remain at September 1, 2020, and India’s cut-off date will remain at July 1, 2012.
EB-3 Other Workers: All countries of chargeability except China, India, and the Philippines will have a cut-off date of September 8, 2020. China’s cut-off date will remain January 1, 2017, India’s cut-off date will remain at July 1, 2012, and the cut-off date for the Philippines will stay at May 1, 2020.
EB-4: The cut-off dates for all countries will progress to December 1, 2019.
Certain Religious workers: The cut-off dates for all countries will move forward to December 1, 2019.
EB-5: Final Action Dates are current for all countries, except for the C5, T5, I5, and R5 (i.e., 5th Unreserved) programs for China and India. The 5th Unreserved cut-off date for China will remain at December 15, 2015, and the cut-off date for India remains at December 1, 2020.
USCIS has determined that for the month of March 2024, Form I-485, Applicationsto Register Permanent Residence or Adjust Status, will be accepted based on the Final Action Dates Chart.
FOOTNOTES
1 U.S. Department of State website.
2 See the “Adjustment of Status Filing Charts from the Visa Bulletin” page on the USCIS website.
3 U.S. Department of State website.
* Please note the KPMG International member firm in the United States does not provide immigration or labor law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Canada.
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