May 2024 Visa Bulletin Analysis: A Beacon of Hope for Family-Based Categories, Stagnation for Employment

Waiting for your immigration journey to advance can feel like an eternity. Each month, the release of the Visa Bulletin from the U.S. Department of State brings a mix of anticipation, hope, and sometimes, disappointment. At ImmiBook, we understand these emotions deeply, and we're here to break down what the latest May 2024 Visa Bulletin means for you and your family.

This month's bulletin delivers some welcome news, particularly for applicants in several family-sponsored preference categories, with significant forward movement. However, for those in employment-based categories, the wait continues as most dates remain unchanged. Let's dive into the details, analyze the practical implications, and provide actionable advice to help you navigate your path forward.

Understanding the Visa Bulletin: Your Roadmap to a Green Card

Before we dissect the May 2024 movements, it's crucial to understand what the Visa Bulletin is and how it works. Essentially, it's a monthly publication that dictates when immigrant visa applicants can move forward with their applications for permanent residency (Green Card). This is necessary because U.S. immigration law sets annual limits on the number of immigrant visas issued, both globally and for specific countries and visa categories.

The bulletin features two crucial charts for most categories:

• Final Action Dates (Chart A): This chart indicates when immigrant visas may finally be issued. Your priority date must be earlier than the date listed in Chart A for your category and country of chargeability for your Green Card to be approved or for you to receive an interview notice.
• Dates for Filing Applications (Chart B): This chart indicates when applicants can *file* their adjustment of status applications (Form I-485) with USCIS, or begin processing their immigrant visa applications with the Department of State, even if a visa is not immediately available. USCIS determines monthly whether applicants can use Chart B for filing. For May 2024, USCIS has indicated that applicants must use the Final Action Dates (Chart A) for family-sponsored preference categories and employment-based preference categories. This means Chart B is effectively "frozen" for May, which is common.

Your "priority date" is essentially your place in line. For family-sponsored petitions, it's usually the date USCIS receives your Form I-130 petition. For employment-based petitions, it's generally the date your PERM Labor Certification application was filed, or the date USCIS receives your Form I-140 petition if a PERM is not required.

May 2024 Visa Bulletin: An Overview

The May 2024 Visa Bulletin brings a mixed bag of news. The standout feature is the significant forward movement across various family-sponsored categories, particularly F2A, F1, F2B, and F3. This is a welcome change after periods of slow movement and even retrogression in some areas.

However, for employment-based categories, the picture remains largely unchanged. Most dates have held steady, meaning the long wait continues for many skilled workers and professionals hoping to secure permanent residency in the U.S.

Here's a quick summary of the key takeaways for May 2024:

• Family-Sponsored Categories: 30 categories saw advancements, with no retrogressions. The average movement was a healthy 122 days.
• Employment-Based Categories: 0 categories advanced, 0 retrogressed, and all remained unchanged.
• No Retrogressions: This is excellent news! No category saw a backward movement of priority dates.
• No "Became Current" or "Became Unavailable": All categories maintained their status from the previous month, simply moving forward or staying put.

This month's bulletin underscores the ongoing imbalance between visa demand and the annual supply, particularly evident in the stagnation of employment-based categories, which often face high demand from countries like India and China.

Deep Dive: Family-Sponsored Preference Categories (Chart A - Final Action Dates)

This is where the most significant positive changes occurred for May 2024. Let's break down each category and what these movements mean for applicants.

F1: Unmarried Sons and Daughters of U.S. Citizens

This category saw encouraging forward movement across the board.

• All Other Areas / China / India: Advanced by 150 days (5 months) to July 8, 2015.
• Mexico: Advanced by a substantial 167 days (over 5.5 months) to October 15, 2001.
• Philippines: Remained unchanged at April 22, 2012.

Practical Impact: If you are an unmarried son or daughter of a U.S. citizen from "All Other Areas," China, or India, and your priority date is on or before July 8, 2015, your date is now current! You can expect to receive notification for your Green Card interview or approval if your I-485 is pending. For Mexican F1 applicants, if your priority date is October 15, 2001, or earlier, your wait might finally be over.

