September 2024 Visa Bulletin: A Hard Stop for Many EB-3 Applicants as Retrogressions Dominate

For countless immigrants around the world, the monthly release of the U.S. Department of State's Visa Bulletin is a moment of anticipation, hope, and often, anxiety. As we approach the end of the fiscal year, the September 2024 Visa Bulletin has arrived, and for many, it delivers unwelcome news, particularly within the Employment-Based Third Preference (EB-3) category.

This month's bulletin is marked by significant retrogressions, meaning priority dates have moved backward, effectively putting many applicants' green card dreams on hold. With zero advancements across all categories and five distinct retrogressions impacting EB-3, this bulletin serves as a stark reminder of the complexities and challenges of the U.S. immigration system.

At ImmiBook, we understand the emotional toll these shifts can take. Our goal with this comprehensive analysis is to break down the latest bulletin in clear, accessible language, explain what these movements mean for you, and provide actionable advice to help you navigate your immigration journey. We'll explore the data, offer historical context, and give you practical steps to take.

Remember, while the news can be disheartening, staying informed and prepared is your best defense. You can always track your USCIS case and stay updated on visa bulletin changes with our dedicated ImmiBook Visa Bulletin Tracker.

Understanding the Visa Bulletin: Your Roadmap to a Green Card

Before diving into the specifics of September 2024, let's quickly review the fundamentals of the Visa Bulletin. Issued monthly by the U.S. Department of State, this bulletin determines when immigrant visa applicants can apply for a green card or receive an immigrant visa based on their "priority date."

What is a Priority Date?

Your priority date is essentially your place in the green card queue. For family-sponsored petitions, it's the date USCIS receives your Form I-130. For employment-based petitions requiring a PERM labor certification, it's the date the Department of Labor receives your PERM application. For employment-based petitions not requiring PERM, it's the date USCIS receives your Form I-140.

Final Action Dates vs. Dates for Filing

The Visa Bulletin presents two key charts for both family-sponsored and employment-based categories:

• Final Action Dates (Chart A): This is the most critical chart. Your priority date must be earlier than the date listed on Chart A for your category and country of chargeability for you to be eligible for a green card interview (if abroad) or for USCIS to make a final decision on your Form I-485 application (if adjusting status in the U.S.).
• Dates for Filing (Chart B): This chart indicates when applicants can *file* their adjustment of status application (Form I-485) with USCIS. USCIS decides each month whether to accept Chart A or Chart B for filing I-485s. Always check the USCIS website for their specific directive for the month. For September 2024, USCIS has indicated that applicants must use the Final Action Dates (Chart A) for filing employment-based adjustment of status applications. For family-sponsored categories, USCIS will also use the Final Action Dates (Chart A).

If your priority date is "Current" (C), it means there are sufficient visas available, and you can proceed with your application regardless of the date. If a category is "Unavailable" (U), no visas are available, and no applications can proceed.

The Fiscal Year End Impact

September is the final month of the U.S. government's fiscal year (which runs from October 1st to September 30th). Towards the end of the fiscal year, the State Department often exercises caution to ensure that the annual statutory limits on green cards are not exceeded. This can sometimes lead to slower movements or even retrogressions as they manage the remaining available visa numbers. This context is crucial for understanding the current bulletin's movements.

September 2024 Visa Bulletin: A Closer Look at the Data

The overall picture for September 2024 is one of stagnation and setback. The data reveals:

• 0 categories advanced
• 5 categories retrogressed
• 145 categories remained unchanged

All retrogressions occurred within the employment-based categories, specifically EB-3. No family-sponsored categories experienced any movement, positive or negative.

Here's a summary of the retrogressions in Final Action Dates:

Deep Dive into Employment-Based Categories

The employment-based categories are allocated approximately 140,000 immigrant visas each fiscal year, divided among five preference categories (EB-1 through EB-5) and subject to per-country limits.

