September 2024 Visa Bulletin
The September 2024 Visa Bulletin was released. The final action date for all areas except for India, China, Mexico, and the Philippines regressed 365 days to December 1, 2020.
Commentary:
September 2024
Final Action Dates Update
For all countries except India, China, Philippines, and Mexico: F1 category remains at October 22, 2022; F2A category remains at November 15, 2021, F2B remains at May 1, 2016, F4 category remains at August 1, 2007; EB1 remains Current; EB2 remains at March 15, 2023; and EB3 regresses 365 days to December 1, 2020.
For India only: F2A category remains at November 15, 2021, F2B category remains at May 1, 2016; F4 remains at January 22, 2006; EB1 remains at February 01, 2022; EB2 remains at July 12, 2012; EB3 remains at October 22, 2012; All EB5 visas are current except for Unreserved which remains at December 15, 2015.
For China only: EB1 remains at November 1, 2022; EB2 remains at March 1, 2020; EB3 remains at September 01, 2020; All EB5 visas are current except for the Unreserved (I5 and R5) which remains at December 15, 2015.
Vietnam is not individually listed and should use all countries category.
Can file your immigrant applications if PD before:
F2A remains at June 15, 2024 for All Areas; F2B remains at January 01 2017 for All Areas Except Those Listed, China, and India. Mexico remains at May 01, 2005, and the Philippines remains at October 01, 2013; F4 remains at March 01 2008 for All Areas and China, and India remains at June 15, 2006 Mexico remains at April 30, 2001, and the Philippines remains at April 1, 2006.
EB-1 PDs remain current for all areas, including Mexico and the Philippines, except for China and India. China's EB-1 remains at January 01, 2023. India's EB-1 remains at February 8, 2022; EB-2 PDs remain at March 22, 2023, for All Areas except for India and China. EB-2 India remains at July 22, 2012; EB-2 China remains at June 01, 2020; EB-3 PDs remain at February 01 2023 for All Areas, except for the Philippines, India, and China. The Philippines remains at January 01, 2023; EB-3 India remains at November 1, 2012; EB-3 China remains at July 01, 2021; EB-5 China (C5, T5, I5, R5) remains at January 01, 2017; All other EB-5 China remain Current; Vietnam is not individually listed and should use the all countries category.
B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF SEPTEMBER
Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program. Visa numbers made available to NACARA applicants in FY 2023 will result in reduction of the DV-2024 annual limit to 54,843. Section 5104 of the National Defense Authorization Act (NDAA) for Fiscal Year 2024 amended the NACARA’s provisions on the Diversity Visa program such that the number of visas made available under the NDAA will be deducted from the 55,000 DVs annually allocated. These amendments will not impact the number of diversity visas available until FY 2025. DVs are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.
For September, immigrant numbers in the DV category are available to qualified DV-2024 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
RegionAll DV Chargeability Areas Except
Those Listed Separately
AFRICA
Current
Except: Algeria 108,500
Egypt 57,000
Morocco 70,000
ASIA
27,500
Except: Iran 22,000
Nepal 13,000
EUROPE
50,000
Except: Russia 49,500
Uzbekistan 17,000
NORTH AMERICA (BAHAMAS)
Current
OCEANIA
2,700
SOUTH AMERICA,
and the CARIBBEAN
5,000
Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2024 program ends as of September 30, 2024. DV visas may not be issued to DV-2024 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2024 principals are only entitled to derivative DV status until September 30, 2024. DV visa availability through the very end of FY-2024 cannot be taken for granted. Numbers could be exhausted prior to September 30.
C. THE DIVERSITY IMMIGRANT (DV) CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN OCTOBER
For October, immigrant numbers in the DV category are available to qualified DV-2025 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
RegionAll DV Chargeability Areas Except
Those Listed Separately
AFRICA
15,000
Except: Algeria 6,500
Egypt 8,250
Morocco 8,250
ASIA
3,000
Except: Iran 2,950
Nepal 2,950
EUROPE
6,000
Except: Russia 5,950
Uzbekistan 4,900
NORTH AMERICA (BAHAMAS)
2
OCEANIA
500
SOUTH AMERICA,
and the CARIBBEAN
825
D. AVAILABILITY OF EMPLOYMENT-BASED VISAS DURING SEPTEMBER
There has been a steady increase in both USCIS and Department of State demand patterns for employment-based visas during the fiscal year. As a result, most employment-based preference category limits for FY 2024 are expected to be reached during September, if not sooner. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.
