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16 November 2024

Visa Bulletin Update Shows Limited Progress

December Visas Bulletin reveals unchanged filing timelines for most employment-based categories with minor advancements for select applicants

The December 2024 Visa Bulletin has been released by the U.S. State Department, and the updates come with some notable highlights for prospective immigrants. This monthly bulletin guides individuals seeking employment-based visas, indicating which applicants are eligible to file for Adjustment of Status applications.

One of the key takeaways from this bulletin is the stability of the Dates for Filing chart, meaning it remains unchanged from previous months. For applicants seeking employment-based adjustments, the continuity of these dates suggests no immediate progression for most categories, including EB-1, EB-2, and EB-3 categories. This consistency can feel disappointing for many applicants who were hoping for faster processing times.

Despite the lack of movement for many employment-based categories, there are slight advancements for applicants from India under the EB-2 and EB-3 categories. Specifically, the Final Action Dates for these categories have progressed modestly, with the EB-2 category moving forward by 15 days, now set at August 1, 2012, and the EB-3 category advancing by seven days, to November 8, 2012.

Let's break down these categories:

EB-1 Category:

For the EB-1 category, which includes individuals of extraordinary ability, outstanding professors and researchers, and multinational executives and managers, the Final Action Dates remain static. This holds true across various regions with no change, including significant countries like China and India.

EB-2 Category:

Moving to the EB-2 category, which serves professionals with advanced degrees, applicants from China will see no change, maintaining their positions as previously set. Indian applicants, conversely, will enjoy some movement, being able to advance their applications by 15 days. The cutoff had previously sat at July 15, 2012 but has been updated to August 1.

EB-3 Category:

Like its counterparts, the EB-3 category, targeted at skilled workers and professionals, shows slight advancements for India, with the final action date now set at November 8, 2012. Again, both China and other countries maintain their previous limits, which for EB-3, remains unchanged.

When it pertains to the EB-5 category, aimed at immigrant investors, the bulletin signals no changes for most applicants, with the cutoff dates for EB-5 unreserved categories for India holding at April 1, 2022, and those for China staying at October 1, 2016, with all other nations remaining current.

Employers and prospective immigrant applicants are advised to carefully monitor these updates as they often signal changing tides within immigration processes. Given the minimal movements observed across several categories, those involved are cautioned about potential delays moving forward, particularly related to processing backlogs. This situation could be rooted significantly in high demand for visas exacerbated by careful management of the allocations by the Department of State.

It has been suggested by immigration experts and advisers alike for employers to start considering early filing for programs like PERM (Program Electronic Review Management) to avoid being caught once processing times increase. The sooner applications reach the desk of the United States Citizenship and Immigration Services (USCIS), the higher the chances of positioning oneself favorably against growing backlogs.

User engagement and interest could follow from the fact presented by the bulletin: individuals with priority dates earlier than the published cutoff dates are permitted to file their Adjustment of Status applications. This remains pertinent for those waiting for clarity on their respective visa processes.

Overall, as we navigate December 2024, it is clear the immigration process remains intricately linked to both political and economic conditions, showing how fluctuations affect applicants across the globe. The steadfastness exemplified by many employment-based categories, whilst frustrating for applicants, could also, interestingly, reflect efforts by immigration authorities to stabilize the increasingly pressured system. Individuals and employers alike must remain aware and adaptive as they seek to move forward with their immigration aspirations.

Although most categories reflect no advancement this month, those slight changes for Indian applicants under EB-2 and EB-3 categories provide some hope, albeit modest. The new updates reiterate the importance of keeping abreast of each upcoming bulletin as one navigates the immigration terrain, gearing up for any eventual opportunities.

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