EB-1: Priority Workers (Outstanding Professors and Researchers, Persons of Extraordinary Ability, Multinational Managers or Executives)

• Status: For September 2024, the Final Action Dates for EB-1 remain "Current" (C) for all countries, including India and China.
• What this means: This is consistently the most favorable category, typically remaining "Current" or experiencing very minimal backlogs. If you qualify for EB-1, you can file your I-485 application or have your immigrant visa processed without delay, regardless of your country of origin.
• Actionable Advice: If you meet the stringent criteria for EB-1, this remains the fastest path to a green card. Consult with an attorney to assess your eligibility and pursue this option aggressively.

EB-2: Professionals Holding Advanced Degrees or Persons of Exceptional Ability

• Status: All EB-2 categories, for all countries, remain unchanged in September 2024.
• Specific Dates (Final Action):
  • China: March 1, 2020
  • India: June 15, 2012
  • Mexico: Current (C)
  • Philippines: Current (C)
  • All Other Countries: Current (C)
• What this means: For India and China, the long wait continues. For Mexico, Philippines, and all other countries, EB-2 remains "Current," offering a relatively swift path to a green card for eligible applicants.
• Actionable Advice: If you are from a country where EB-2 is "Current," and you meet the qualifications (advanced degree or exceptional ability), this is a strong pathway. For Indian and Chinese nationals, the wait is substantial. Continue monitoring, maintaining your non-immigrant status, and preparing all necessary documentation for when your date eventually becomes current.

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

This is the category most significantly impacted by the September 2024 bulletin.

• EB-3 (Skilled Workers/Professionals):
  • Status: For "All Other Countries," Mexico, and the Philippines, the Final Action Date has retrogressed by a full year, from December 1, 2021, to December 1, 2020.
  • China: Remains January 1, 2020.
  • India: Remains August 15, 2012.
• EB-3 Other Workers:
  • Status: For "All Other Countries" and Mexico, the Final Action Date has retrogressed by one month, from January 1, 2021, to December 1, 2020.
  • China: Remains January 1, 2017.
  • India: Remains August 15, 2012.
  • Philippines: Remains May 1, 2020.

Practical Impact of EB-3 Retrogressions:

A retrogression of this magnitude (a full year for many) is a significant setback. Here's what it means:

• For Applicants with Priority Dates Between Dec 1, 2020, and Dec 1, 2021 (All Other, Mexico, Philippines - EB-3 Skilled/Professionals): If your priority date falls within this range, and you were previously eligible to file your I-485 or receive your immigrant visa, you are now no longer eligible. Your case will be put on hold until the dates advance past your priority date again. This is incredibly frustrating, especially for those who might have been very close to approval.
• For Applicants with Priority Dates Between Dec 1, 2020, and Jan 1, 2021 (All Other, Mexico - EB-3 Other Workers): Similarly, if your priority date was in this window, your eligibility for filing or final action is now paused.
• For Pending I-485s: If you filed your I-485 when your date was current, but your date has now retrogressed, USCIS will not be able to approve your application until your priority date becomes current again. Your application will remain pending.
• For Visa Interview Scheduling: If you were awaiting an interview at a U.S. consulate abroad, your interview might be canceled or delayed until your date is current again.

Actionable Advice for EB-3 Affected Applicants:

1. Do Not Despair, But Be Realistic: This is undoubtedly difficult news, but it's crucial to understand the situation clearly.
2. Maintain Your Non-Immigrant Status: If you are in the U.S. on a non-immigrant visa (e.g., H-1B, L-1), it is paramount to maintain your underlying status. Do not let it lapse, as your I-485 cannot be approved while your priority date is retrogressed.
3. Explore "Porting" to EB-2: This is a critical strategy for many EB-3 applicants, especially those from "All Other Countries," Mexico, and the Philippines, where EB-2 is "Current" or significantly more advanced. If you have an advanced degree (Master's or higher) or exceptional ability and meet the EB-2 requirements, you may be able to "port" your EB-3 priority date to an EB-2 petition. This allows you to retain your earlier priority date while moving to a less backlogged category. Consult an experienced immigration attorney immediately to assess if this is a viable option for you.
4. Stay Informed: Regularly check the ImmiBook Visa Bulletin Tracker and the official State Department website.
5. Prepare for the New Fiscal Year: While September is tough, the new fiscal year begins on October 1st. Often, the initial October bulletin sees some forward movement as a fresh allocation of visa numbers becomes available. However, don't expect immediate, dramatic leaps for heavily backlogged categories.

