March 2024 Visa Bulletin: Analysis & Predictions Including EB2 Priority Date India

One of the most significant parts of getting a green card in the U.S. is waiting for your priority date to be current. For those who have invested the time, effort, and money into an immigrant visa, questions arise such as “How long will it take for my date to be current?” and “Can I speed this process up?” We provide regular monthly updates on the most recent visa bulletin, analyze the date movements, and predict upcoming months to help answer these questions. This month, we’ll go over the March 2024 visa bulletin.

If you want more information on the background of the visa bulletin and how to read the bulletin, make sure to scroll to the bottom of the post or click the interested link in the Table of Contents.

March 2024 Visa Bulletin: Overview and Predictions

For the multitude eagerly anticipating their turn in the employment-based and family-based
immigration queues, projections in the Visa Bulletin offer insights into potential timelines for
applying and securing green cards.

Understanding the Green Card system is important, and predictions aim to help people plan their
immigration journey. The March Visa Bulletin gives updates on when priority dates will progress
for family and employment green cards, crucial for those dealing with the system complexities.

Despite some progress in Green Card categories, many applicants still face a challenging waiting
game. The March 2024 Visa Bulletin shows minimal changes in priority dates, indicating
ongoing delays in most family and many employment categories.

While there are some improvements in priority date progressions, it’s not fast enough to prevent
significant backlogs in most Green Card categories. Successfully navigating the green card
process requires commitment, hope, and careful attention to detail.

The government expects to allocate 165,000 green cards to employment categories in Fiscal Year
2024. This is less than the 197,000 allocated in FY 2023 but more than the required 140,000,
thanks to the extra 25,000 unused family-based green cards from Fiscal Year 2023.
Fixing the long delays in the Green Card system needs comprehensive reforms. However, getting
Congress to agree on immigration changes is challenging for lawmakers and not much is
expected to change in the next few years.

Final Action Dates (Chart A):

China
• EB-1: Progresses by 15 days, establishing a cut-off date of July 15, 2022.
• EB-2: Stays consistent with a cut-off date of January 1, 2020.
• EB-3: Maintains the same cut-off date of September 1, 2020.

India
• EB-1: Advances by 1 month, setting a cut-off date of October 1, 2020.
• EB-2: Remains steady with a cut-off date of March 1, 2012.
• EB-3: Progresses by 1 month, establishing a cut-off date of July 1, 2012.

Worldwide
• EB-1: Current for all countries except China and India
• EB-2: Worldwide (All Other) moves forward by 7 days, setting a cut-off date of November 22, 2022.
• EB-3: Worldwide (All Other) advances by 7 days, establishing a cut-off date of September 8, 2022

Dates for Filing (Chart B):

China
• EB-1: Remains unchanged with a cut-off date of January 1, 2023.
• EB-2: Stays consistent with a cut-off date of June 1, 2020.
• EB-3: Maintains the same cut-off date of July 1, 2021.

India

• EB-1: Experiences a retrogression of 7 months, with a cut-off date of January 1, 2021.
• EB-2: Remains unchanged with a cut-off date of May 15, 2012.
• EB-3: Remains unchanged with a cut-off date of August 1, 2012.

Worldwide (except China and India)
• EB-1: Current for all countries except China and India
• EB-2: Worldwide (All Other) remains unchanged with a cut-off date of February 15, 2023.
• EB-3: Worldwide (All Other) maintains the same cut-off date of February 1, 2023

Important to Note: USCIS has announced:
For Family-Sponsored Filings:

For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for March 2024. For Employment-Based Preference Filings: For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State Visa Bulletin for March 2024.

Applicants who have experienced excess delays have few options for visa issuance if an I-140 priority date is no longer current or has been significantly affected by retrogression. One option is to explore “porting” or “downgrading” one’s visa category.  This avenue is most workable for individuals “downgrading” from EB-2 to EB-3.  Since the visa cut-off dates are not completely predictable, applicants should carefully consider this option before starting the process. Some applicants may choose to watchfully wait for the next visa bulletin to make a decision. 

