The July 2024 Visa Bulletin released by the U.S. Department of State reflects some notable movements from the June 2024 Visa Bulletin,1 including retrogression in the EB-3 Dates of Final Action Chart (Professional and Skilled Workers) by almost one year, as well as advancements for India in the EB-1 Dates of Filing Chart and Date of Final Action Chart by almost one year. United States Citizenship and Immigration Services (USCIS) will continue to accept Forms I-485, Applications to Register Permanent Residence or Adjust Status, utilizing the Final Action Dates Chart for all employment-based preference categories.2
For coverage of last month's Visa Bulletin, see GMS Flash Alert 2024-112, May 16, 2024.
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.
As part of the June 2024 Visa Bulletin, the DOS noted that high demand in the EB-2 and EB-3 categories will most likely necessitate retrogression of the worldwide final action date (including Mexico and Philippines) in July 2024. 3 In the July 2024 Visa Bulletin, the DOS further notes that it will likely be necessary to either further retrogress the EB-3 final action date or make this category “Unavailable” in August. As there is a potential for further retrogression, it is recommended to submit I-485 applications for eligible applicants in July, especially in the EB-2 and EB-3 categories, and to submit I-485 applications for Indian-born nationals who are now eligible due to advancement in the EB-1 Dates of Filing Chart.
Employment-Based Preference Category Cut-Off Dates
Cut-Off Dates for Dates of Filing Chart for July 2024
The cut-off dates for the Dates of Filing Chart for July 2024 for the noted countries of chargeability are as follows4:
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. Notably, the cut-off date for India has moved forward by just over 10 months to February 8, 2022.
EB-2: The cut-off dates for all countries except China and India have moved forward by over one (1) month to March 22, 2023. The cut-off for China will stay at June 1, 2020. The cut-off for India has moved forward by a little more than one (1) month to June 22, 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, and the Philippines’ cut-off date will stay at January 1, 2023. India’s cut-off date has moved forward by two (2) weeks to October 1, 2012.
EB-3 Other Workers: All countries of chargeability except China, India, and the Philippines have cut-off dates that have advanced by approximately three (3) weeks, to January 8, 2021. China’s cut-off date will remain June 1, 2017, and the Philippines’ cut-off date will remain at May 15, 2020. India’s cut-off date has advanced by two (2) weeks to October 1, 2012.
EB-4: The cut-off dates for all countries have moved forward by two (2) months to February 1, 2021.
Certain Religious workers: The cut-off dates for all countries have progressed by two (2) months to February 1, 2021.
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 July 2024
The cut-off dates for the Dates of Final Action Chart for July 2024 for the noted countries of chargeability are as follows5:
EB-1: All countries of chargeability except China and India will be current. The cut-off date for China has advanced by two (2) months to November 1, 2022. Notably, the cut-off date for India has advanced by 11 months to February 1, 2022.
EB-2: The cut-off dates for all countries except China and India have advanced by two (2) months to March 15, 2023. The cut-off for China has advanced by one (1) month to March 1, 2020, and the cut-off for India has advanced by two (2) months to June 15, 2012.
EB-3 Professional and Skilled Workers: Notably, the cut-off dates for all countries of chargeability except China and India have retrogressed by 11 months to December 1, 2021. China’s cut-off date will remain at September 1, 2020, and India’s cut-off date has advanced by one (1) month to September 22, 2012.
EB-3 Other Workers: All countries of chargeability except China, India, and the Philippines have advanced three (3) months to January 1, 2021. China’s cut-off date will remain January 1, 2017, India’s cut-off date has advanced by one (1) month to September 22, 2012, and the cut-off date for the Philippines will remain at May 1, 2020.
EB-4: The cut-off dates for all countries have advanced two (2) months to January 1, 2021.
Certain Religious workers: The cut-off dates for all countries have advanced two (2) months to January 1, 2021.
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.
5 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.
CONTACTS
Connect with us
- Find office locations kpmg.findOfficeLocations
- kpmg.emailUs
- Social media @ KPMG kpmg.socialMedia
Stay up to date with what matters to you
Gain access to personalized content based on your interests by signing up today
GMS Flash Alert is a Global Mobility Services publication of the KPMG LLP Washington National Tax practice. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.
We respectfully acknowledge that KPMG offices across Turtle Island (North America) are located on the traditional, treaty, and unceded territories of First Nations, Inuit and Métis peoples.
© 2024 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved.
For more detail about the structure of the KPMG global organization please visit https://kpmg.com/governance.