This update will address the Visa Bulletin for February 2024. The dates for filing applications and the final action deadlines for immigrant numbers available in February are detailed in this bulletin. It also specifies the date on which applicants for immigrant visas should be contacted to collect and submit the requisite documentation to the National Visa Center.
To determine the deadline for submitting petitions for an adjustment of status with USCIS, petitioners may consult the Final Action Dates charts presented below. If the USCIS website determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, it will suggest that applicants may substitute the Dates for Filing Visa Applications.
1. Procedures for Determining Dates
It is anticipated that consular officers will provide the Department of State with a documented report of qualifying applications for numerically limited visas. USCIS notifies applicants of status adjustments and the chronological order of asserted priority dates for requests received by January 10. The category or foreign state with an excessive demand was considered oversubscribed if it could not be fully supplied.
The Final Action Date for an oversubscribed category is the priority date of the first applicant who was unable to be contacted within the allotted time frame. If it becomes necessary to retrogress a final action date during the monthly allocation procedure, supplementary requests for numbers will only be fulfilled if the priority date falls within the new Final Action Date specified in this bulletin.
If a yearly limit is reached, the preference category will be immediately rendered unavailable, and no further requests for numbers will be fulfilled.
2. The Fiscal Year 2024 Limit for Family-Sponsored Preference Immigrants Determined
226,000, as stipulated in Section 201 of the Immigration and Nationality Act (INA). In the world, there are at least 140,000 immigrants who have employment-based preferences each year. The utmost amount of preference immigrants that may be immigrated per nation is the annual sum of the 25,620 family-sponsored and employment-based preference limits, as stipulated in Section 202. The limit for dependent areas is 7,320, which is equivalent to 2% of the total area.
3. INA Section 203
Eligible immigrants will receive employment-based preference visas and visas sponsored by their families in the order in which their petitions are lodged, as per Section 203 of the INA. According to Section 203, the spouses and children of preference immigrants are entitled to the same status and consideration order if they accompany or follow the principal.
The visa prorating rules of Section 202 apply to allocations for a foreign state or dependent region when the number of visas issued exceeds the maximum for each nation. At present, these provisions apply to the following congested chargeability regions: I was born in the Philippines, India, Mexico, and the interior of China.
4. Preference classes are outlined in Section 203 of the INA for the distribution of family-sponsored immigration visas.
Family-sponsored preferences
- (F1) Unmarried Sons and Daughters of US Citizens: 23,400 plus any quantity is not required for the fourth preference.
Permanent residents’ spouses, offspring, and unmarried sons and daughters: 14,200 plus the number by which the global family preference level surpasses 226,000 (F2A) Spouses and children of permanent residents: 77% of the aggregate second preference limitation, of which 75% are exempt from the per-country limit. - (F2B) Permanent residents’ unmarried sons and daughters (21 years of age or older) comprise 23% of the aggregate second preference limitation.
- (F3) Married Sons and Daughters of US Citizens: 23,400, in addition to any additional quantities that are not specified in the first and second preferences.
- (F4) The number of siblings of adult US citizens is 65,000.
September 2024 Updates
If the priority date is before 01FEB20, petitioners from any nation may be issued F2A numbers that are exempt from the per-country limit in February. An applicant may be issued an F2A number for payment to any country other than Mexico, subject to a limit per nation. The priority dates commence on 01FEB20.
Applicants for immigrant visas who submit the required documentation to the Department of State’s National Visa Center and receive a priority date before the application deadline are exempt from the per-country limit for all F2A numbers supplied for Mexico before 08FEB20. The application date for an oversubscribed category is the priority date of the first applicant who is unable to provide the requisite evidence for the national visa established for an immigrant visa.
If a category is declared “current,” all applicants in the relevant category are eligible to submit applications, irrespective of their priority date.
Check Also: Green Card Interviews Waived
Employment-Based Preference
Priority workers
- 28.6% of the global employment-based preference level, plus any numbers that are not necessary for the fourth and fifth preferences
- Professionals who possess advanced degrees or individuals of exceptional talent
- 28.6% of the global employment-based preference level
Skilled workers, professionals, and other workers
- 28.6% of the global level, plus any numbers that are not required by the first and second preferences
Certain special immigrants
- 7.1% of the global employment creation rate
- The worldwide level is 7.1%, with 32% of the total being Reserved as follows:
- A 20% reserve is reserved for qualified immigrants who invest in a rural area.
