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.