October 2024 Visa Bulletin: Movement Forward for EB-3

The Department of State has just issued the October 2024 Visa Bulletin, the first of the new Fiscal Year. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

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

Table B: Dates of Filing - Adjustment of Status applicants with these priority dates or earlier may file their Form I-485:

MU Law Analysis

EB-1 and EB-2: The Visa Bulletin for categories EB-1 and EB-2 made nearly no movement from September 2024. Only China EB-1 and EB-2 made forward progress of less than a month.

EB-3: The EB-3 categories for Rest of World, Mexico, and Philippines moved forward roughly 2 years from the September 2024 visa bulletin, closely mirroring the June 2024 visa bulletin which was issued before the DOS began rolling back visa numbers for the rest of the fiscal year.

EB-3 India moved forward less than one month, while EB-3 China retrogressed 5 months from the September 2024 Visa Bulletin.

PREMIUM PROCESSING WILL EXPAND TO INCLUDE CERTAIN PENDING EB-1 AND EB-2 I-140 PETITIONS

As part of its initiative to expand premium processing eligibility, on May 24, 2022, USCIS issued a news alert that its premium processing program will be expanded to include certain pending I-140 petitions filed under the EB-1 and EB-2 categories.

This expansion of premium processing only applies to certain previously filed Form I-140 petitions and will occur in phases:

·         Beginning June 1, 2022, USCIS will accept Form I-907 premium processing upgrade requests for E13 multinational executive and manager petitions received on or before Jan. 1, 2021.

·         Beginning July 1, 2022, USCIS will accept Form I-907 premium processing upgrade requests for E21 NIW petitions received on or before June 1, 2021, and E13 multinational executive and manager petitions received on or before March 1, 2021. 

New (initial) I-140 filings for the categories above are not eligible for premium processing at this time.

USCIS will reject any premium processing requests for the classifications above that are filed before the appropriate start date. 

DOL WAGES: LAWSUITS AND ALTERNATIVE SURVEYS

DOL WAGES: LAWSUITS AND ALTERNATIVE SURVEYS

At our recent webinar, MU attorneys discussed the new DOL wage rule and how it could greatly raise prevailing wages for H-1B petitions and EB-2 and EB-3 green cards.  More on this topic here.   We want to give our clients and friends two updates: 

1.   Lawsuit.  MU along with some clients and the US Chamber of Commerce have been working on a lawsuit against both the DOL and the USCIS.  US Chamber of Commerce press release.  The lawsuit seeks to overturn both the new DOL wage computation used in their OES wage survey, and the three harsh changes to the H-1B definition.  The lawsuit was filed last week and there is a hearing on the case set for November 23.  If successful, the DOL and USCIS regulations could be nullified. 

2.   Alternative Wage Surveys.  The new DOL rule only raises the OES survey, which is the default survey used in H-1B cases, and in PWDs, which are used in EB-2 and EB-3 green card petitions.  The law still allows “alternative surveys.”  An alternative survey is any published or private survey that meets common statistical metrics, is recent, is geographically relevant, and covers the position in question.  

MU has identified several surveying companies that can be used for problematic wages.  As MU works your cases, we will let you know if we think that a survey may be a strategy worth pursuing.

REMINDER - OVERVIEW OF UPDATES FROM THE USCIS, DOL, AND DOS

MU Law will be hosting a free webinar for our clients and friends on Monday, October 12, 2020 at 2PM Eastern (1PM Central).  Interested clients and friends can register for our webinar by clicking on the link below.

 REGISTER HERE

Are you feeling dizzy from all the changes in immigration lately?  Join us for this FREE webinar to learn more about:

• Furloughs at USCIS
• Recap of the Presidential Proclamations from April and June 2020
• 221Gs from the US Embassy in Manila
• The Public Charge Rule
• October Visa Bulletin
• EB2 to EB3 Downgrading options for Indian and Chinese nationals
• Detailed Risk Analysis of I-140 Amendments
• USCIS Fee Increases
• New Department of Labor rule regarding prevailing wage calculations
• New USCIS rule regarding qualification for H-1B

 

PLEASE JOIN US!

REMINDER - OVERVIEW OF UPDATES FROM THE USCIS, DOL, AND DOS

MU Law will be hosting a free webinar for our clients and friends on Monday, October 12, 2020 at 2PM Eastern (1PM Central).  Interested clients and friends can register for our webinar by clicking on the link below.

 REGISTER HERE

Are you feeling dizzy from all the changes in immigration lately?  Join us for this FREE webinar to learn more about:

• Furloughs at USCIS
• Recap of the Presidential Proclamations from April and June 2020
• 221Gs from the US Embassy in Manila
• The Public Charge Rule
• October Visa Bulletin
• EB2 to EB3 Downgrading options for Indian and Chinese nationals
• Detailed Risk Analysis of I-140 Amendments
• USCIS Fee Increases
• New Department of Labor rule regarding prevailing wage calculations
• New USCIS rule regarding qualification for H-1B

 

PLEASE JOIN US!

OVERVIEW OF UPDATES FROM THE USCIS, DOL, AND DOS

MU Law will be hosting a free webinar for our clients and friends on Monday, October 12, 2020 at 2PM Eastern (1PM Central).  Interested clients and friends can register for our webinar by clicking on the link below.

 REGISTER HERE

Are you feeling dizzy from all the changes in immigration lately?  Join us for this FREE webinar to learn more about:

• Furloughs at USCIS
• Recap of the Presidential Proclamations from April and June 2020
• 221Gs from the US Embassy in Manila
• The Public Charge Rule
• October Visa Bulletin
• EB2 to EB3 Downgrading options for Indian and Chinese nationals
• Detailed Risk Analysis of I-140 Amendments
• USCIS Fee Increases
• New Department of Labor rule regarding prevailing wage calculations
• New USCIS rule regarding qualification for H-1B

 PLEASE JOIN US!