E. RETROTRESSION IN THE EMPLOYMENT-BASED THIRD PREFERENCE (EB-3) AND “OTHER WORKERS” (EW) CATEGORIES
As readers were informed was possible in Item D of the July 2024 and August 2024 Visa Bulletin, it has become necessary to retrogress the EB-3 final action dates for Rest of World, Mexico, and the Philippines, as well as the EW final action dates for Rest of World and Mexico. The issuance totals in these categories are rapidly approaching the annual limit for FY-2024, necessitating this slowdown of issuance rates. It is anticipated that the final action dates will advance in October 2024; however, date movement will depend on worldwide demand for EB-3 and EW visas and the estimated FY-2025 category limit.
F. DIVERSITY VISA LOTTERY 2025 (DV-2025) RESULTS
The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the selectees who are eligible to participate in the DV-2025 Diversity Visa (DV) program. Random selection of DV participants was conducted under the terms of section 203(c) of the Immigration and Nationality Act, which makes up to *55,000 permanent resident visas available annually to persons from countries with low rates of immigration to the United States. Approximately 131,060 prospective applicants (i.e., selectees and their spouses and children) have been registered, can confirm their selection, and may be eligible to make an application for an immigrant visa. Since selection is random and blind to the number of family members who might immigrate with the selectee, and it is likely that some of the selectees will not complete their cases or will be found ineligible for a visa, this larger figure should ensure that all DV-2025 numbers can be used during fiscal year 2025 (FY25: October 1, 2024, until September 30, 2025).
Entrants registered for the DV-2025 program were selected at random from 19,927,656 qualified entries received during the 35-day application period that ran from noon, Eastern Daylight Time on Wednesday, October 4, 2023, until noon, Eastern Standard Time on Tuesday, November 7, 2023. The visas will be apportioned among the six geographic regions to ensure a maximum of seven percent are issued to persons chargeable to any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete all required steps.
Selectees who are physically present with legal status in the United States may apply to adjust their status by first contacting the U.S. Citizenship and Immigration Services for information on the requirements and procedures. Once the total *55,000 visa numbers have been used, the program for fiscal year 2025 will end. Selectees who do not receive visas or status by September 30, 2025, will derive no further benefit from their DV-2025 registration. Similarly, spouses and children accompanying or following to join DV-2025 principal applicants are only entitled to derivative DV status until September 30, 2025.
Dates for the DV-2026 program registration period will be widely publicized in the coming months. Those interested in entering the DV-2026 program should check the Department of State’s Diversity Visa web page in the coming months.
*The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulated that up to 5,000 of the 55,000 annually-allocated diversity visas be made available for use under the NACARA program. This will result in reduction of the DV-2025 annual limit to approximately 54,850. Additionally, Section 5104 of the National Defense Authorization Act (NDAA) for Fiscal Year 2024 amended the NACARA’s provisions on the Diversity Visa program such that the number of visas made available under the NDAA will also be deducted from the 55,000 DVs annually allocated. This will result in an additional reduction of the DV-2025 annual limit to approximately 51,350.
The following is the statistical breakdown by foreign state of chargeability of those registered for the DV-2025 program:
AFRICA
ALGERIA 5,526
ESWATINI 6
NAMIBIA 5
ANGOLA 738
ETHIOPIA 3,674
NIGER 70
BENIN 1,032
GABON 81
RWANDA 1,385
BOTSWANA 7
GAMBIA, THE 159
SAO TOME AND PRINCIPE 3
BURKINA FASO 262
GHANA 2,686
SENEGAL 656
BURUNDI 773
GUINEA 1,291
SIERRA LEONE 957
CABO VERDE 52
GUINEA-BISSAU 12
SOMALIA 966
CAMEROON 3,962
KENYA 4,459
SOUTH AFRICA 163
CENTRAL AFRICAN REPUBLIC 29
LESOTHO 10
SOUTH SUDAN 32
