Department of State September 2024 Visa Bulletin Summary

The Department of State has released the September 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In September 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in September 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India will remain at February 1, 2022, and the Final Action Date for China will remain at November 1, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at July 15, 2012 and China will remain at March 1, 2020. All other countries will remain at March 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will remain at October 22, 2012, while China will remain at September 1, 2020. All other countries will retrogress by one year to December 1, 2020.

The Final Action Dates for all EB-4 will remain at January 1, 2021 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

The State Department anticipates that the worldwide Final Action Dates for EB-3 will advance in the October 2024 Visa Bulletin.

USCIS Announces Second FY2025 H-1B Cap Lottery Will Run

Today, the United States Citizenship and Immigration Service (USCIS) announced that they did not receive a sufficient number of submissions in the March 2024 lottery to meet the annual H-1B quota for Fiscal Year 2025 and will therefore run a second H-1B lottery of the unselected electronic registrations previously submitted. The Agency has indicated that the second selection process will begin "soon" and that they will notify prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the selected registration once the lottery has been conducted. 

While USCIS will not be conducting a second selection for the advanced degree exemption (the master’s cap), the second round of selection for the regular cap will include previously submitted registrations that indicated eligibility for the master’s cap along with those that indicated only eligibility for the regular cap.

D&S will closely monitor the progress of the second lottery and will continue to provide updates once USCIS announces that they have completed this second process of selections and notifications.

Update: USCIS has announced that as of today, August 5, 2024, the second H-1B cap lottery has been completed and the agency has now selected a sufficient number of registrations to reach the FY2025 regular H-1B cap and has notified all selected registrations.

August 2024 State Department Visa Bulletin Summary

The Department of State has released the August 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In August 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in August 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India will remain at February 1, 2022, and the Final Action Date for China will remain at November 1, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at June 15, 2021 and China will remain at March 1, 2020. All other countries will remain at March 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by one month to October 22, 2012, while China will remain at September 1, 2020. All other countries will remain at December 1, 2021.

The Final Action Dates for all EB-4 will remain at January 1, 2021 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

The State Department projects that the worldwide Final Action Dates for EB-3 will likely retrogress or become unavailable in the September 2024 Visa Bulletin.








White House and DHS Announce New Processes for Undocumented Spouses of U.S. Citizens and Dreamers with U.S. Degrees

On June 17, 2024, the Department of Homeland Security (DHS) announced certain actions to promote family unity in the immigration process, echoed by the White House on June 18. The White House and DHS’s announcements offer preliminary information on two new programs: a new pathway for undocumented spouses of U.S. citizens to obtain permanent residence, and a program to ease the employment visa process for DACA recipients who have a U.S. degree and a job offer.

Under current law, in order to apply for a green card, many undocumented spouses of U.S. citizens must first depart the United States and wait to be processed abroad. The new program would establish a process for eligible individuals to be able to apply for a green card without having to leave the United States, allowing DHS to consider requests for certain undocumented spouses of U.S. citizens who: have lived in the United States for at least 10 years; do not pose a threat to public safety or national security; are otherwise eligible to apply for adjustment of status; and merit a favorable exercise of discretion. 

To be eligible for the new program, an individual must: 

  • Be present in the United States without admission or parole; 

  • Have been continuously present in the United States for at least 10 years as of June 17, 2024; and 

  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

In addition, undocumented children of potential requestors may be eligible if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024. DHS estimates that about 500,000 undocumented spouses of U.S. citizens could be eligible for the new process, as well as about 50,000 children of these spouses. DHS will consider requests from eligible individuals on a case-by-case basis.

In addition, DHS and the Department of State (DOS) will join efforts to facilitate certain employment-based nonimmigrant visas for DACA recipients and other Dreamers who have earned a U.S. degree and who have received a job offer from a U.S. employer in a field related to their degree. The White House and DHS announcements will allow these individuals to more quickly receive work visas, like H-1B visas and others.


