Key Updates in the USCIS Visa Bulletin for October 2024: What You Need to Know

Key Updates in the USCIS Visa Bulletin for October 2024 What You Need to Know

Key Updates in the USCIS Visa Bulletin for October 2024: What You Need to Know

In a significant development for many prospective immigrants, the U.S. Citizenship and Immigration Services (USCIS) has released its Visa Bulletin for October 2024, highlighting some crucial changes and updates. This latest bulletin, effective from October 1, 2024, brings both challenging news and promising prospects for various visa categories.

One of the most impactful updates is the immediate unavailability of the EB-2 immigrant visa category for the remainder of fiscal year 2024, which ends on September 30, 2024. This is a result of the EB-2 category reaching its annual limit. This means that, until the new fiscal year begins, U.S. embassies and consulates will be unable to issue immigrant visas under this category, and USCIS will not be able to approve adjustment of status applications for EB-2 cases. However, it's important to note that USCIS will still accept EB-2 adjustment of status filings that are current according to the September Visa Bulletin. These cases will be held in abeyance until a visa number becomes available once the new fiscal year starts.

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Looking ahead, the beginning of fiscal year 2025 on October 1, 2024, will bring a reset of the annual visa limits. This means that USCIS will be able to resume the approval of adjustment of status applications for the EB-2 category, and embassies and consulates can begin issuing EB-2 visas again. For now, the EB-3 and EB-5 immigrant visa categories had already become unavailable in mid-August and late August respectively. The EB-1 category also faced a similar situation earlier in August. The State Department has indicated that due to the high demand for visas, many employment-based immigrant visa categories could face exhaustion in the coming months. Nevertheless, there is anticipation that Final Action dates will advance with the new fiscal year, although this will depend on the actual demand for visas.

For employers and foreign nationals, this means that while USCIS will accept adjustment of status applications that are current in the Visa Bulletin, those in unavailable categories will see delays in adjudication until visa numbers are replenished. Foreign nationals with scheduled adjustment of status interviews should attend as planned but should be prepared for potential rescheduling due to the current unavailability of visa numbers. Even if interviews proceed, approvals cannot be granted until visa numbers become available.

In summary, while the immediate unavailability of the EB-2 category poses challenges, the start of fiscal year 2025 brings hope for a resolution and potential movement in visa categories. For those impacted, staying updated with the latest Visa Bulletin releases and working closely with immigration professionals will be crucial for navigating these changes effectively.

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