SEPTEMBER 2024 VISA BULLETIN: EB-3 RETROGRESSED

The Department of State has just issued the September 2024 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

The USCIS will use the Table A Final Action chart for I-485 employment-based filings in September 2024. See: USCIS Visa Bulletin Dates

MU Law Analysis

There was no movement forward for any employment-based category, and the EB-3 category for Philippines, Mexico, and Rest of World retrogressed an additional year, which the Department of State cautioned in the July 2024 and August 2024 Visa Bulletins.

The Visa Bulletin notes that the EB-3 category for Philippines, Mexico, and Rest of World are rapidly approaching the annual limit for FY-2024. If the annual limit of any category is reached, the Department of State will immediately make the preference category “unavailable”, and no further requests for numbers will be honored.

Finally, the Department of State indicated that it anticipates final action dates will advance in October 2024.

FAQ

In response to the many questions received about this Visa Bulletin, Musillo Unkenholt provides the following FAQ:

Q.  Why do visa categories often retrogress in September?

A. The Department of State has a limited number of immigrant visas it may issue each fiscal year, which runs from October 1 – September 30. The Department of State must avoid issuing excess immigrant visa numbers before the end of the fiscal year or else it violates federal law. 

The issuance totals in the categories retrogressed in September are rapidly approaching the annual limit for FY-2024, necessitating the Visa Bulletin’s retrogression in order to slow down issuance rates. 

Q. Does this mean that the Philippine EB3 and Rest of World dates will permanently be retrogressed?

A.  No. This is a temporary retrogression in effect for the month of September. The Department of State anticipates final action dates will advance in October 2024, when the new fiscal year begins.

Q.  If I have an interview, but my priority date will retrogress in September, will I still be able to get my green card?

A.  If you have an interview before August 31, you will be able to get your green card.  However, if you do not have an interview until September, the interview may be postponed until your priority date becomes current again.

If you have questions on this month’s Visa Bulletin, please reach out to your MU attorney directly or Contact Us.