Analysis of the October 2024 Employment-Based Visa Bulletin
October 1st marks the start of the new U.S. fiscal year, which resets the immigrant visa allocation for employment-based categories. The worldwide level for annual employment-based immigrants is set at 140,000, but this number can increase depending on whether any family-based visas from the previous fiscal year (FY2024) went unused. This recalibration often results in changes to priority dates in the Visa Bulletin. We take a closer look at the September 2024 and October 2024 Visa Bulletins to gauge how this reset has affected various employment-based categories, especially for India and China, which face the longest backlogs.
Final Action Date Movement
- 1st Preference (EB-1: Priority Workers)
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- All Chargeability Areas Except Those Listed: Current (C) (no change)
- China: 08NOV22 (slightly advanced)
- India: 01FEB22 (no change)
- 2nd Preference (EB-2: Advanced Degrees or Persons of Exceptional Ability)
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- All Chargeability Areas Except Those Listed: 15MAR23 (no change)
- China: 22MAR20 (slight forward movement)
- India: 15JUL12 (no movement)
- 3rd Preference (EB-3: Skilled Workers, Professionals, and Other Workers)
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- All Chargeability Areas Except Those Listed: 15NOV22 (forward movement)
- China: 01APR20 (slight retrogression)
- India: 01NOV12 (slight forward movement)
- Other Workers (Unskilled Labor under EB-3)
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- All Chargeability Areas Except Those Listed: 01DEC20 (no change)
- China: 01JAN17 (no change)
- India: 01NOV12 (slight forward movement)
- 5th Preference (EB-5: Employment Creation)
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- All Chargeability Areas Except Those Listed: Current (C) (no change)
- China: 15JUL16 (slightly advanced)
- India: 01JAN22 (significant forward movement)
Dates for Filing Movement
- 1st Preference (EB-1: Priority Workers)
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- All Chargeability Areas Except Those Listed: Current (C) (no change)
- China: 01JAN23 (no change)
- India: 15APR22 (slight forward movement)
- 2nd Preference (EB-2: Advanced Degrees or Persons of Exceptional Ability)
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- All Chargeability Areas Except Those Listed: 01AUG23 (slight forward movement)
- China: 01OCT20 (forward movement)
- India: 01JAN13 (forward movement)
- 3rd Preference (EB-3: Skilled Workers, Professionals, and Other Workers)
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- All Chargeability Areas Except Those Listed: 01MAR23 (slight forward movement)
- China: 15NOV20 (retrogression)
- India: 08JUN13 (forward movement)
- Other Workers (Unskilled Labor under EB-3)
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- All Chargeability Areas Except Those Listed: 22MAY21 (slight forward movement)
- China: 01JAN18 (slight forward movement)
- India: 01JUN13 (forward movement)
- 5th Preference (EB-5: Employment Creation – Unreserved)
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- All Chargeability Areas Except Those Listed: Current (C) (no change)
- China: 01OCT16 (retrogression)
- India: 01APR22 (no change)
Key Takeaways from the Visa Bulletin Movement
Continued Backlogs for India and China in EB-2 and EB-3: Despite the fiscal year reset and new visa allocations, India and China continue to face significant backlogs in both EB-2 and EB-3 categories. For India, the EB-2 final action date remains stuck at 15JUL12, reflecting the heavy demand and the long queue for employment-based green cards in this category. Similarly, China’s EB-2 category saw only a slight forward movement from 01MAR20 in September to 22MAR20 in October 2024.
The EB-3 category shows similar patterns. Although India advanced slightly from 22OCT12 in September to 01NOV12 in October, this represents only marginal progress in light of the substantial backlog. For China, the slight retrogression in EB-3 final action dates from 01SEP20 to 01APR20 indicates continued strain on visa availability.
These minimal movements highlight the ongoing challenge posed by the 7% per-country limit for immigrant visas, which severely impacts applicants from high-demand countries like India and China. This bottleneck continues to elongate wait times for many individuals who are otherwise eligible for green cards but are constrained by the system’s numerical limits.
Positive Movement in EB-5 for India: One of the more positive movements in the Visa Bulletin is in the EB-5 (Employment Creation- Unreserved) category, particularly for India. The final action date for India EB-5 advanced significantly from 01DEC20 in September to 01JAN22 in October. This jump provides substantial relief to many Indian investors waiting in the EB-5 queue. This advancement can be attributed to the relatively low demand in the EB-5 category compared to EB-2 and EB-3, and the broader availability of visa numbers. The EB-5 categories that were most benefited by the EB-5 Reform and Integrity Act of 2022 remain currently available for all countries.
For China, the EB-5 category also saw some progress, advancing from 15DEC15 in September to 15JUL16 in October. However, demand for China EB-5 visas remains high, and progress continues to be slow.
Movement in Worldwide Categories (All Chargeability Areas Except Those Listed): In contrast to India and China, applicants in the All-Chargeability Areas Except Those Listed (which includes countries outside of the oversubscribed regions of China, India, Mexico, and the Philippines) saw more favorable movement across several categories, particularly in EB-3. The EB-3 final action date for these areas advanced from 01DEC20 in September to 15NOV22 in October. This represents a notable forward movement, indicating less backlog pressure and a quicker path to filing green card applications.
Similarly, the Dates for Filing in EB-2 for worldwide applicants advanced slightly from 22MAR23 to 01AUG23, reflecting ongoing availability of visa numbers for these less backlogged countries.
What This Means for Employment-Based Applicants
The fiscal year reset brings fresh hope and new visa allocations, which often lead to movement in priority dates. However, the overall impact varies greatly depending on the country of chargeability and the specific employment-based category. Here’s what it means for various groups of applicants:
Applicants from India and China:
- EB-2 and EB-3: For Indian and Chinese nationals, particularly those in EB-2 and EB-3, the reality remains challenging. Despite the reset, the advancement of priority dates is minimal, and applicants in these categories should expect long wait times. Given the large number of applicants and the per-country visa cap, the backlogs will likely continue for the foreseeable future. These applicants may consider exploring other visa categories (such as EB-1 or EB-5) if they qualify, or pursuing temporary work visa extensions while awaiting green card availability.
- EB-5: The advancement in EB-5 for India is a rare bright spot, and applicants in this category may benefit from faster processing times. Indian investors who have filed or are considering filing under the EB-5 category should take advantage of this significant forward movement to expedite their immigration process. For China, while the movement was slower, applicants can still expect some forward movement as demand stabilizes.
Applicants from All Chargeability Areas Except Those Listed:
- EB-2 and EB-3: Applicants in EB-3 from non-backlogged countries should view the October 2024 movement as an opportunity to progress with their applications. The movement from 01DEC20 to 15NOV22 in final action dates allows a significant portion of applicants to proceed with green card filings. EB-2 applicants also benefited from slight advancements in dates for filing, which means they can now assemble and submit the required documentation earlier.
The October 2024 Visa Bulletin reflects the typical recalibration seen at the start of a new fiscal year, with movement across employment-based categories. While some categories, such as EB-5 for India, experienced significant forward movement, applicants in heavily backlogged categories like EB-2 and EB-3 for India and China still face long wait times. Meanwhile, applicants from less oversubscribed countries under All Chargeability Areas Except Those Listed have reason to be optimistic, especially in EB-3, where they saw the most substantial advancements.