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Jonh   John Burson 
edited Thursday, November 14, 2024
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Visa Bulletin for December 2024: Key Updates and Analysis

U.S. Department of State Visa Bulletin for December, Highlights Final Action Dates and Filing Dates and EB-5 Visa updates

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The United States Department of State has issued its Visa Bulletin for December 2024, summarizing the availability of family-sponsored and employment-based immigrant visas for the month. This bulletin also offers a look at the updated priority dates and outlines significant movement across several immigrant categories.

EB-5 Visa Program: Updates and Opportunities

The EB-5 Immigrant Investor Program, designed to stimulate the U.S. economy through job creation and capital investment by foreign investors, has specific updates in the December 2024 Visa Bulletin:

Unreserved Categories (C5, T5, I5, R5):

  • China: The final action date is set at July 15, 2016, indicating a backlog for Chinese investors.
  • India: The final action date is January 1, 2022, reflecting a more recent backlog compared to China.
  • All Other Countries: Remain current, meaning no backlog exists, and visas are available for qualified applicants.

Set-Aside Categories:

  • Rural (20%), High Unemployment (10%), and Infrastructure (2%): All categories are current across all countries, offering opportunities for investors targeting these specific areas.

These updates suggest that while backlogs persist for Chinese and Indian investors in the unreserved categories, opportunities remain available in the set-aside categories, which may offer a faster pathway to U.S. residency.

Diversity Visa Program and Special Updates

The Diversity Visa (DV) Program provides up to 52,000 visas for fiscal year 2025, allocated to applicants from countries with historically low rates of immigration to the United States. For December, the cut-off numbers are as follows:

  • Africa: Cut-off set at 15,000, except for Algeria, Egypt, and Morocco, each at 10,000.
  • Asia: 3,000 visas are available, with a specific cut-off of 2,950 for Iran and Nepal.

Additionally, the National Defense Authorization Act (NDAA) for Fiscal Year 2024 has introduced provisions for U.S. Government Employee Special Immigrant Visas (SIVs), potentially impacting certain current and former U.S. government employees abroad.

Family-Sponsored Immigrant Visas: Overview

The worldwide annual limit for family-sponsored immigrant visas is 226,000. According to the bulletin, the allocation of visas follows a preference system, with specific priority dates for each category. Here are the key updates:

  • F1 (Unmarried Sons and Daughters of U.S. Citizens): The priority date for most regions, including China and India, is October 22, 2015. However, Mexico faces a significant backlog with a priority date of November 22, 2004.
  • F2A (Spouses and Children of Permanent Residents): Numbers are current across all regions except Mexico, which has a priority date of April 15, 2021.
  • F3 (Married Sons and Daughters of U.S. Citizens): Priority dates for most countries remain at April 15, 2010, while Mexico lags behind with a priority date of October 22, 2000.
  • F4 (Brothers and Sisters of Adult U.S. Citizens): Most regions are set at August 1, 2007, while India is at March 8, 2006, and Mexico is at March 1, 2001.

These dates reflect the delays and backlogs that many countries face, particularly in oversubscribed regions such as India, China, Mexico, and the Philippines. This means that applicants with priority dates earlier than those listed are eligible to receive a visa.

Employment-Based Immigrant Visas: Key Highlights

The annual worldwide level for employment-based preference immigrants is set at 140,000. Here are the updates for December:

  • EB-1 (Priority Workers): Numbers are current for most countries, while China and India face priority dates of November 8, 2022 and February 1, 2022, respectively.
  • EB-2 (Advanced Degree Holders): Most countries have a priority date of March 15, 2023, while China is at March 22, 2020, and India is significantly backlogged at August 1, 2012.
  • EB-3 (Skilled Workers and Professionals): The cut-off for most countries is November 15, 2022, with China set at April 1, 2020, and India at November 8, 2012.

The employment-based visa categories demonstrate considerable backlogs, especially for applicants from India and China, where demand exceeds the per-country limits set by the Immigration and Nationality Act (INA).

EB-5 Versus Family-Sponsored Immigration: A Comparative Analysis

The December 2024 Visa Bulletin highlights the stark contrast between the EB-5 program and family-sponsored immigration in terms of visa availability and processing times.

Visa Category Processing Status Backlog Severity
EB-5 (Set-Aside) Current across all countries Low to None
EB-5 (Unreserved) China (July 15, 2016), India (Jan 1, 2022) Moderate for China and India
F1 (Unmarried Sons and Daughters of U.S. Citizens) Most Regions: Oct 22, 2015; Mexico: Nov 22, 2004 High, especially for Mexico
F2A (Spouses and Children of Permanent Residents) Current (Except Mexico: Apr 15, 2021) Moderate for Mexico
F3 (Married Sons and Daughters of U.S. Citizens) Most Regions: Apr 15, 2010; Mexico: Oct 22, 2000 Very High, especially for Mexico
F4 (Brothers and Sisters of Adult U.S. Citizens) Most Regions: Aug 1, 2007; India: Mar 8, 2006; Mexico: Mar 1, 2001 Extremely High, especially for Mexico and India

The comparison shows that the EB-5 visa program, particularly within the set-aside categories, offers a significantly faster and less backlogged route to U.S. residency when compared to the family-sponsored categories. For investors seeking a more predictable and efficient path to residency, the EB-5 program's current status presents an attractive opportunity.

Expert Opinion: Navigating the Visa Bulletin

Experts from Paperfree.com emphasize the importance of applicants closely monitoring the Visa Bulletin to determine their eligibility and prepare documentation promptly. "Understanding where you stand in the priority date timeline can help you effectively plan your immigration journey," said one analyst. With significant movement in both family and employment-based categories, it is crucial for applicants to regularly check the U.S. Citizenship and Immigration Services (USCIS) updates.

Conclusion

The December 2024 Visa Bulletin provides a complex but crucial snapshot of visa availability and processing timelines. Backlogs remain significant for many regions, especially for family-sponsored and employment-based visas from India, China, Mexico, and the Philippines. However, the EB-5 visa program, mainly through set-aside categories, offers a less congested pathway for foreign investors seeking U.S. residency. As the fiscal year progresses, applicants are advised to remain informed and act swiftly when their priority date becomes current.

For more information, visit the official USCIS website at www.uscis.gov/visabulletininfo.

 

Visa Bulletin for December 2024