At a glance
- In January, the EB-1 Final Action Dates will remain the same, and the EB-2 and EB-3 Professional and Skilled Worker Final Action dates will advance from 2 weeks to 2 months, depending on the category and country.
- USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department's January Visa Bulletin, which remain unchanged from December.
A closer look
According to the State Department's January Visa Bulletin, Final Action cutoff dates for issuance of an immigrant visa or approval of an adjustment of status application will be as follows:
- EB-1: India will remain at February 1, 2022, and China will remain at November 8, 2022. All other countries will continue to be current.
- EB-2: India will advance by two months, to October 1, 2012, and China will advance by one month, to April 22, 2020. All other countries will advance by two weeks, to April 1, 2023.
- EB-3 Professionals and Skilled Workers: India will advance by three weeks, to December 1, 2012, and China will advance by two months, to June 1, 2020. All other countries will advance by two weeks, to December 1, 2022.
- EB-3 Other Workers: India will advance by three weeks, to December 1, 2012. China will remain at January 1, 2017. All other countries will advance by one week, to December 8, 2020.
- EB-5: For the EB-5 Unreserved categories, China will remain at July 15, 2016, and India will remain at January 1, 2022. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.
USCIS to Honor Dates for Filing in January
USCIS has announced on its own Visa Bulletin web page that the agency will accept adjustment of status applications based on the Dates for Filing chart in January. To be eligible to file an employment-based adjustment of status application next month, foreign nationals must have a priority date that is earlier than the Date for Filing for their preference category and country. The January Dates for Filing, which are listed below, are unchanged from December.
Expiration of EB-4 Non-Minister Religious Worker Program
The EB-4 Non-Minister Religious Worker program is set to expire on December 20, 2024. If there is no action in Congress to extend it beyond that date, the category will become "unavailable" after midnight on December 19, 2024, and no immigrant visas or adjustment of status applications can be approved under the category until a reauthorization is passed. If the program is extended, it will be subject to the same Final Action dates as listed for the general EB-4 category.
Future Visa Availability in EB-5 Set-Aside Categories
According to the State Department's January 2025 Visa Bulletin, an increasing number of EB-5 applicants are processing their applications under the EB-5 Rural, High-Unemployment, and Infrastructure "set aside" categories. As such, the State Department notes that it may become necessary to establish Dates for Filing and Final Action Dates in these categories during FY 2025 to avoid exceeding the categories' annual limits.
Final Action Dates for January 2025
EB-1
China: November 8, 2022
India: February 1, 2022
All other countries: Current
EB-2
China: April 22, 2020
India: October 1, 2012
All other countries: April 1, 2023
EB-3 Professionals and Skilled Workers
China: June 1, 2020
India: December 1, 2012
All other countries: December 1, 2022
EB-3 Other Workers
China: January 1, 2017
India: December 1, 2012
All other countries: December 8, 2020
EB-4*
All countries: January 1, 2021
*The EB-4 Non-Minister Religious Worker category will become
unavailable on December 20, 2024, unless the program is
reauthorized by legislation.
EB-5 Unreserved (Regional Center and Non-Regional
Center)
China: July 15, 2016
India: January 1, 2022
All other countries: Current
EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries
Dates for Filing for January 2025
EB-1
China: January 1, 2023
India: April 15, 2022
All other countries: Current
EB-2
China: October 1, 2020
India: January 1, 2013
All other countries: August 1, 2023
EB-3 Professionals and Skilled Workers
China: November 15, 2020
India: June 8, 2013
All other countries: March 1, 2023
EB-3 Other Workers
China: January 1, 2018
India: June 8, 2013
All other countries: May 22, 2021
EB-4
All countries: February 1, 2021
EB-5 Unreserved (Regional Center and Non-Regional
Center)
China: October 1, 2016
India: April 1, 2022
All other countries: Current
EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