EB-4: Special Immigrants (Religious Workers, Certain Broadcasters, etc.)

• Status: All EB-4 categories remain unchanged in September 2024.
• Specific Dates (Final Action):
  • El Salvador, Guatemala, Honduras: May 15, 2017
  • Mexico: September 15, 2020
  • All Other Countries: Current (C)
• Actionable Advice: If your priority date is current, proceed with your application. For those facing backlogs, continue to monitor the bulletin.

EB-5: Immigrant Investors

• Status: All EB-5 categories remain unchanged in September 2024.
• Specific Dates (Final Action):
  • China (Unreserved): December 15, 2015
  • India (Unreserved): December 1, 2020
  • All Other Countries (Unreserved): Current (C)
  • Set-Aside Categories (Rural, High Unemployment, Infrastructure): All "Current" (C) for all countries.
• Actionable Advice: The set-aside categories continue to offer an immediate path for investors. For those in unreserved categories from China and India, the wait continues.

Deep Dive into Family-Sponsored Categories

The family-sponsored categories are allocated approximately 226,000 immigrant visas each fiscal year, also subject to per-country limits and a multi-tiered preference system.

For September 2024, there are no advancements and no retrogressions in any family-sponsored categories. All dates remain unchanged from the previous month.

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

• Status: Unchanged.
• Specific Dates (Final Action):
  • China: September 1, 2015
  • India: September 1, 2015
  • Mexico: April 22, 2002
  • Philippines: April 22, 2012
  • All Other Countries: September 1, 2015
• What this means: The wait continues for all countries, with Mexico having the longest backlog.

F2A: Spouses and Children of Permanent Residents

• Status: Unchanged.
• Specific Dates (Final Action):
  • Mexico: June 1, 2020
  • All Other Countries: June 1, 2021
• What this means: This category generally moves faster than others, but has seen little movement recently.

F2B: Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

• Status: Unchanged.
• Specific Dates (Final Action):
  • China: January 1, 2017
  • India: January 1, 2017
  • Mexico: July 1, 2003
  • Philippines: October 22, 2011
  • All Other Countries: January 1, 2017
• What this means: Significant backlogs persist across the board.

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

• Status: Unchanged.
• Specific Dates (Final Action):
  • China: March 1, 2009
  • India: March 1, 2009
  • Mexico: September 8, 1998
  • Philippines: June 8, 2004
  • All Other Countries: March 1, 2009
• What this means: This category is characterized by very long waits, especially for Mexico.

F4: Brothers and Sisters of U.S. Citizens

• Status: Unchanged.
• Specific Dates (Final Action):
  • China: March 1, 2007
  • India: March 1, 2007
  • Mexico: January 1, 1999
  • Philippines: February 1, 2005
  • All Other Countries: March 1, 2007
• What this means: This category has the longest wait times among all family-sponsored preferences.

Actionable Advice for Family-Sponsored Applicants:

1. Patience is Key: Family-sponsored categories inherently involve long waits, especially for oversubscribed countries.
2. Monitor Your Priority Date: Keep a close eye on the ImmiBook Visa Bulletin Tracker and the official bulletin.
3. Prepare Documents: Even with long waits, ensure all your supporting documents are ready and up-to-date for when your priority date eventually becomes current. This includes birth certificates, marriage certificates, police clearances, etc.
4. Consult an Attorney: If there are any changes in your family situation (marriage, divorce, child aging out), consult an immigration attorney to understand the impact on your petition.

Detailed Table of Final Action Dates (September 2024)

For your convenience, here's a comprehensive overview of the Final Action Dates for September 2024, highlighting the retrogressions: