The U.S. Department of State (DOS) releases the monthly Visa Bulletin, which provides the latest information on immigrant visa availability. This bulletin is crucial for prospective immigrants as it indicates when visas will be available based on their priority dates. For each visa preference category, the DOS publishes two charts: Application Final Dates and Dates for Filing Applications.
The Application Final Dates chart shows when visas may finally be issued, while the Dates for Filing Applications chart reflects the earliest dates when applicants can file their applications. The U.S. Citizenship and Immigration Services (USCIS) determines which of these charts to follow for adjustment of status applications.
For September 2024, USCIS has decided to continue using the Final Action Dates for Employment-Based Adjustment of Status Applications. For Family-Sponsored Adjustment of Status Applications, the Dates for Filing chart will be used. Although the Visa Bulletin impacts individuals worldwide, this article focuses specifically on the dates relevant to Indian nationals.
Family-Sponsored Preference Cases for Indian Nationals
In the family-sponsored categories, the visa cut-off dates for Indian nationals have remained unchanged:
– Family-based First Preference (F1 – Unmarried Sons and Daughters of U.S. Citizens):The cut-off date for India remainsat September 1, 2017.
– Family-based Second Preference (F2A – Spouses and Children of Permanent Residents):The cut-off date remainsat June 15, 2024.
– Family-based Second Preference (F2B – Unmarried Sons and Daughters, 21 years or older, of Permanent Residents):The cut-off date stays at January 1, 2017.
– Family-based Third Preference (F3 – Married Sons and Daughters of U.S. Citizens):The cut-off date remains January 1, 2011.
– Family-based Fourth Preference (F4 – Brothers and Sisters of Adult U.S. Citizens):The cut-off date remainsat June 15, 2006.
Employment-Sponsored Preference Cases for Indian Nationals
In the employment-sponsored categories, the cut-off dates for Indian nationals also remain the same:
– Employment-based First Preference (Priority Workers):The cut-off date for India remainsat February 1, 2022.
– Employment-based Second Preference (Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability): The cut-off date stays at July 15, 2012.
– Employment-based Third Preference (Skilled Workers, Professionals, and Other Workers): The cut-off date remains October 22, 2012.
– Employment-based Fourth Preference (Certain Special Immigrants, including Religious Workers): The cut-off date stays at January 1, 2021.
– Employment-based Fifth Preference (EB-5 – Employment Creation): For the Unreserved category, the cut-off date for India is December 1, 2020. In the Final Action Dates chart for EB-5 Set Asides (covering Rural, High Unemployment, and Infrastructure areas), the visa numbers for Indian-born applicants remain ‘Current.’
As evident from the details provided, the September 2024 Visa Bulletin shows no significant movement in dates, a sharp contrast to the notable changes seen in July and August 2024. The U.S. Department of State’s continued use of the Final Action Dates for Employment-based Preference Cases in September indicates that the limits for most employment-based categories for the fiscal year 2024 are likely to be reached in September, if not earlier. If these limits are met, the DOS will mark the preference category as “unavailable.”
The lack of movement in the September Visa Bulletin underscores the importance of monitoring the monthly bulletins closely, especially for those waiting to adjust their status. The Visa Bulletin serves as a critical tool for tracking visa availability and understanding the likelihood of further delays or advancements. For Indian nationals, who often face longer wait times due to high demand in various visa categories, staying informed of these developments is essential.
The USCIS’s decision to continue using the Final Action Dates chart for employment-based cases is particularly noteworthy. This decision suggests that there may be little to no visa availability left for certain categories as the fiscal year ends. The “current” status for EB-5 Set Aside categories, however, offers a glimmer of hope for those in the Rural, High Unemployment, and Infrastructure areas, as these applicants may still have opportunities to secure visas in the near term.
Overall, the September 2024 Visa Bulletin reflects a period of stability, with no changes in the visa cut-off dates for Indian nationals across both family-sponsored and employment-based categories. However, this stability should not be mistaken for progress, as the absence of movement also indicates that many applicants will continue to wait, potentially facing longer delays as the fiscal year closes.
While the September 2024 Visa Bulletin may not bring the news many applicants hoped for, it serves as a reminder of the ongoing challenges within the U.S. immigration system. The continued stagnation of cut-off dates highlights the need for prospective immigrants to remain patient and vigilant as they navigate the complex process of securing an immigrant visa.
