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Green Card: US Visa Bulletin for September 2024: Major Green Card setback for many countries; are Indians facing a setback in EB-3?

US Green Card Applications: The U.S. Department of State confirmed significant setbacks for those waiting for a job-based green card in the September 2024 USCIS Visa Bulletin. The most notable change is a significant setback in the EB-3 category, affecting applicants from several regions. This development was expected according to previous State Department predictions.

The September Visa Bulletin brought a significant change to the EB-3 category. For applicants from all chargeability areas, Mexico, and the Philippines, there will be a full-year backtrack, with the priority date moving to December 1, 2020. In addition, the Other Workers category for all chargeability areas and Mexico will also see a one-month backtrack, to December 1, 2020.

Most categories in the September 2024 bulletin remain unchanged. However, the decline in the EB-3 category is an important development that gives many hope for possible progress in the upcoming October bulletin.

Understanding the Visa Bulletin is critical for individuals applying for a green card because it contains important information about the timeline for adjustment of immigration status and eligibility based on the application. The Bulletin serves as a guide to the path to a green card and consists of two main sections.

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Deadlines for submission: This section provides the earliest date applicants can file their adjustment of status or immigrant visa applications. It helps applicants determine when they can proceed with filing based on their visa category and country of origin.

Dates for final measures: These dates indicate the estimated wait time for the application to be approved, leading to permanent residency. They act as a queue based on visa category and nationality, indicating when applicants can expect their application to be processed. However, there is one crucial caveat with employment-based Green Card (EB) adjustments. To apply in August 2024, applicants must have an application date before a specific date listed for their category and country in the bulletin to ensure their eligibility to apply. The importance of the final action dates lies in their role in application processing. These dates vary by visa type and nationality, and directly impact the length of the Green Card application process and potential wait times. Understanding and monitoring these dates is critical for individuals going through the Green Card application process.

Highlights from the September 2024 Visa Bulletin

Family Sponsored Applications

The Visa Bulletin describes preference categories for family-sponsored immigrants and provides important information for navigating the Green Card process. The categories are as follows:

  • First preference (F1): Unmarried sons and daughters of US citizens
  • Second preference (F2): Spouses and children as well as unmarried sons and daughters of permanent residents
    • F2A: Spouses and children of permanent residents
    • F2B: Unmarried sons and daughters (21 years or older) of permanent residents
  • Third preference (F3): Married sons and daughters of US citizens
  • Fourth preference (F4): Brothers and sisters of adult US citizens

The Bulletin provides detailed insights into immigrant visa allocations, based primarily on priority dates and demand received by April 1 of each fiscal year. When demand exceeds available visas in a particular category or country, that category is considered oversubscribed. In such cases, the final processing date for oversubscribed categories is determined by the priority date of the first applicant who could not be accommodated within the numerical limits.

For fiscal year 2024, the limit for family-sponsored preference immigrants is set at 226,000, with specific allocations for each preference category. In addition, there are country-specific limits set at 7% of the total annual limits for family-sponsored and employment-based preference immigrants. Immigrant visas are issued in order of priority based on the date the application is filed.

Spouses and children of preferred immigrants are entitled to the same status and consideration as the principal applicant. In cases where the number of visas issued exceeds the limit per country, pro rata visa allocation provisions come into effect for oversubscribed fee areas, including China (born on the mainland), India, Mexico, and the Philippines. These provisions ensure equitable distribution of visas among applicants from different countries.

Understanding these intricacies is critical for individuals going through the immigrant visa process. The Visa Bulletin serves as an important tool, providing important information about visa availability and processing time so applicants can plan their immigration effectively.

GREEN CARDS WITH FAMILY POSITION: LAST PROMOTION DATES

Family sponsored
INDIA
formula 1 22 October 2015 (unchanged)
F2A 15 November 2021 (unchanged)
F2B 1 May 2016 (unchanged)
F3 1 April 2010 (unchanged)
F4 22 January 2006 (unchanged)

GREEN CARDS UNDER FAMILY POSITION: SUBMISSION DATES

Family sponsored INDIA
formula 1 1 September 2017 (unchanged)
F2A 15 June 2024 (unchanged)
F2B 1 January 2017 (unchanged)
F3 1 January 2011 (unchanged)
F4 15 June 2006 (unchanged)

Employment-related preferences

The allocation of immigrant visas in the employment-based preference categories is structured to ensure a balanced distribution among different types of skilled and unskilled workers, professionals, and investors. Understanding these categories and their allocation percentages is critical for individuals applying for employment-based immigrant visas.
1. Priority workers: This category receives 28.6% of the global employment-related preferential amounts. These include:

  • People with exceptional skills in their field
  • Outstanding professors and researchers
  • Executives or managers of multinational companies

In addition, any numbers not required for the fourth and fifth preferences can also be assigned here.

2. Professionals with advanced degrees or persons with exceptional abilities: This category is also allocated 28.6% of the global employment preference level, plus any figures not required by the first preference. It includes:

  • People with higher qualifications
  • Individuals with exceptional skills in their respective fields

3. Skilled, professional and other workers: This category receives 28.6% of the global level, together with all the figures not required by the first and second preferences. These include:

  • Skilled workers and professionals
  • “Other workers” performing unskilled work, with a ceiling of 10,000 visas

4. Certain special immigrants: This category is allocated 7.1% of the global share and includes:

  • Religious workers
  • Certain U.S. State Department employees
  • Persons who have served in the U.S. Armed Forces

5. Job creation: This category also receives 7.1% of the global level. It is further subdivided to ensure targeted investment and job creation:

  • 20% for skilled immigrants investing in rural areas
  • 10% for those investing in areas with high unemployment
  • 2% for those investing in infrastructure projects
  • The remaining 68% is unrestricted and available to all other eligible investors.

These employment-based preference categories are designed to attract a diverse pool of talented individuals to the United States, thereby fostering economic growth and innovation. Understanding these allocation percentages and categories can help applicants better navigate the U.S. immigration system and plan their visa applications accordingly.

GREEN CARDS BASED ON AN EMPLOYMENT RELATIONSHIP-RELATED STANDARD: LAST PROMOTION DATES

Employment-related
INDIA
1st place February 1, 2022 (unchanged)
2nd place 15 July 2012 (unchanged)
3rd place 22 October 2012 (unchanged)
Other employees 22 October 2012 (unchanged)
4th place January 1, 2021 (unchanged)
Certain religious workers January 1, 2021 (unchanged)
5. Not reserved (including C5, T5, I5, R5) December 1, 2020 (unchanged)
5. Set-aside: Rural areas (20%) Current
5. Exception: High unemployment (10%) Current
5. Set aside: Infrastructure (2%) Current

GREEN CARDS FOR EMPLOYMENT RELATIONSHIPS: SUBMISSION DEADLINES

Employment-related
INDIA
1st place February 8, 2022 (unchanged)
2nd place July 22, 2012 (unchanged)
3rd place 1 November 2012 (unchanged)
Other employees 1 November 2012 (unchanged)
4th place February 1, 2021 (unchanged)
Certain religious workers February 1, 2021 (unchanged)
5. Not reserved (including C5, T5, I5, R5) April 1, 2022 (unchanged)
5. Decommissioning: (rural – 20%) Current
5. Set aside: (High unemployment – ​​10%) Current
5. Set aside: (Infrastructure – 2%) Current

By Olivia

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