USA
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The US Department of State has released the January 2025 Visa Bulletin, shedding light on the availability of immigrant numbers crucial for visa applicants.
This bulletin delineates priority dates for Final Action and Dates for Filing Applications, which are vital for determining the timeline for submitting necessary documents to the National Visa Center. In this release, the Dates for Filing Chart has remained stable from the prior month; however, significant shifts are noted within the Final Action Dates, particularly in specific employment-based categories. The EB-1 category, which caters to multinational executives and individuals of extraordinary ability, has seen no changes in priority dates for most countries.
Conversely, advancements are evident in the second-priority EB-2 category. For advanced degree holders and individuals with exceptional abilities, China's priority date has progressed by one month to April 22, 2020. Other countries have moved forward by two weeks, now listed as April 1, 2023. The EB-3 category, allocated to skilled workers and professionals, has also experienced notable changes. Priority dates for countries in this category are now two weeks closer, reaching December 1, 2022.
While advancements characterize these categories, the EB-5 category, aimed at immigrant investors, remains static. The EB-5 set-aside categories, which include Rural, High Unemployment, and Infrastructure, also reflect no changes. Increased I-526E petition approvals signal greater activity in EB-5 set-aside categories, potentially prompting earlier establishment of Dates for Filing and Final Action Dates within the fiscal year to mitigate against surpassing annual limits. Ongoing monitoring by USCIS is expected to facilitate necessary adjustments.
For applicants considering a status adjustment with USCIS, determining application eligibility hinges on the Final Action Dates charts. If more immigrant visas are accessible than applicants, the Dates for Filing Visa Applications charts may come into play. Visa allocations follow a chronological order based on reported priority dates, accounting for demands acknowledged by December 3, 2024.
USCIS specifies that when demand exceeds the supply for any category, the final action date becomes the earliest priority date that cannot be accommodated. Retrogression of final action dates may be necessary during monthly allocations, and supplemental number requests will only be approved if priority dates are within the newly established limits. Should annual caps be reached, preference categories are deemed "unavailable," preventing further requests.
Adjustment of Status (AOS) applications for both employment-based and family-sponsored categories are based on USCIS’s determination of filing dates utilizing the relevant charts each month. To apply, an applicant's priority date must be current in the applicable chart, which guides USCIS or DOS decisions on Immigrant Visa applications. For fiscal year 2025, the limit for family-sponsored preference immigrants is established at 226,000, while the worldwide annual employment-based preference immigrants' quota stands at a minimum of 140,000.
The per-country limit corresponds to 7% of the total annual preference limits, equating to 25,620 visas, and the dependent area limit is set at 2%, or 7,320.
Visa prorating provisions will apply if issuances surpass per-country limits, currently affecting countries such as China, India, Mexico, and the Philippines. The DV-2025 program concludes on September 30, 2025, with all DV visas needing to be issued by this date.
The annual limit for Diversity Visas in 2025 is approximately 52,000, allocated across six geographic regions, and no single country may receive more than 7% of the available diversity visas in any given year. The availability of DV visas through the end of FY-2025 remains uncertain, as these numbers may be exhausted prior to the fiscal year's conclusion.