Thursday, September 12th, 2024 –The U.S. Department of State (DOS) published the monthly Visa Bulletin for October, revealing an advancement of EB-5 Final Action Dates, for the upcoming month. October 1st marks the beginning of the USCIS fiscal year and the release of this year’s visa allocation.
EMPLOYMENT-BASED PREFERENCES
Fifth: Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)
All dates are Current for Post-RIA filers in any Set Aside Category for investors chargeable (Born) in any county. This means anyone filed or filing under the set-aside category currently has a visa available upon approval and is eligible for concurrent adjustment of status.
China Mainland Unreserved Chargeable (Born) Investors: Advanced a historic 213 days from the September Visa Bulletin. This was the first advance since February 2024 and the greatest forward movement for China since the backlog began. This is a great signal for all Chinese waiting for a visa under the legacy program (before March of 2022). If you filed before July 15th, 2016, you are now eligible to receive your visa.
India Unreserved Chargeable (Born) Investors: Advanced a substantial 396 days from the September Visa Bulletin. This is great news for legacy program (before March of 2022) India investors. If you filed before January 1st, 2022, you are now eligible to receive your visa.
DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.
All Post-RIA Reserved EB-5 categories (rural, high-unemployment, and infrastructure), remain “current” allowing for adjustment of status. It is expected that no cutoff dates will be required for Reserved EB-5 categories, in the first half of FY2025. We will provide updates as the year progresses.
While dates retrogressed sightly for China unreserved and stayed the same for India unreserved, USCIS will once again reopen Chart B, for Legacy I-526 adjustment of status, welcoming I-485 filings for Pre-RIA (March 2022) filers. We encourage eligible investors with a pending or approved I-526 in the USA on a qualifying status to consult their immigration attorney about adjusting status.
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