Example: An F1 applicant from India with a priority date of June 1, 2015, who was previously waiting, is now current as of May 2024. This applicant can now prepare for their interview or expect their I-485 to be processed.

F2A: Spouses and Children (Unmarried and Under 21) of Lawful Permanent Residents (LPRs)

F2A continues its strong forward momentum, offering significant relief to many families.

• All Areas (including China, India, Mexico, Philippines): Advanced by a massive 266 days (nearly 9 months) to June 1, 2021.

Practical Impact: This is fantastic news for spouses and minor children of Green Card holders! If your priority date is on or before June 1, 2021, you are now current across all countries. This means a substantial number of F2A applicants can now move forward with their Green Card process, whether through adjustment of status or consular processing.

Example: A spouse of an LPR from the Philippines with a priority date of December 1, 2020, who became current in April, will remain current and can expect their case to move forward swiftly. Even an applicant with a priority date of May 30, 2021, is now current!

F2B: Unmarried Sons and Daughters (21 Years of Age or Older) of Lawful Permanent Residents (LPRs)

This category also saw positive movement for many.

• All Other Areas / China / India: Advanced by 131 days (over 4 months) to April 1, 2016.
• Mexico: Remained unchanged at August 1, 2003.
• Philippines: Remained unchanged at October 22, 2013.

Practical Impact: For F2B applicants from "All Other Areas," China, or India, with a priority date on or before April 1, 2016, your date is now current. This is excellent progress and should allow many to finalize their Green Card applications.

Example: An F2B applicant from China with a priority date of February 15, 2016, is now current and can proceed with their application.

F3: Married Sons and Daughters of U.S. Citizens

Mexico saw the biggest jump in the entire bulletin for F3.

• All Other Areas / China / India: Remained unchanged at January 8, 2009.
• Mexico: Advanced by a remarkable 317 days (over 10.5 months) to July 22, 1999. This is the largest single movement in the May 2024 bulletin!
• Philippines: Remained unchanged at November 8, 2003.

Practical Impact: While most F3 categories saw no movement, the massive jump for Mexico is a huge win for applicants in that country. If you are a married son or daughter of a U.S. citizen from Mexico with a priority date on or before July 22, 1999, your wait may finally be over!

Example: An F3 applicant from Mexico with a priority date of March 1, 1999, who has been waiting for decades, is now current. This is life-changing news for them.

F4: Brothers and Sisters of U.S. Citizens

This category, unfortunately, saw no movement across the board for May 2024.

• All Other Areas: Remained unchanged at June 15, 2007.
• China: Remained unchanged at June 15, 2007.
• India: Remained unchanged at December 15, 2005.
• Mexico: Remained unchanged at August 15, 2000.
• Philippines: Remained unchanged at April 22, 2005.

Practical Impact: The long wait continues for F4 applicants. While there's no progress this month, it's important to stay vigilant. Historical data shows that F4 movements, when they occur, tend to be gradual. Keep your documents ready and continue to monitor the bulletin monthly.

Summary of Family-Sponsored Final Action Date Movements (Chart A)

To visualize the changes, here's a table summarizing the movements for May 2024's Final Action Dates (Chart A) for family-sponsored categories:

Deep Dive: Employment-Based Preference Categories (Chart A - Final Action Dates)

Unfortunately, for those tracking employment-based Green Card categories, the May 2024 Visa Bulletin brings no new developments. All employment-based categories (EB-1, EB-2, EB-3, EB-4, EB-5) remained unchanged from the previous month across all countries.

EB-1: Priority Workers

• All Other Areas / Mexico: Current
• China: January 1, 2023
• India: October 1, 2021

Practical Impact: No change. EB-1 remains current for most countries, reflecting its status as a highly skilled and high-priority category. However, China and India continue to face backlogs, with priority dates holding steady. If your priority date is current for your country, you can proceed with your application.

EB-2: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability

• All Other Areas / Mexico: June 15, 2022
• China: February 1, 2020
• India: April 15, 2012
• Philippines: June 15, 2022

Practical Impact: No change. The dates for EB-2 remain highly backlogged for India, and significantly backlogged for China. For "All Other Areas," movement has been slow, and the date holds firm. This means continued waiting for many professionals.

