On March 8, 2024, the U.S. Department of State (DOS) published the April 2024 Visa Bulletin. This is the first bulletin in the second quarter, and it reflects advances in most employment-based categories, as follows:

  • EB-1
    • EB-1 China: advances six weeks to Sept. 1, 2022;
    • EB-1 India: advances five months to March 1, 2021; and
    • EB-1 All Other Countries: remains current.
  • EB-2
    • EB-2 China: advances one month to Feb. 1, 2020;
    • EB-2 India: advances six weeks to April 15, 2012; and
    • EB-2 All Other Countries: advances seven weeks to Jan. 15, 2023.
  • EB-3
    • EB-3 China: remains the same at Sept. 1, 2020.
    • EB-3 India: advances six weeks to Aug. 15, 2012; and
    • EB-3 All Other Countries: advances 2.5 months to Nov. 22, 2022.

The DOS Visa Bulletin summarizes the availability of immigrant numbers and releases Dates for Filing Applications and Final Action Dates charts monthly for both employment-based and family-based immigrant visas. U.S. Citizenship and Immigration Services (USCIS) then confirms which chart applicants must use to file their Adjustment of Status Application. For April 2024, USCIS confirmed applicants in all family-sponsored preference categories must use the Dates for Filing chart while all employment-based preference categories must use the Final Action Dates chart.

Accordingly, an employment-based foreign national must have a priority date that is earlier than the date listed in the Final Action Date chart for their preference category and country of chargeability in order to be eligible to file an Adjustment of Status application or have the permanent residence application granted. Please see below for the April 2024 Employment-Based Visa Applications Final Action Dates Chart:

Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES
1st C 01SEP22 01MAR21 C C
2nd 15JAN23 01FEB20 15APR12 15JAN23 15JAN23
3rd 22NOV22 01SEP20 15AUG12 22NOV22 22NOV22
Other Workers 08OCT20 01JAN17 15AUG12 08OCT20 01MAY20
4th 01NOV20 01NOV20 01NOV20 01NOV20 01NOV20
Certain Religious Workers U U U U U
5th Unreserved
(including C5, T5, I5, R5)
C 15DEC15 01DEC20 C C
5th Set Aside:
Rural (20%)
C C C C C
5th Set Aside:
High Unemployment (10%)
C C C C C
5th Set Aside:
Infrastructure (2%)
C C C C C


DOS projects little to no movement in the priority dates for employment-based categories through the remainder of the fiscal year, which ends Sept. 30, 2024.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.