Further information on the new programs and application processes is expected in the coming weeks. D&S is closely monitoring and will provide updates as they become available.

Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the White House and DHS announcements may affect your specific circumstances, please contact your team at D&S.

July 2024 State Department Visa Bulletin Summary

The Department of State has released the July 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In July 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in July 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India will advance by eleven months to February 1, 2022, and the Final Action Date for China will advance by two months to November 1, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will advance by two months to June 15, 2021 and China will advance by one month to March 1, 2020. All other countries will advance by two months to March 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by one month to September 22, 2012, while China will remain at September 1, 2020. All other countries will retrogress by eleven months and three weeks to December 1, 2021.

The Final Action Dates for all EB-4 will advance by two months to January 1, 2021 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

The State Department projects that the worldwide Final Action Dates for EB-3 will likely retrogress further or become unavailable in the August 2024 Visa Bulletin.

June 2024 State Department Visa Bulletin Summary

The Department of State has released the June 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In June 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in June 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date India will remain at March 1, 2021, and the Final Action Date for China will remain at September 1, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at April 15, 2021 and China will remain at February 1, 2020. All other countries will remain at January 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by one week to August 22, 2012, while China will remain at September 1, 2020. All other countries will remain at November 22, 2022.

The Final Action Dates for all EB-4 will remain at November 1, 2020 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

The State Department projects that the worldwide Final Action Dates for EB-2 and EB-3 will most likely retrogress in the July 2024 Visa Bulletin.

DOS Releasing FY 2025 Diversity Visa Lottery Winners May 4, 2024

The State Department (DOS) will release the winners of the FY 2025 Diversity Visa Lottery tomorrow, May 4, 2024, starting at noon ET. Foreign nationals who entered the lottery must check the DOS’s official website to learn whether they were selected to apply for a diversity visa—the DOS will not send direct notifications to lottery winners.

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USCIS Adopts DOL’s Definition of “Science or Art” for Schedule A PERM Filings

USCIS issued new policy guidance to adopt the Department of Labor’s definition of “science or art” for certain PERM cases that bypass DOL review.

As background, while many EB-2 and EB-3 petitioners must submit a PERM to the DOL for certification before filing a Form I-140, Immigrant Visa Petition, for certain occupations referred to as “Schedule A” occupations, DOL has predetermined that there are not sufficient U.S. workers who are able, willing, qualified, and available, and employers are therefore able to submit the PERM directly to USCIS along with the I-140, bypassing the DOL.

Schedule A includes two groups, as defined by DOL: Group I, registered nurses and physical therapists; and Group II, beneficiaries with exceptional ability in the sciences or arts (except performing arts) and beneficiaries with exceptional ability in performing arts.

While USCIS already considered DOL regulations when adjudicating Schedule A occupations before this update, the updated policy guidance ensures consistency in USCIS’s application of Schedule A, and namely Group II, classifications.

USCIS’s Policy Manual now includes DOL’s definition of “science or art”: “any field of knowledge of skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in the knowledge or skill.”

The policy guidance clarifies that adjudicators should not confuse the requirements for designating a beneficiary under Schedule A, Group II (immigrants of exceptional ability in the sciences or arts, including performing arts) with the requirements to classify someone under the EB-2 category (for immigrants of exceptional ability in the sciences, arts, or business). While both DOL and USCIS regulations refer to noncitizens of "exceptional ability," each regulation defines the term "exceptional ability" differently.

DOL's standard for Schedule A, Group II designation is "widespread acclaim and international recognition accorded the alien by recognized experts in the alien's field," (similar to the standard used for the EB-1A category but distinct from the EB-2 category's requirement of "a degree of expertise significantly above that ordinarily encountered.").

For Schedule A, Group II cases, the documentation required must be accompanied by evidence of exceptional ability.

Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the updated guidance on Schedule A, Group II may apply to your circumstances, please contact your team at D&S.

The Department of State has released the May 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In May 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in May 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India will remain at March 1, 2012, and the Final Action Date for China will remain at September 1, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at April 15, 2021 and China will remain at February 1, 2020. All other countries will remain at January 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will remain at August 15, 2012, and China will remain at September 1, 2020. All other countries will remain at November 22, 2022.

The Final Action Dates for all EB-4 will remain at November 1, 2020 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

The State Department projects “very little to no forward movement” in employment-based immigrant visa categories in the coming months, due to the fact that many employment-based Final Action dates advanced in the April 2024 Visa Bulletin.








Automatic Extension Period for Certain EAD Renewals Will Temporarily Increase to 540 Days

USCIS announced a temporary final rule to increase the maximum automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from 180 days to 540 days. The rule aims to prevent those with pending EAD renewal applications from having their work authorization lapse while waiting for USCIS to adjudicate their application. The new automatic extension will apply to certain eligible applicants who filed an EAD renewal application on or after October 27, 2023, if their application is still pending on the rule’s publication date, scheduled for April 8, 2024.

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USCIS Will Update Available Gender Marker Options on Forms, Starting With Form N-400

USCIS revised its policy guidance to clarify the availability of gender options on USCIS forms and secure documents. USCIS will include a third gender option denoted by “X,” which it defines as “Another Gender Identity,” in addition to the “Male (M)” and “Female (F)” options previously offered exclusively, starting with the Application for Naturalization, Form N-400. USCIS anticipates that the X option will become more broadly available upon each form’s revision, but in the meantime, the available gender options will depend on each form, and benefit requestors must continue to submit each form in accordance with that form’s instructions.

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FY2025 H-1B Cap Registration Deadline Extended to 12 pm ET on March 25

USCIS has announced that it will be extending the H-1B cap registration deadline to March 25, 2024, at noon ET, due to a recent system outage. The registration period was originally scheduled to run only through noon ET on Friday, March 22, but employers will now have until noon ET on Monday, March 25.

Until noon ET on March 25, 2024, prospective petitioners and their legal counsel can register beneficiaries for the H-1B cap selection process and pay the associated registration fee using their myUSCIS organizational account. USCIS still intends to notify selected registrants by March 31, 2024.

Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the H-1B cap registration extension may apply to your circumstances, please contact your team at D&S.

Department of State April 2024 Visa Bulletin Summary

The Department of State has released the April 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In April 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in April 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India will advance by five months to March 1, 2021, and the Final Action Date for China will advance by six weeks to September 1, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will advance by six weeks to April 15, 2021 and China will advance by one month to February 1, 2020. All other countries will advance by seven weeks to January 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by six weeks to August 15, 2012, and China will remain at September 1, 2020. All other countries will advance by two and a half months to November 22, 2022.

In the fourth preference category EB-4, Minister and Non-Minister Religious Workers Program is set to expire on March 22, 2024. If Congress doesn't take any action to extend the dates beyond that date, the category will become “unavailable” after midnight on March 24.

With respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

In addition, the State Department projects “very little to no forward movement” in employment-based immigrant visa categories in the coming months, due to the fact that many employment-based Final Action dates will advance in the April 2024 Visa Bulletin.

Department of State March 2024 Visa Bulletin

The Department of State has released the March 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In March 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in March 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India will advance by one month to October 1, 2020, and the Final Action Date for China will advance by two weeks to July 15, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at March 1, 2012, while China will remain at January 1, 2020. All other countries will advance by one week to November 22, 2022.

The EB-3 Professional/Skilled Worker Final Action Date for India will remain at July 1, 2012, and China will remain at September 1, 2020. All other countries will advance by one week to September 8, 2022.

The Final Action Dates for all EB-4 will advance by approximately six months to December 1, 2019 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.