CHAD 419
LIBERIA 2,004
SUDAN 5,505
COMOROS 4
LIBYA 192
TANZANIA 371
CONGO, DEMOCRATIC REPUBLIC OF THE 2,729
MADAGASCAR 35
TOGO 2,287
CONGO, REPUBLIC OF THE 513
MALAWI 61
TUNISIA 96
COTE D’IVOIRE 883
MALI 167
UGANDA 1,061
DJIBOUTI 132
MAURITANIA 228
ZAMBIA 118
EGYPT 5,515
MAURITIUS 2
ZIMBABWE 210
EQUATORIAL GUINEA 24
MOROCCO 4,237
ERITREA 142
MOZAMBIQUE 11
ASIA
AFGHANISTAN 4,009
JORDAN 775
SAUDI ARABIA 420
BAHRAIN 4
KOREA, NORTH 1
SINGAPORE 11
BHUTAN 269
KUWAIT 105
SRI LANKA 1,618
BURMA 1,723
LAOS 63
SYRIA 431
CAMBODIA 457
LEBANON 115
TAIWAN 227
INDONESIA 193
MALAYSIA 34
THAILAND 405
IRAN 5,267
MONGOLIA 174
UNITED ARAB EMIRATES 153
IRAQ 667
NEPAL 3,861
YEMEN 1,894
ISRAEL 104
OMAN 13
JAPAN 149
QATAR 56
EUROPE
ALBANIA 1,598
GEORGIA 1,342
NORTH MACEDONIA 188
ANDORRA 3
GERMANY 479
NORTHERN IRELAND 6
ARMENIA 2,971
GREECE 37
NORWAY 7
AUSTRIA 51
HUNGARY 97
POLAND 309
AZERBAIJAN 1,730
ICELAND 5
PORTUGAL 38
BELARUS 1,577
IRELAND 29
Macau 6
BELGIUM 49
ITALY 263
ROMANIA 199
BOSNIA AND HERZEGOVINA 35
KAZAKHSTAN 2,004
RUSSIA 5,519
BULGARIA 107
KOSOVO 260
SERBIA 154
CROATIA 7
KYRGYZSTAN 3,095
SLOVAKIA 26
CYPRUS 14
LATVIA 43
SLOVENIA 3
CZECH REPUBLIC 28
LIECHTENSTEIN 1
SPAIN 142
DENMARK 28
LITHUANIA 89
SWEDEN 49
Faroe Islands 1
LUXEMBOURG 4
SWITZERLAND 42
Greenland 1
MALTA 3
TAJIKISTAN 2,982
ESTONIA 23
MOLDOVA 1,413
TURKEY 4,194
FINLAND 18
MONTENEGRO 38
TURKMENISTAN 2,010
FRANCE 275
NETHERLANDS 34
UKRAINE 4,002
French Polynesia 2
Aruba 1
UZBEKISTAN 5,564
Saint Barthelemy 2
NORTH AMERICA
BAHAMAS, THE 19
OCEANIA
AUSTRALIA 894
NAURU 17
SAMOA 16
Christmas Island 1
NEW ZEALAND 302
SOLOMON ISLANDS 15
Cocos (Keeling) Islands 53
Tokelau 15
TONGA 266
COOK ISLANDS 27
NIUE 1
TUVALU 4
FIJI 2,359
PAPUA NEW GUINEA 22
VANUATU 5
KIRIBATI 32
REPUBLIC OF PALAU 24
SOUTH AMERICA
ANTIGUA AND BARBUDA 5
DOMINICA 4
PARAGUAY 20
ARGENTINA 130
ECUADOR 795
PERU 657
BARBADOS 4
GRENADA 1
SAINT LUCIA 6
BELIZE 1
GUATEMALA 230
SAINT VINCENT AND THE GRENADINES 7
BOLIVIA 102
GUYANA 18
SURINAME 6
CHILE 61
NICARAGUA 86
TRINIDAD AND TOBAGO 40
COSTA RICA 72
PANAMA 29
URUGUAY 29
CUBA 2,348
Natives of the following countries were not eligible to participate in DV-2025: Bangladesh, Brazil, Canada, China (including Hong Kong SAR), Colombia, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, Venezuela, and Vietnam.
G. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)
The State Department is required to make the determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (USCIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the USCIS data, the Visa Office (VO) bases allocations on reasonable estimates of the anticipated amount of visa numbers to be available under the annual limits, in accordance with Section 203(g) of the INA. On July 19th, USCIS provided the required data to the VO.
The Department of State has determined the Family and Employment preference numerical limits for FY-2024 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2024 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 160,791
Under INA Section 202(a)(2), the per-country limit is fixed at 7% of the combined total family and employment annual limits. For FY-2024 the per-country limit is therefore 27,075. The dependent area annual limit is 2%, or 7,736. Note that these figures do not account for carryover provisions in accordance with INA 203(b)(5)(B). With these carryover visa numbers included, the per-country limit is 27,837 and the dependent area limit is 7,953.
H. U.S. GOVERNMENT EMPLOYEE SPECIAL IMMIGRANT VISAS (SIVs)
The National Defense Authorization Act (NDAA) for Fiscal Year 2024, signed into law on December 22, 2023, may affect certain current and former employees of the U.S. Government abroad applying for SIVs or adjustment of status, as described in section 101(a)(27)(D) of the INA. This does not affect certain Iraqis and Afghans applying for SQ and SI SIVs. Applicants should contact the consular section at which they filed their Form DS‑1884 for further information on the impact of that law on their case.
I. FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV
Department of State Publication 9514
CA/VO: August 2, 2024
Written by
Watson Immigration LawImmigration Attorney at Watson Immigration Law, specializing in business and investor immigration.