Individuals who are “current” based on the August 2023 Final Action Chart under the employment-based categories may file for adjustment of status if all other qualifications are met. Those with overseas applications can look forward to an immigrant visa issuance or the advancement of the immigrant visa process. Individuals who are “current” based on the August 2023 Visa Bulletin should act quickly to complete immigrant visa and adjustment of status application requirements as any near future retrogressions will cause additional visa issuance and adjustment of status adjudication delays. 

The Final Action Dates chart determines when an I-485 or IV can be approved, while the Dates for Filing Chart determines when an applicant can file an I-485.

Suppose you have an Adjustment of Status (AOS) application currently pending. Your priority date must be current under the Final Action Chart to adjudicate your green card. If you are contemplating interfiling—a process that allows AOS applicants to change their preference category—don’t hesitate to contact VisaNation Law Group.

Family-Based Green Cards

The category for family-based immigration comprises four preference levels based on who your sponsoring family member is in relation to you. There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. Due to the global pandemic and limited appointments at overseas consular offices, family-based immigrant visas continue to see low usage numbers. Therefore, any unused family-based visas get added to the EB categories.

Family-Based Dates for Filing Charts

The Dates for Filing chart determines when an applicant can file an I-485. 

In the F-1 category, we see no change across the board from the February bulletin. China, India, and all other countries of chargeability remain at September 1, 2017. Mexico remains at April 1, 2005, and the Philippines remains on April 22, 2015.

In the F-2A category, all countries are at September 1, 2023.

In the F-2B category, China, India, and all other countries of chargeability remain at January 1, 2017. The Philippines stayed on October 1, 2013. Mexico remains at August 1, 2004.  

In the F-3 category, there is no change across the board. China, India, and all other countries of chargeability remain at March 1, 2010. Mexico remains at June 15, 2001 and the Philippines remains at November 8, 2003. 

In the F-4 category, China, and the rest of the world remain at March 1, 2008. India remains at February 22, 2006 while Mexico is at April 15, 2001 and Philippines remains at April 22, 2004. 

For the purposes of the March 2023 bulletin AOS, USCIS has indicated  to use the Dates for Filing Chart for all family-sponsored filings. If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

*The numbers in the brackets designate the amount of movement in the filing date for that particular category compared to the previous month. If there’s no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin.

Family-Based Final Action Dates Chart

The Final Action Dates Chart shows some changes since the last bulletin. In the F-1 category, India, China and the rest of the world advance 30 days to February 8, 2015  while Mexico is at May 1, 2001 and the Philippines at March 1, 2012. 

In the F2A category, all countries advance over 4 months to June 22, 2020 except for Mexico at June 15, 2020.

In the F-2B category, China, India and the rest of the world advance to November 22, 2015 while Mexico and Philippines do not change. 

In the F-3 category we see many countries move to October 1, 2009 while Mexico remains at September 8, 1998 and Philippines at June 8, 2002.

In the F-4 category we see China and the rest of the world at June 8, 2007 while India moves to December 15, 2005 and Mexico at October 15, 2000.

*The numbers in the brackets designate the amount of movement in the final action date for that particular category compared to the previous month. If there’s no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin.

Remember, marriage-based green card applicants, are known as immediate relatives and don’t have to wait to receive a green card.

Employment-Based Green Cards

With five different preference levels and seven chargeability areas, USCIS issues employment-based category visas through your job or occupation. The chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category.

Employment-Based Final Action Dates Chart

We see some changes in the Final Action Dates Chart in the employment-based category.

EB-1 China progresses by 15 days, establishing a cut-off date of July 15, 2022. EB-2 China stays consistent with a cut-off date of January 1, 2020 and EB-3 China maintains the same cut-off date of September 1, 2020.

EB-1 India advances by 1 month, setting a cut-off date of October 1, 2020. EB-2 India remains steady with a cut-off date of March 1, 2012. EB-3 India progresses by 1 month, establishing a cut-off date of July 1, 2012.