- 10% is reserved for qualified immigrants who invest in a high-unemployment area.
- 2% is designated for qualified immigrants who invest in infrastructure initiatives.
The remaining 68% are unreserved and are allocated to all other qualified immigrants.
DV Category for September
Section 203(c) of the INA authorizes the issuance of up to 55,000 immigrant visas per fiscal year to prevent individuals from countries with low admission rates during the previous five years from having the opportunity to immigrate more frequently. NACARA requires that up to 5,000 of the 55,000 diversity visas allocated annually be made available for use under the NACARA program, commencing with DV-99 and continuing for an indefinite period.
The DV-2024 yearly limit will be reduced to approximately 54,850 if NACARA applicants are granted access to visa numbers in FY 2023.
The NACARA provisions for the Diversity Visa program were altered by Section 5104 of the National Defense Authorization Act (NDAA) for the fiscal year 2024. The number of visas made available under the NDAA will be reduced by the 55,000 DVs allotted annually. These revisions will not affect the quantity of diversity visas that are accessible until FY 2025.
Benefits of DV Employment-Based Green Card 2024 – Visa Bulletin
- Diversity and Opportunity: The DV program is intended to diversify the U.S. immigrant population by selecting applicants from countries with low immigration rates to the U.S. This presents opportunities for individuals from underrepresented nations.
- A direct path to obtaining: a U.S. Green Card, which grants permanent residency, is available to those who win the DV lottery. This enables successful applicants to reside and operate in any location within the United States.
- Family Benefits: Domestic Violence Green Card holders are permitted to include their spouse and unmarried children under the age of 21 in their application. This enables the entire family to obtain Green Cards and reside in the United States.
- Employment Flexibility: Green Card holders are not subject to any employment restrictions. You are not required to obtain employer sponsorship to work for any employer, establish your own business, or change employment.
- Benefits Accessibility: Green Card holders are eligible for a variety of benefits, such as educational assistance, Medicare, and Social Security. Additionally, they may apply for U.S. citizenship after five years.
- Security and Stability: The DV Green Card offers long-term stability and security in the United States, protecting U.S. law and access to legal rights that are comparable to those of U.S. citizens..
- Travel Freedom: Green Card holders are permitted to travel freely within and outside of the United States, and they can visit family and friends in their native country without concern for visa requirements.
- No Job Offer Required: The DV program is more accessible to a broader spectrum of applicants than many other employment-based visas, as it does not necessitate a job offer or sponsorship.
DVs are divided into six geographic regions
No nation can acquire more than 7% of the diversity visas available in a single year. The special immigrant program for non-ministers will conclude on February 2, 2024, by HR 6363, signed on November 16, 2023.
No decisions regarding the adjustment of status cases will be made, and no SR visas will be granted abroad after midnight on February 1, 2024. Visas will be valid only until February 1, 2024, before that date. Individuals applying for admission under the non-minister special immigrant category must enter the nation by midnight on February 1, 2024.
The SR category, which is accessible, is subject to the same final action deadlines. The other employment fourth preference categories for February, as determined by the applicable foreign state of chargeability. Is it necessary to implement legislation to broaden the category? If it is postponed beyond February 2, 2023, the category will be immediately marked as “Unavailable.”
Unless legislative action is taken to extend the category beyond February 2, the specified dates will remain in effect for the remainder of February.
US Government Employment Special Immigration Visas
The National Defense Authorization Act (NDAA) for fiscal year 2024, which was ratified on December 22, 2023, may affect certain current and former US government personnel who are residing overseas and are applying for SIVs or status adjustments under Section 101 of the IIA. This does not affect certain Afghans and Iraqis who are applying for SQ SIVs. Applicants should contact the consoler department with which they submitted their form DS-1884 for further information regarding the impact of that statute on their case.
Frequently Asked Questions:
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What is the priority date for an employment-based green card?
If your immigrant visa petition requires a labor certification, the Department of Labor’s acceptance of your labor certification application for processing is the priority date.
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How do I check the priority date in the Visa Bulletin?
Determine your priority date.
You filed your approved Form I-130 on this date. The Form I-797, which USCIS issued to your petitioner upon approval of the Form I-130, bears this date (refer to the “Receipt Date”). -
Which employment-based green card is the fastest?
Of the employment-based visa options, the EB-5 program is typically the fastest way to get a U.S. Green Card because it does not require a job offer. However, other schemes, such as the EB-3, may be more suitable for some people, depending on their situation and goals.