EB-3: Skilled Workers, Professionals, and Other Workers

• All Other Areas / Mexico: November 1, 2022
• China: September 1, 2020
• India: August 15, 2012
• Philippines: November 1, 2022

Practical Impact: No change. Similar to EB-2, EB-3 faces severe backlogs for India and China, and steady dates for other countries. The wait continues for many skilled workers and professionals.

EB-4: Certain Special Immigrants

• All Areas (including China, India, Mexico, Philippines): September 1, 2020

Practical Impact: No change. This category also remains backlogged for all countries, indicating a consistent demand that outstrips the available annual visas.

EB-5: Immigrant Investors

• All Other Areas / Mexico / Philippines: Current
• China (Regional Center & Non-Regional Center): January 1, 2017
• India: December 1, 2020

Practical Impact: No change. EB-5 remains current for most countries, but China and India continue to face significant backlogs, reflecting the high volume of investment from these nations.

Summary of Employment-Based Final Action Date Movements (Chart A)

Here's a table showing the unchanged Final Action Dates (Chart A) for employment-based categories:

Historical Context and Trends

Looking back at recent months, the family-sponsored categories have shown more volatility and more significant movements than the employment-based categories. F2A, in particular, has seen several substantial jumps in recent bulletins, reflecting an effort by the State Department to utilize available visa numbers within the annual limits. The May 2024 advancements for F1, F2A, F2B, and F3 (especially for Mexico) continue this positive trend for family reunification.

Conversely, employment-based categories, especially for high-demand countries like India and China, have been largely stagnant for many months. This lack of movement is a persistent challenge. The annual visa allocation for employment-based categories is often exhausted quickly due to overwhelming demand, leading to long backlogs. The U.S. government's fiscal year ends on September 30th, and sometimes we see more aggressive movements towards the end of the fiscal year as agencies try to use up all available visas before they expire. However, this hasn't translated into significant progress for EB categories recently, indicating that demand far outstrips supply.

The absence of retrogressions in May 2024 is a positive sign, indicating a period of relative stability, at least for now. Retrogression can be incredibly frustrating for applicants, pushing back years of waiting, so holding steady is always preferred over moving backward.

It's important to remember that these movements are dynamic. Factors such as visa demand, visa usage rates, and administrative processing capacity all influence how dates move each month. The State Department is constantly evaluating these factors to project future movements.

Actionable Advice for Applicants

Regardless of whether your category moved or not, there are crucial steps you should take based on the May 2024 Visa Bulletin:

1. Check Your Priority Date Immediately

The first and most important step is to compare your priority date with the Final Action Dates (Chart A) for your specific category and country of chargeability. If your priority date is on or before the listed date, your Green Card application can move forward!

2. If Your Priority Date Is Current (or will be soon):

• Gather Documents: If you haven't already, start collecting all necessary documents for your Green Card application (Form I-485 for adjustment of status in the U.S., or DS-260 for consular processing abroad). This includes birth certificates, marriage certificates, police clearances, medical exam results, and financial documents.
• Consult an Attorney: Even if you've been managing your case, reaching current status is a critical juncture. An experienced immigration attorney can guide you through the final steps, ensure all paperwork is correct, and help prepare you for your interview.
• File Your Application (if applicable): If you are in the U.S. and eligible to adjust status, and your priority date is current, you can file your Form I-485, Application to Register Permanent Residence or Adjust Status.
• Prepare for Interview: If you are undergoing consular processing abroad, the National Visa Center (NVC) will contact you to schedule your interview at a U.S. Embassy or Consulate. Prepare thoroughly for this interview.

3. If Your Priority Date Is Not Yet Current:

• Stay Informed: Continue to monitor the Visa Bulletin every month. Dates can change, sometimes significantly, as seen with F2A and F3 Mexico this month.
• Maintain Your Status: If you are in the U.S. on a non-immigrant visa (e.g., H-1B, F-1, L-1), ensure you maintain your legal status. Falling out of status can jeopardize your ability to adjust status when your priority date becomes current.
• Prepare in Advance: Even if your date is years away, you can start preparing. Familiarize yourself with the required documents, consider potential challenges (like expired passports), and plan for the future.
• Consult an Attorney: An attorney can help you understand your options, explore alternative visa pathways (if any), and ensure your existing petition is properly maintained.
• Consider "Aging Out" (for children): If your child is nearing 21 years of age, consult with an attorney about the Child Status Protection Act (CSPA) to understand if they are protected from "aging out" of a category.

