The February 2024 Visa Bulletin1 released by the U.S. Department of State reflects little change relative to the January 2024 Visa Bulletin2. Next month’s Visa Bulletin does indicate slight forward movement in the Final Action Dates chart, specifically in the EB-2 and EB-3 categories. U.S. Citizenship and Immigration Services (USCIS) confirmed that individuals may file a Form I-485, Application to Register Permanent Residence or Adjust Status, in February 2024 based on the Dates of Filing.3
WHY THIS MATTERS
Congress limits the number of immigrant visas (“green cards”) which may be issued each year. Each country receives a maximum of 7 percent of the annual quota of available employment-based immigrant visas. Intending immigrants to the U.S. are generally charged to their country of birth, although some exceptions apply. The U.S. Department of State (DOS) releases a Visa Bulletin every month indicating the availability of statutorily-limited visas for prospective immigrants.
The cut-off dates reflected in the Visa Bulletin, coupled with USCIS’ confirmation of which chart will apply, dictate eligibility to file a Form I-485 application in each month. In addition, the Final Action Dates chart in the applicable Visa Bulletin determines whether a pending Form I-485 or immigrant visa application may be approved.
Employment-Based Preference Category Cut-Off Dates
Cut-Off Dates for Dates of Filing Chart for February 2024
EB-1: All countries of chargeability except the People’s Republic of China (“China”) and India will remain current. The cut-off date for China remains at January 1, 2023, and the cut-off date for India remains January 1, 2021.
EB-2: The cut-off dates for all countries except China and India remain at February 15, 2023. The cut-off for China will stay at June 1, 2020, and the cut-off for India remains at May 15, 2012.
EB-3 Professional and Skilled Workers: The cut-off dates for all countries of chargeability except China, India, and the Philippines remain February 1, 2023. China’s cut-off date will stay at July 1, 2021, India’s cut-off date will remain at August 1, 2012, and the cut-off date for the Philippines will remain at January 1, 2023.
EB-3 Other Workers: All countries of chargeability except China, India, and the Philippines will have a cut-off date of December 15, 2020. China’s cut-off date will remain June 1, 2017, and India’s cut-off date remains at August 1, 2012. The cut-off date for the Philippines will stay at May 15, 2020.
EB-4: The cut-off date for all countries will remain at September 1, 2019.
Certain Religious workers: The cut-off date for all countries remains September 1, 2019.
EB-5: Cut-off dates are current for all countries, except for the C5, T5, I5, and R5 programs for China and India. The cut-off date for China remains at January 1, 2017, and the cut-off date for India remains at April 1, 2022.
Cut-Off Dates for Dates of Final Action Chart for February 2024
The cut-off dates for the Dates of Final Action Chart for February 2024 for the noted countries of chargeability are as follows4:
EB-1: All countries of chargeability except China and India are now current. The cut-off date for China remains at July 1, 2022, and India’s cut-off date remains September 1, 2020.
EB-2: The cut-off dates for all countries except China and India move forward to November 15, 2022. The cut-off for China will remain stable at January 1, 2020, and the cut-off for India will remain March 1, 2012.
EB-3 Professional and Skilled Workers: The cut-off dates for all countries of chargeability except China and India move forward to September 1, 2022. China’s cut-off date will remain at September 1, 2020, and India’s cut-off date will progress to July 1, 2012.
EB-3 Other Workers: All countries of chargeability except China, India, and the Philippines will have a cut-off date of September 1, 2020. China’s cut-off date will remain January 1, 2017, India’s cut-off date will advance to July 1, 2012, and the cut-off date for the Philippines will remain at May 1, 2020.
EB-4: The cut-off dates for all countries will remain May 15, 2019.
Certain Religious workers: The cut-off dates for all countries will remain May 15, 2019.
EB-5: Final Action Dates are current for all countries, except for the C5, T5, I5, and R5 programs for China and India. The cut-off date for China will progress to December 15, 2015, and the cut-off date for India remains December 1, 2020.
FOOTNOTES
1 U.S. Department of State website.
2 For coverage of the January Visa Bulletin, see GMS Flash Alert 2023-242, January 14, 2023.
3 See the “Adjustment of Status Filing Charts from the Visa Bulletin” page on the USCIS website.
4 U.S. Department of State website.
* Please note the KPMG International member firm in the United States does not provide immigration or labor law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Canada.
CONTACTS
Connect with us
- Find office locations kpmg.findOfficeLocations
- kpmg.emailUs
- Social media @ KPMG kpmg.socialMedia
Stay up to date with what matters to you
Gain access to personalized content based on your interests by signing up today
GMS Flash Alert is a Global Mobility Services publication of the KPMG LLP Washington National Tax practice. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.
We respectfully acknowledge that KPMG offices across Turtle Island (North America) are located on the traditional, treaty, and unceded territories of First Nations, Inuit and Métis peoples.
© 2024 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved.
For more detail about the structure of the KPMG global organization please visit https://kpmg.com/governance.