No more visas in September: EB-2 Visa Annual Limit Reached for 2024!!!

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If you are applying for an employment-based immigrant visa, you won’t want to miss this important update regarding visa availability. In this video, attorney Jacob Sapochnick discusses some new information released in the Department of State’s September Visa Bulletin which impacts most employment-based preference categories.

Want to know more? Just keep on watching

Overview

Recently, the U.S. Department of State published a new update in its September Visa Bulletin, which warns applicants that due to a steady increase in demand for employment-based visas in fiscal year 2024, the annual numerical limits have been reached for all employment-based preference categories.

As a result, no further immigrant visas or green cards will be issued for the remainder of the fiscal year which ends on September 30, 2024. This means that if your case is currently waiting for interview scheduling with USCIS or the National Visa Center, no further action will be taken on your case until the new fiscal year begins and new final action cutoff dates are issued.

However, the good news is that the new fiscal year will begin on October 1st and a new allocation of visas has been made for the month of October. The October Visa Bulletin was released several weeks ago and has shown great progress.

For the month of October, the Final Action Date for EB-1 Worldwide remains current; EB-3 Worldwide will advance by nearly 2 years to November 15, 2022; and EB-5 Worldwide will remain current. The Final Action Date for EB-5 India will also make significant advancement of 13 months to January 1, 2022, and China will advance by 7 months to July 15, 2016.

Unfortunately, EB-3 China’s Final Action date will retrogress by 5 months to April 1, 2020, and in the Dates for Filing Chart, EB-3 China will retrogress by 7.5 months to November 15, 2020, and EB-5 China will retrogress by 3 months to October 1, 2016.

For more information about the October Visa Bulletin’s advancements, please click here.

How Will September’s Number Use Impact my Green Card Process?

The State Department’s announcement simply means that no more green cards or immigrant visas will be issued during the month of September because the numerical limits have been reached.

Due to this, individuals filing for an employment-based green card will need to review October’s visa bulletin to determine whether a green card will be available in the month of October based on their priority date, preference category, and country of nationality—your priority date dictates your place in line in the visa queue.

Navigating the Filing Charts of the Visa Bulletin

If you are applying for adjustment of status inside the United States or an immigrant visa through consular processing, you must review the Dates for Filing Chart of the October Visa Bulletin to know the earliest date when you can assemble and submit your documentation to USCIS or the National Visa Center (NVC) handling your application. Please note that the Dates for Filing Chart only allows for early submission of your case.

No interview appointments or green cards can be issued until your priority is current on the Final Action Dates chart. For many employment-based immigrants, this means it may take several years before your priority date becomes current on the visa bulletin.  As it stands, the only employment-based preference categories that are current in the October Visa Bulletin are EB-1 Worldwide and the EB-5 categories (except China and India).

What Steps Can You Take Now?

So, what steps can you take now that the employment-based numerical limits have been reached for the month of September?

The key is to plan ahead. If you are an employee looking to attract a U.S. employer, it is important to start networking and reaching out to prospective employers now. Notify your employer that a new fiscal year starts on October 1st and more green cards will become available for those waiting in the visa queue. You should also become familiar with the employment-based sponsorship process, including the steps that your employer must take to file a labor certification application on your behalf with the U.S. Department of Labor, the costs, and processing times associated with your application.

If you are interested in self-petitioning for a green card, you should contact an experienced immigration attorney early on to understand the criteria for employment-based categories that allow self-petitioning, such as the EB-1A immigrant visa for individuals of extraordinary ability (current on the Visa Bulletin), or the EB-2 National Interest Waiver (not yet current).

You should have a plan of action and determine which visa is most suitable based on your individual circumstances and goals.

To discuss what visa options may be right for you, please contact us to schedule a consultation.

Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.

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