4. For All Applicants:

• Use ImmiBook's Visa Bulletin Tracker: Stay on top of the latest updates effortlessly. Our ImmiBook Visa Bulletin Tracker provides personalized insights and alerts, so you never miss a crucial movement.
• Review USCIS Updates: Always check the USCIS website to confirm which chart (Final Action Dates or Dates for Filing) should be used for adjustment of status applications each month. For May 2024, it's Chart A for both family- and employment-based categories.
• Keep Your Contact Information Updated: Ensure USCIS and the National Visa Center (NVC) have your current mailing address and email.

Frequently Asked Questions (FAQ)

Q1: What is a priority date, and how do I find mine?

Your priority date is the date your immigrant petition (Form I-130 for family-based, Form I-140 for employment-based) was properly filed with USCIS. For employment-based petitions requiring a PERM Labor Certification, the priority date is the date the PERM application was filed. You can find your priority date on the I-797C Notice of Action receipt notice from USCIS.

Q2: What does it mean if my category is "Current"?

If your category is "Current," it means that immigrant visas are immediately available for individuals in that category and country of chargeability. If you are in the U.S., you can file your I-485 application (if using Chart B) or expect your I-485 to be processed/interview scheduled (if using Chart A). If you are abroad, the NVC will schedule your immigrant visa interview.

Q3: What is "retrogression"?

Retrogression occurs when the priority dates move backward (become earlier) instead of forward. This usually happens when the demand for visas in a particular category or country exceeds the available annual supply, forcing the Department of State to adjust dates to stay within legal limits. Thankfully, there were no retrogressions in May 2024.

Q4: What's the difference between "Final Action Dates" (Chart A) and "Dates for Filing Applications" (Chart B)?

Final Action Dates (Chart A) determine when a Green Card can actually be approved or an immigrant visa issued. Your priority date must be current according to Chart A for the final stage of your application. Dates for Filing Applications (Chart B) allow certain applicants (if USCIS permits) to file their I-485 applications or begin consular processing earlier, even if a visa isn't immediately available. This helps streamline the process. For May 2024, USCIS requires using Chart A for both family- and employment-based categories.

Q5: Why do some countries have different priority dates or move faster/slower than others?

U.S. immigration law imposes per-country limits on immigrant visas. No single country can receive more than 7% of the total available visas in a given year. Countries with high demand for visas (like China, India, Mexico, and the Philippines) often hit these caps quickly, leading to longer backlogs and slower movement compared to countries with lower demand (often grouped under "All Other Areas").

Q6: Can I apply for my Green Card before my priority date is current?

Generally, no. You can only file your Form I-485 (if adjusting status in the U.S.) or have your immigrant visa interview scheduled (if consular processing) if your priority date is current according to the chart USCIS designates for that month (which is Chart A for May 2024).

Summary and Outlook

The May 2024 Visa Bulletin offers a welcome surge of hope for many family-sponsored applicants. The significant forward movements in F1, F2A, F2B, and F3 categories mean that thousands of families are closer to reunification. This consistent positive trend in family-based categories is a heartening development after a period of slower progress.

However, the continued stagnation in employment-based categories, especially for India and China, remains a source of frustration for many. The lack of movement across all EB categories indicates that the available visa numbers are being used up, and demand continues to heavily outweigh supply. We are now past the halfway mark of the fiscal year, and while there's always a possibility of some movement towards the end of the fiscal year (September), the current trend suggests that any advancements in EB categories will likely be incremental.

Predictions for Future Movement:

• Family-Sponsored: We may see continued, albeit possibly slower, forward movement in F2A, F1, and F2B as the State Department works through the queue. F3 and F4, being the most backlogged, might see more sporadic movements, with country-specific advancements like Mexico's F3 jump being notable exceptions.
• Employment-Based: The outlook for significant forward movement in EB categories, particularly for India and China