The May 2024 Visa Bulletin released by the U.S. Department of State (DOS) reflects minimal movement in employment-based cut-off dates relative to the April 2024 Visa Bulletin.1 Also, United States Citizenship and Immigration Services (USCIS) will continue to accept Forms I-485, Applications to Register Permanent Residence or Adjust Status, for all employment-based preference categories based on the Final Action Dates chart next month. 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 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.
In the April 2024 Visa Bulletin, DOS indicated that there will be no forward movement in cut-off dates for employment-based immigrant visa categories between May 1, 2024 and September 30, 2024, and retrogression may be possible.3 (For prior coverage, see GMS Flash Alert 2024-063, March 19, 2024.) Accordingly, most employment-based categories remain unchanged in the May 2024 Visa Bulletin. As very-little-to-no forward movement in employment-based cut-off dates is expected in the upcoming months with a potential for retrogression, it is recommended that eligible applicants submit an I-485 application without delay.
Employment-Based Preference Category Cut-Off Dates
Cut-Off Dates for Dates of Filing Chart for May 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 at April 1, 2021.
EB-2: The cut-off dates for all countries except China and India remain 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 stay at September 15, 2012, and the Philippines’ cut-off date will stay at January 1, 2023.
EB-3 Other Workers: All countries of chargeability except China, India, and the Philippines will have cut-off dates of December 15, 2020. China’s cut-off date will remain June 1, 2017, India’s cut-off date will remain at September 15, 2012, and the Philippines’ cut-off date will also remain at May 15, 2020.
EB-4: The cut-off dates for all countries will stay at December 1, 2020.
Certain Religious workers: The cut-off dates for all countries remain at December 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 May 2024
The cut-off dates for the Dates of Final Action Chart for May 2024 for the noted countries of chargeability are as follows4:
EB-1: All countries of chargeability except China and India will be current. The cut-off date for China remains at September 1, 2022, and for India, the cut-off date remains at March 1, 2021.
EB-2: The cut-off dates for all countries except China and India will stay at January 15, 2023. The cut-off for China will remain at February 1, 2020, and the cut-off for India will remain at April 15, 2012.
EB-3 Professional and Skilled Workers: The cut-off dates for all countries of chargeability except China and India will stay at November 22, 2022. China’s cut-off date will remain at September 1, 2020, and India’s cut-off date will also remain at August 15, 2012.
EB-3 Other Workers: All countries of chargeability except China, India, and the Philippines will stay at October 8, 2020. China’s cut-off date will remain at January 1, 2017, India’s cut-off date will remain at August 15, 2012, and the cut-off date for the Philippines will remain at May 1, 2020.
EB-4: The cut-off dates for all countries will remain at November 1, 2020.
Certain Religious workers: The cut-off dates for all countries are November 1, 2020.
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.
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.
4 U.S. Department of State website.
Please note the KPMG International member firm in the United States does not provide immigration or labour 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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