The U.S. Department of State has released its latest Visa Bulletin, which provides crucial information on the availability of immigrant visas for the upcoming month. These updates impact individuals across various employment-based (EB) immigration categories, including applicants for the EB-2 National Interest Waiver (NIW).
Key Changes in the Visa Bulletin
The Visa Bulletin outlines two critical dates: the Final Action Dates and the Dates for Filing.
- Final Action Dates indicate when a visa can be issued, based on priority dates.
- Dates for Filing determine when applicants can submit their adjustment of status (AOS) or immigrant visa applications.
The latest update may bring forward or delay the processing of EB-2 NIW applications depending on the movement of these dates.
Implications for EB-2 NIW Applicants
Retrogression or Advancement
The Visa Bulletin can either advance or retrogress priority dates. If the priority date for a specific country advances, it means applicants whose cases have earlier dates may now be eligible for further processing or final approval. Conversely, if dates retrogress, applicants will experience delays in the issuance of their green cards, even if they have met all other eligibility criteria.
Action Steps for Applicants
- Check the Priority Date. The priority date is essential in determining whether an applicant can proceed. Applicants should regularly monitor the Visa Bulletin to see if their date has become current.
- Filing Eligibility. If an applicant’s priority date is earlier than the “Dates for Filing,” they may be eligible to submit their application for adjustment of status (I-485) or immigrant visa processing.
- Final Action Status. Once the priority date is current according to the “Final Action Dates,” applicants may be eligible to receive their green card.
Impact of the New Visa Bulletin, Effective October 1, 2024
The Visa Bulletin has advanced from March 22, 2023, to August 1, 2023, representing a significant five-month progression. This means that all applicants with a priority date earlier than August 1, 2023, are now eligible to apply for either adjustment of status or consular processing. This is a substantial advancement, and we look forward to assisting our clients with their applications during this new window of opportunity.
Applicants from countries like India and China often experience slower priority date movement due to the high demand for EB-2 visas. As a result, they should pay close attention to Visa Bulletin updates, as they typically face longer waiting periods.
If you have any remaining questions, it’s essential to seek the assistance of an experienced team of immigration attorneys such as those here at LOIGICA.
Paula Pava
Paralegal and skilled attorney based in Colombia with expertise in immigration law. With extensive experience in navigating complex immigration processes, she is dedicated to providing clear and effective legal assistance to individuals and families seeking new opportunities abroad.
Paula Pava
Paralegal and skilled attorney based in Colombia with expertise in immigration law. With extensive experience in navigating complex immigration processes, she is dedicated to providing clear and effective legal assistance to individuals and families seeking new opportunities abroad.
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