January 2024 Visa Bulletin – Significant Movement for EB-1 India and EB-5 India, Strong Movement Across Most Other Employment-Based Categories
The EB-1 India Final Action Date will advance by three years and eight months, to September 1, 2020, and the Date for Filing will advance by a year and a half, to January 1, 2021. The EB-1 China Final Action Date will advance by four and a half months, to July 1, 2022, and the Date for Filing will advance five months, to January 1, 2023. The EB-2 Final Action Date for India will advance by two months, to March 1, 2012, and the EB-2 China Final Action Date will advance by approximately nine weeks, to January 1, 2020. Final Action Dates for the remaining countries in EB-2 will advance by three and a half months, to November 1, 2022. The EB-3 Professional/Skilled Worker Final Action Dates will advance by over 7 months for China, to September 1, 2020, and by one month for India, to June 1, 2012. Final Action Dates for the remaining countries in the category will advance by eight months, to August 1, 2022. The EB-5 India Unreserved Final Action Date will advance by almost two years, to December 1, 2020, while the EB-5 China Unreserved Final Action date will advance by nine weeks, to December 8, 2015.
A closer look
According to the State Department’s January Visa Bulletin, Final Action cutoff dates for issuance of an immigrant visa or approval of an adjustment of status application will be as follows:
- EB-1: India will advance by three years and eight months, to September 1, 2020. China will advance by four and a half months, to July 1, 2022. All other countries will continue to be current.
- EB-2: India will advance by two months, to March 1, 2012, and China will advance by approximately nine weeks, to January 1, 2020. The remaining countries will advance three and a half months, to November 1, 2022.
- EB-3 Professionals and Skilled Workers: China will advance by seven months and one week, to September 1, 2020, and India will advance by one month, to June 1, 2012. The remaining countries will advance by eight months, to August 1, 2022.
- EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will advance by almost two years, to December 1, 2020, and China will advance by nine weeks, to December 8, 2015. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.
The January Visa Bulletin Dates for Filing chart also shows strong movement in some key employment-based categories. For EB-1, the India Date for Filing will advance by 18 months, to January 1, 2021, while China will advance by five months, to January 1, 2023. The EB-2 China Date for Filing will advance by five months to June 1, 2020 (please note that the State Department webpage version of the Visa Bulletin erroneously repeats last month’s EB-2 China date; the official Visa Bulletin is the pdf linked in this client alert), while India will remain at May 15, 2012. The remaining EB-2 countries will advance by six weeks to February 15, 2023. EB-3 Dates for Filing will remain the same as last month, except for the China Professional/Skilled Worker category, which will advance by 10 months, to July 1, 2021.
In the coming days, USCIS will announce on its own Visa Bulletin web page whether the agency will accept adjustment of status applications based on the Visa Bulletin Final Action Dates chart or the Dates for Filing chart in January.
Final Action Dates for January 2024
EB-1
China: July 1, 2022
India: September 1, 2020
All other countries: Current
EB-2
China: January 1, 2020
India: March 1, 2012
All other countries: November 1, 2022
EB-3 Professionals and Skilled Workers
China: September 1, 2020
India: June 1, 2012
All other countries: August 1, 2022
EB-3 Other Workers
China: January 1, 2017
India: June 1, 2012
Philippines: May 1, 2020
All other countries: September 1, 2020
EB-4
All countries: May 15, 2019
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: December 8, 2015
India: December 1, 2020
All other countries: Current
EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries
Dates for Filing for January 2024
EB-1
China: January 1, 2023
India: January 1, 2021
All other countries: Current
EB-2
China: June 1, 2020
India: May 15, 2012
All other countries: February 15, 2023
EB-3 Professionals and Skilled Workers
China: July 1, 2021
India: August 1, 2012
Philippines: January 1, 2023
All other countries: February 1, 2023
EB-3 Other Workers
China: June 1, 2017
India: August 1, 2012
Philippines: May 15, 2020
All other countries: December 15, 2020
EB-4
All countries: September 1, 2019
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: January 1, 2017
India: April 1, 2022
All other countries: Current
EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries