The February 2024 Visa Bulletin released by the U.S. Department of State showed little change compared to the significant advancement in the January 2024 Visa Bulletin.
Final Action Dates
The chart above shows the final action dates for employment-based immigrant visas as published in the February 2024 Visa Bulletin. These are cut-off dates that determine the availability of immigrant visas depending upon the priority date of applicants.
The priority date is the date on which the initial Green Card application was filed with United States Citizenship and Immigration Services (USCIS). For EB-5 applicants, it is the date of filing of Form I-526E.
If an applicant’s priority date falls before the corresponding final action date in their category, they may move forward with their immigrant visa application.
Final action date “C” or “current” indicates that there is no backlog in that category for the corresponding nationality, and the immigrant visa can be issued immediately upon approval.
No Movement in EB-1; EB-2 and EB-3 Advance Slightly
After substantial movement in the EB-1 category for India and China last month, there was no change in the final action dates in this category in the February 2024 Visa Bulletin. The final action dates remain September 1, 2020, for India and July 1, 2022, for China. EB-1 worldwide continues to be “current.”
In the EB-2 category, final action dates advanced by two weeks to November 15, 2022, for all countries except India and China. The cut-off dates for both countries remain unchanged at March 1, 2012, and January 1, 2020, respectively.
The EB-3 Professionals and Skilled Workers category also saw a one-month advancement for India to July 1, 2012, and for all other countries (except China) to September 1, 2022. For China, the final action date remains unchanged at September 1, 2020.
The EB-3 Other Workers category remains largely unchanged except for India, which advanced by one month to July 1, 2012.
For the EB-4 and Religious Workers category, the final action date continues to be May 15, 2019, for all countries.
EB-5: A Little Advancement for China, No Change for India
The EB-5 visa unreserved category continues to remain “current” for all countries except India and China — the only two nations with assigned final action dates for EB-5 investors.
After a substantial two-year leap in January 2024, the cut-off date remains unchanged for India at December 1, 2020. China’s final action date advanced by one week to December 15, 2015.
The EB-5 set-aside reserved categories continue to be “current” for all nations, including India and China, indicating no backlog in these categories.
Investors applying for set-aside reserved category visas can move forward with their immigration process as soon as they receive I-526E petition approval.
Dates for Filing
Whereas the “Final Action Date” chart reflects when a visa is expected to become available for the applicant’s nationality within their category, the “Dates for Filing” chart determines the date when an applicant can submit the final immigrant visa application.
EB-5 investors must have an approved I-526E petition before they can file their visa application.
No Change in Dates for Filing, To Be Accepted for Adjustment of Status
There is no movement in any of the dates for filing from the previous month’s bulletin.
Besides China and India, other reserved and unreserved EB-5 categories are “current,” i.e., there is no cut-off date.
Get a U.S. Green Card Quickly With EB-5 Reserved Category Visas
Under the EB-5 Reform and Integrity Act of 2022 (RIA), 32% of the annual EB-5 visa quota is allocated as set-aside visas for projects in targeted employment areas (TEAs) and certain infrastructure projects— reserving 20% for rural projects, 10% for high-unemployment projects, and 2% for infrastructure projects.
As per the February 2024 Visa Bulletin, these reserved categories are “current” for all countries, meaning there is no waiting time as visas are still available.
Indian and Chinese EB-5 investors can avoid the backlogging in the unreserved visa queue by selecting projects that qualify for these set-aside visas.
By choosing a rural EB-5 project, investors can further speed up their Green card process, as USCIS grants priority processing to rural I-526E petitions.
Since the rural category has a larger supply of visas than the other two set-aside categories, it also offers Chinese and Indian investors a better chance of obtaining an EB-5 visa before the reserved quota is used up.
Embarking on the EB-5 Immigration Process
For real-life examples of how to go about the EB-5 process, including finding an immigration attorney and selecting a project, watch EB5AN’s investor interview series.
We also encourage you to schedule a free consultation with EB5AN and find out if EB-5 is right for you.