EB-1 is current for all countries except China and India. EB-2: Worldwide (All Other) moves forward by 7 days, setting a cut-off date of November 22, 2022. EB-3: Worldwide (All Other) advances by 7 days, establishing a cut-off date of September 8, 2022.

USCIS has specified to use the Final Action Chart for all employment-based AOS Filings. 

Employment-Based Dates for Filing Chart

Here are the March 2024 Visa Bulletin Final Action dates for employment-based immigrant visas.

EB-1 China remains unchanged with a cut-off date of January 1, 2023. EB-2 China stays consistent with a cut-off date of June 1, 2020. EB-3 China: Maintains the same cut-off date of July 1, 2021.

EB-1 India experiences a retrogression of 7 months, with a cut-off date of January 1, 2021. EB-2 India Remains unchanged with a cut-off date of May 15, 2012. EB-3 India remains unchanged with a cut-off date of August 1, 2012.

Worldwide (except China and India)
EB-1 is current for all countries except China and India. EB-2: Worldwide (All Other) remains unchanged with a cut-off date of February 15, 2023. EB-3: Worldwide (All Other) maintains the same cut-off date of February 1, 2023

*The numbers in the brackets designate the amount of movement in the final action date for that particular category compared to the previous month. If there’s no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin.

Important March 2024 Visa Bulletin Dates

For those new to the green card process, you should learn a few terms and remember to understand the rest of this March 2024 visa bulletin report. If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney.

Priority Dates

The first term that you’ll hear thrown around is the priority date. Each person who files a petition with the USCIS receives a priority date when the government obtains your petition. A priority date establishes a person’s place in line to get an immigrant visa. Keep this date handy since you will need it to compare to the dates in this bulletin. Remember that your priority date does not move, and you cannot change it except under certain circumstances.

Note: Priority dates are not relevant for immediate relatives of U.S. Citizens (e.g., spouses or minor children) as that category is always current.

Final Action Dates

Final action dates are based on the green card category and the chargeability area—your country of origin. Therefore, the final action dates constantly change based on how many people from each chargeability area have petitioned for that green card.

If green cards are still available, the final action date will likely move closer to your priority date. If green cards are unavailable, you will not see any movement from that final action date. However, if the limit has passed, you may see the date retrogress or move backward from your priority date.

Once the final action date in your green card preference level and chargeability area reaches your priority date, your priority date will be considered current. Once current, you will adjust your status or go through consular processing.

Date for Filing Charts and I-485

You’ll notice there are two charts for each category.

The Date for Filing chart determines whether or not one can submit the final immigrant visa application.

The Final Action Date chart indicates whether an immigrant visa number will be available.

If you need to file an adjustment of status, Form I-485, you need to follow the Final Action Date chart to know when to file based on your priority date. However, sometimes USCIS will note that they’ll accept I-485s based on the Date for Filing chart. USCIS will use this chart when more immigrant visas are available than applicants.

USCIS announces which chart applicants can use within a week of the visa bulletin’s release.

Can You Shorten Your Waiting Time?

The short answer is: probably not. However, there are two prominent cases in which you may be able to shorten your green card processing time, which we will explain here.

The first way is to file an I-140 for a green card and chargeability area with a current priority date. In this case, rather than wait the usual six months for your petition to be processed, you can pay an additional fee for premium processing, which will shorten the processing time to 15 calendar days. However, this is only available for certain green cards that use the I-140. It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW.

The second situation involves green card “porting,” or transferring your application from a lower preference level to a higher one to take advantage of the shorter waiting times. This is misleading because you don’t port your green card. In reality, you need to start with a new petition (and a new PERM if necessary). The “porting” aspect only comes in when you indicate that you want to retain your original priority date.

As attractive as “porting” might seem, it is a delicate process with particular requirements. Therefore, running decisions like these through your immigration attorney is always good.

Staying Up-to-Date

In the world of immigration law, it always pays to be informed. The more you know about your green card, the easier it will be to make informed decisions about your case. To stay in the know about things like the newest visa bulletin, you can subscribe to the Department of State’s newsletter by emailing [email protected] with the message “Subscribe Visa Bulletin.”