Slow Movement in Employment-Based US Visa Categories

The current landscape for employment-based U.S. visa categories has been marked by a noticeable slowdown in processing times and approvals. Many applicants are experiencing delays that prolong their wait for essential documentation, affecting not only their employment prospects but also their personal lives. Factors contributing to this slow movement include increased scrutiny during the application process and a backlog of cases exacerbated by recent policy changes.

11/14/20243 min read

The current landscape for employment-based U.S. visa categories has been marked by a noticeable slowdown in processing times and approvals. Many applicants are experiencing delays that prolong their wait for essential documentation, affecting not only their employment prospects but also their personal lives. Factors contributing to this slow movement include increased scrutiny during the application process and a backlog of cases exacerbated by recent policy changes. As a result, employers seeking to fill crucial positions may face challenges in securing the talent they need from abroad. This stagnation not only hampers economic growth but also diminishes the U.S.'s competitiveness in attracting skilled professionals from around the world. Stakeholders are hopeful for reforms that would streamline the visa application process, allowing for more efficient transitions for foreign workers who contribute significantly to diverse sectors of the American economy.

Family-Sponsored Green Cards and Employment-Based Preferences

The latest Visa Bulletin gives a clear picture of family-sponsored applications, outlining the categories and priority dates for immigrant visas. This info is super important for applicants keeping an eye on their green card journey, as it helps them figure out when they can file.

Family-Sponsored Visa Limits for 2024

For the fiscal year 2024, the limit for family-sponsored green cards is set at 226,000. Each category has its own allocation, and there are per-country caps to make sure visas are distributed fairly among applicants from various countries. Here’s a quick look at the main family-sponsored preferences:

  1. First Preference (F1): Unmarried Sons and Daughters of U.S. Citizens – 23,400 visas, plus any extras from the fourth preference.

  2. Second Preference (F2): Spouses and Children of Permanent Residents, and Unmarried Sons and Daughters:

    F2A: Spouses and Children of Permanent Residents get 77% of the F2 limit, with 75% exempt from the per-country cap.

    F2B: Unmarried Sons and Daughters (21 years or older) of Permanent Residents make up 23% of the F2 limit.

  3. Third Preference (F3): Married Sons and Daughters of U.S. Citizens – 23,400 visas, plus any leftovers from the first and second preferences.

  4. Fourth Preference (F4): Brothers and Sisters of Adult U.S. Citizens – 65,000 visas, plus any unused numbers from the earlier categories.

Updates in Employment-Based (EB) Categories

The December bulletin is also crucial for those looking to secure green cards through employment-based categories. It outlines the earliest dates for visa issuance and the approval of adjustment of status applications.

December Cutoff Dates for Employment-Based Visas

  1. EB-1 (Priority Workers): The Final Action Date for India stays the same at February 1, 2022.

  2. EB-2 (Advanced Degree Professionals): There's a slight two-week jump, making the new cutoff date August 1, 2012.

  3. EB-3 (Professionals and Skilled Workers): Progress is minimal, with just a one-week shift to November 8, 2012.

  4. EB-3 (Other Workers): This category matches EB-3 Professionals, also moving to November 8, 2012.

  5. EB-5 (Immigrant Investors): The cutoff for EB-5 Unreserved categories remains at January 1, 2022. However, the EB-5 set-aside categories for Rural, High Unemployment, and Infrastructure are current for all countries.

Upcoming USCIS Announcement on Adjustment of Status

The U.S. Citizenship and Immigration Services (USCIS) is set to announce whether it will accept adjustment of status applications for December based on the “Final Action Dates” or “Dates for Filing” chart.

This announcement will clarify when applicants can submit their adjustment applications. It's important to keep an eye on the USCIS Visa Bulletin webpage for the latest updates.

Understanding the U.S. Visa Bulletin

The Visa Bulletin, released monthly by the Department of State, helps applicants understand visa availability for different green card categories.

It shows when applicants can proceed in the immigration process, depending on the number of pending applications and visa demand. Each month, adjustments are made to reflect visa availability in various categories, helping applicants plan ahead.