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GMS Flash Alert 2024-038

United States � March 2024 Visa Bulletin

GMS Flash Alert 2024-038 | February 16, 2024

The March 2024 Visa Bulletin released by the U.S. Department of State reflects a significant change from the February 2024 Visa Bulletin.1 ÌýNotably, United States Citizenship and Immigration Services (“USCISâ€�) will accept Forms I-485, Application to Register Permanent Residence or Adjust Status, utilizing the Final Action Dates chart.2Ìý

WHY THIS MATTERS

Congress limits the number of immigrant visas (“green cardsâ€�) which may be issued each year. ÌýA per-country limit of 7 percent of the annual quota of available employment-based immigrant visas applies. ÌýEach 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 USCISâ€� confirmation of which chart will apply, dictate eligibility to file a Form I-485 application in each month.Ìý 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.

Employment-Based Preference Category Cut-Off DatesÌý

EB-1: All countries of chargeability except the People’s Republic of China (“Chinaâ€�) and India will remain current. The cut-off date for China remains at January 1, 2023, and the cut-off date for India remains January 1, 2021.ÌýÌý

EB-2: The cut-off dates for all countries except China and India remain at February 15, 2023.Ìý The cut-off for China will stay at June 1, 2020, and the cut-off for India remains at May 15, 2012.Ìý

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.Ìý China’s cut-off date will stay at July 1, 2021, India’s cut-off date will remain at August 1, 2012, and the cut-off date for the Philippines will remain at January 1, 2023.Ìý

EB-3 Other Workers: All countries of chargeability except China, India, and the Philippines will have a cut-off date of December 15, 2020.Ìý China’s cut-off date will remain June 1, 2017, and India’s cut-off date remains at August 1, 2012.Ìý The cut-off date for the Philippines will stay at May 15, 2020.Ìý

EB-4: The cut-off for all countries will progress to January 1, 2020.ÌýÌý

Certain Religious workers: The cut-off date for all countries progresses to January 1, 2020.Ìý Ìý

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.Ìý 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.ÌýÌý

Ìý

Cut-Off Dates for Dates of Filing Chart for March 2024ÌýÌý

EB-1: All countries of chargeability except the People’s Republic of China (“Chinaâ€�) and India will remain current. The cut-off date for China remains at January 1, 2023, and the cut-off date for India remains January 1, 2021.ÌýÌý

EB-2: The cut-off dates for all countries except China and India remain at February 15, 2023.Ìý The cut-off for China will stay at June 1, 2020, and the cut-off for India remains at May 15, 2012.Ìý

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.Ìý China’s cut-off date will stay at July 1, 2021, India’s cut-off date will remain at August 1, 2012, and the cut-off date for the Philippines will remain at January 1, 2023.Ìý

EB-3 Other Workers: All countries of chargeability except China, India, and the Philippines will have a cut-off date of December 15, 2020.Ìý China’s cut-off date will remain June 1, 2017, and India’s cut-off date remains at August 1, 2012.Ìý The cut-off date for the Philippines will stay at May 15, 2020.Ìý

EB-4: The cut-off for all countries will progress to January 1, 2020.ÌýÌý

Certain Religious workers: The cut-off date for all countries progresses to January 1, 2020.Ìý Ìý

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.Ìý 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.Ìý

Cut-Off Dates for Dates of Final Action Chart for March 2024

The cut-off dates for the Dates of Final Action Chart for March 2024 for the noted countries of chargeability are as follows3:

EB-1: All countries of chargeability except China and India will be current.Ìý The cut-off date for China progresses to July 15, 2022, and for India, the cut-off date advances to October 1, 2020.ÌýÌý

EB-2: The cut-off dates for all countries except China and India move forward to November 22, 2022.Ìý The cut-off for China will remain stable at January 1, 2020, and the cut-off for India will remain at March 1, 2012.Ìý

EB-3 Professional and Skilled Workers: The cut-off dates for all countries of chargeability except China and India move forward to September 8, 2022.Ìý China’s cut-off date will remain at September 1, 2020, and India’s cut-off date will remain at July 1, 2012.ÌýÌý

EB-3 Other Workers: All countries of chargeability except China, India, and the Philippines will have a cut-off date of September 8, 2020.Ìý China’s cut-off date will remain January 1, 2017, India’s cut-off date will remain at July 1, 2012, and the cut-off date for the Philippines will stay at May 1, 2020.Ìý

EB-4: The cut-off dates for all countries will progress to December 1, 2019.Ìý

Certain Religious workers: The cut-off dates for all countries will move forward to December 1, 2019.

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.Ìý 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.ÌýÌý

USCIS has determined that for the month of March 2024, Form I-485, Applicationsto Register Permanent Residence or Adjust Status, will be accepted based on the Final Action Dates Chart.Ìý

Contacts

Elizabeth Nanton
Elizabeth Nanton

Partner and U.S. Immigration Practice Leader, ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø Law LLP

ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø in Canada

jashan-girn
Jashan Girn

Associate Attorney

ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø in Canada

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Footnotes

1Ìý U.S. Department of StateÌý.

2Ìý See the “â€� page on the USCIS website.

3Ìý U.S. Department of StateÌý

Disclaimer

*Ìý Please note that ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø LLP (U.S.) does not provide any immigration services.Ìý However, ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø Law LLP in Canada can assist clients with U.S. immigration matters.Ìý Ìý

The information contained in this newsletter was submitted by the ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International member firm in Canada.

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