The Department of State has published the Visa Bulletin for June 2024. A quick glance at the Employment-Based Immigration Chart A (Final Action Date) shows minimal movement for India in the EB-3 and EB-3 other workers category. But, at the very end of the visa bulletin, the Department of State ("DOS") has included warnings about upcoming retrogressions as fiscal year 2024 comes to an end. Specifically, visa availability for the employment-based second and third (EB-2 and EB-3) preference categories are expected to retrogress on July 1, 2024, for worldwide final action dates, including Mexico and the Philippines.
Retrogressions occur when DOS has determined that there are enough applications currently filed at the various offices to satisfy the allocation of visas in that fiscal year ending on September 30th of each year. The cut-off date for any immigrant visa category only moves forward again when DOS determines that there are additional immigrant visas that can be allocated to that category.
While DOS has issued warnings of a retrogression in July, no information has been provided for how far the dates will retrogress and when the numbers will move forward again.
With this retrogression warning, it is important to take action. Any foreign national in the U.S. whose priority date is current should file their green card applications as soon as possible and before June 30, 2024. If your priority date will only become current under the June 2024 visa bulletin, you will have to wait until June 1 to file. If retrogression does occur on July 1, any eligible green card case not filed prior to June 30, 2024, cannot be filed until the priority date is current again – either on Chart A or Chart B, if USCIS is accepting filings based on Chart B.
We note that an applicant's priority date must be current on Chart A in order for USCIS to adjudicate the green card application, but filing an application has its own benefits, including eligibility to file for work authorization and travel permit and more importantly – protection for aging out children under the Child Status Protection Act. Reach out to your Klasko attorney to discuss.
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