EB-2 visa retrogression – September 2024

August 12, 2024

The September 2024 visa bulletin was released by DOS (see link here). USCIS decided that they will use the Final Action Date chart for the purpose of I-485 filing in September 2024 (see link here).

  1. If you want to file a new I-485 application 

Since USCIS chose Final Action Date chart for the purpose of filing I-485 in September, your priority date must be earlier than dates listed in the Final Action Date chart below for you to be eligible for filing an I-485 based on your 140 category and your country of birth:

Underlying I-140 petitionROW (countries other than China or India)China – mainland bornIndia
EB2 NIW03/15/202303/01/2020 07/15/2012
  1. If you will undergo Immigrant Visa processing (IVP) overseas

You can only initiate IVP after you receive the IVP fee invoice issued in email by NVC. Note NVC only issues the IVP fee invoice when I-140 has been approved AND the priority date is current or close to be current according to the Dates for Filing chart (NOT Final Action Date chart) of each month’s visa bulletin. (“Close to be current ” is randomly determined by NVC and there is no way to predict ahead of time.) If you did not indicate IVP as the preferred second step on your I-140 form, an I-824 application will be needed to forward your petition to the NVC. Our office also offers I-824 services. For reference, please find below the Dates for Filing chart and the cut-off dates the NVC refers to:

Underlying I-140 petitionROW (countries other than China or India)China – mainland bornIndia
EB2 NIW03/22/202306/01/202007/22/2012
  1. When your pending I-485 can be approved or your pending IVP can be scheduled for an interview or be approved

Your priority date must be earlier than dates listed in the Final Action Date chart below for your pending I-485 to be eligible for final approval; or for your pending IVP to be scheduled for an interview or final approval.

Underlying I-140 petitionROW (countries other than China or India)China – mainland bornIndia
EB2 NIW03/15/202303/01/2020 07/15/2012