Department of State February 2024 Visa Bulletin Summary

The Department of State has released the February 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In February 2024, USCIS will continue to accept employment-based adjustment of status applications based on the Dates for Filing Employment-Based Preference chart. To be eligible to file an adjustment of status application in February 2024, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

The EB-1 Final Action Date for India will remain at September 1, 2020, and the Final Action Date for China will remain at July 1, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at March 1, 2012, while China will remain at January 1, 2020. All other countries will advance by two weeks to November 15, 2022.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by one month to July 1, 2012, and China will remain at September 1, 2020. All other countries will advance by one month, to September 1, 2022.

The Final Action Dates for all EB-4 will remain at May 15, 2019 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will advance by one week to December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

We note again that USCIS will accept adjustment of status applications under the Dates for Filing chart in February 2024. In order to be eligible to file an employment-based adjustment of status application, foreign nationals must have a priority date that is earlier than the Dates for Filing listed below:

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








Significant USCIS Filing Fee Increases Anticipated for Employment-Based Nonimmigrant and Immigrant Petitions

On January 8, 2024, a regulation that would increase filing fees across a wide range of immigration benefit petitions and applications progressed toward implementation, as the Department of Homeland Security (DHS) submitted it for federal review. DHS proposed the rule in January 2023 and accepted public comments until March 2023. According to DHS’s regulatory agenda, the final rule will be published in April 2024, but could be published sooner and potentially ahead of the FY2025 H-1B Registration window opening in March 2024. While the specific contents of the final rule cannot be known until it is published, the proposed rule provides a good indication of the changes that will be implemented. 

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USCIS Updates Guidance on Analysis of Employers’ Ability to Pay for Employment-Based Green Cards

USCIS issued policy guidance updating how it determines an employer’s ability to pay the wage being offered to the beneficiary of an immigrant visa petition (Form I-140), when the beneficiary changes employers while their I-140 is pending. Generally, employers sponsoring employment-based green cards must demonstrate their continuing ability to pay as of the I-140’s priority date until the beneficiary obtains their green card. To demonstrate their ability to pay, employers with fewer than 100 employees are required to submit annual reports, tax returns, or audited financial statements for each year from the priority date; employers with 100 or more employees may instead submit a statement from a financial officer attesting to their ability to pay.

The beneficiary of an I-140 who changes employers and whose petition has been pending for at least 180 days can “port” their petition to the new employer, so long as the new job is in a similar occupation as the original job. The updated guidance explains that, when the beneficiary of a pending I-140 ports their petition to a new employer, USCIS determines ability to pay by only reviewing facts in existence from the priority date to the time of filing—in other words, USCIS will look to the employer who filed the petition’s ability to pay. For petitions that require a Labor Certification Application (PERM), the priority date is the date the PERM was received by the Department of Labor (DOL), and USCIS will make its determination based on the facts in existence from that date to the I-140 filing date. For petitions that do not require a PERM, the priority date is the I-140 filing date, and USCIS will make its determination based on the facts in existence on that date.

Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the update to the ability-to-pay analysis may apply to your circumstances, please contact your team at D&S.


Premium Processing Fees Will Increase February 26, 2024 

Starting February 26, 2024, premium processing fees will increase for immigrant worker petitions, nonimmigrant worker petitions, applications to extend or change nonimmigrant status, and applications for OPT employment authorization. The full table of adjusted premium processing fees is:

  • Form I-140, Immigrant Petition for Alien Worker, from $2,500 to $2,805;

  • Form I-129, Petition for a Nonimmigrant Worker, from $2,500 to $2,805 (from $1,500 to $1,685 for H-2B and R-1 petitions only)

  • Form I-539, Application to Extend/Change Nonimmigrant Status, from $1,750 to $1,965; and

  • Form I-765, Application for Employment Authorization, from $1,500 to $1,695 for F-1 OPT applications only.

The new fees will apply to premium processing requests postmarked on or after February 26, 2024. Moving forward, USCIS plans to adjust premium processing fees biennially.

USCIS has proposed a range of fee increases for other filings, but that proposal remains under review. We will continue to post updates as and if USCIS implements the proposed changes.

Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how premium processing fee increases may apply to your circumstances, please contact your team at D&S.