September 2024 Visa Bulletin: Key Updates and Insights

The U.S. Department of State (DOS) has released the September 2024 Visa Bulletin, providing critical updates on visa availability across various categories. This bulletin includes final action dates, dates for filing, and important notes on the FY2025 diversity visa, employment-based visa availability, and expectations for the FY2024 employment-based preference category limits.

Employment-Based, First Preference (EB1) Category

• The EB1 category remains unchanged this month. The cutoff date for EB1 India is set at February 1, 2022, while EB1 China holds at November 1, 2022. The EB1 category continues to be current for all other countries of chargeability, indicating no backlog for these applicants.
  

Employment-Based, Second Preference (EB2) Category

• The EB2 category also sees no changes. The cutoff date for India remains at July 15, 2012, and for China, it stays at March 1, 2020. For all other countries, the cutoff date is unchanged at March 15, 2023.

Employment-Based, Third Preference (EB3) Category

• In the EB3 category, there is no forward movement for India, with the cutoff date staying at October 22, 2012. China's cutoff date remains at September 1, 2020. However, the EB3 category for Mexico, the Philippines, and all other countries of chargeability has retrogressed to December 1, 2020, reflecting a tightening of visa availability.
  

EB3 Other Workers

• The EB3 other workers category follows a similar trend. India's cutoff date remains at October 22, 2012, and China's at January 1, 2017. The cutoff date for the Philippines stays at May 1, 2020. However, Mexico and all other countries of chargeability have seen a retrogression to December 1, 2020.

Employment-Based, Fourth Preference (EB4) Category

• For the EB4 category, the cutoff date for all countries remains set at January 1, 2021. This indicates no movement in this preference category for September 2024.

Employment-Based, Fifth Preference (EB5) Category

• The EB5 category also remains largely unchanged. For unreserved visa numbers (those not set aside for rural, high unemployment, and infrastructure projects), China's cutoff date is December 15, 2015, and India's cutoff date is December 1, 2020. The EB5 category remains current for all other countries and reserved visa numbers.

Family-Based, Second Preference

• A noteworthy update in the family-based second preference category is that the cutoff date on the dates for filing chart (Chart B) remains at June 24, 2024, for all countries of chargeability.

Additional Notes

• FY2025 Diversity Visa: The bulletin provides details on the FY2025 diversity visa, outlining the process and availability for applicant.
• Visa Availability for EB-3 and OW: The bulletin notes retrogressions and the continued high demand in these categories.

FY2024 Employment-Based Preference Category Limits: Most of these limits are expected to be reached during September, signaling a potential slowdown in visa availability as the fiscal year closes.

For those navigating the U.S. immigration system, understanding these updates is crucial, particularly as visa availability can significantly impact application timelines and strategic planning for future filings. If you need assistance interpreting how these changes might affect your case, our law firm is here to help.

USCIS Adjustment of Status Filing Dates for September 2024

On August 8, 2024, USCIS released the adjustment of status filing dates for September 2024, providing guidance on which charts applicants should refer to when filing for adjustment of status.

Family-Sponsored Filings:

For all family-sponsored preference categories, USCIS has instructed applicants to use the **Dates for Filing** chart provided in the Department of State Visa Bulletin for September 2024. This chart allows applicants to submit their applications earlier than if they were to follow the Final Action Dates, offering a strategic advantage for those seeking to adjust status under family-based categories.

Employment-Based Preference Filings:

For all employment-based preference categories, USCIS has specified that applicants must use the **Final Action Dates** chart from the Department of State Visa Bulletin for September 2024. This means that applicants can only file for adjustment of status if their priority date is current according to the Final Action Dates, which reflect the actual availability of immigrant visas.

This guidance is crucial for applicants and their attorneys as it determines the timing for filing adjustment of status applications. If you have questions about how these updates may impact your specific case or need assistance with the adjustment of status process, our law firm is here to provide expert guidance and support.

National Interest Waiver: A Pathway to U.S. Permanent Residency for Talented Professionals

The National Interest Waiver (NIW) is a unique opportunity under U.S. immigration law that allows foreign nationals with advanced degrees or exceptional abilities in various fields to obtain permanent residency without the need for employer sponsorship. This waiver, part of the EB-2 immigrant visa category, is particularly valuable for those whose work is considered to be of substantial merit and national importance to the United States.

Who Can Qualify for a National Interest Waiver?

Individuals from a wide array of fields can qualify for a NIW, provided they meet the necessary criteria. Professionals in science, business, arts, music, and computer engineering are just a few examples of those who might be eligible. For many, especially those who may not meet the stringent criteria of the EB-1A category (reserved for those with extraordinary abilities), the NIW provides an attainable alternative.

To qualify for a NIW, applicants must satisfy three key criteria

1. Substantial Merit and National Importance: The proposed endeavor must have both significant value and implications for the United States. This could include groundbreaking research in the sciences, innovative business practices, advancements in the arts or music, or cutting-edge work in computer engineering.
2. Well-Positioned to Advance the Endeavor: The applicant must demonstrate that they are well-positioned to continue making contributions in their field. This involves showing a proven track record of achievements, whether through awards, publications, patents, or leadership roles.
3. Balancing the Benefits: The applicant must prove that, on balance, it would be beneficial to the U.S. to waive the standard job offer and labor certification requirements. This often involves demonstrating how the individual's work directly supports U.S. national interests.

Creating a Persuasive Narrative for NIW

At our law firm, we have successfully assisted hundreds of professionals across various industries in obtaining NIWs by crafting compelling narratives that highlight how their unique talents and contributions align with U.S. national interests. Our approach focuses on three main areas:

1. Substantial Merit: We work with clients to gather evidence that demonstrates the significant impact of their work. This can include expert opinion letters, documentation of key contributions, and examples of how their work has benefited their field or the broader U.S. economy.
2. Positioned for Success: We help clients build a case that they are uniquely qualified to advance their field. This often includes showcasing awards, recognitions, patents, publications, and other achievements that demonstrate the applicant's influence and potential.
3. National Importance: We tie the client's work to broader U.S. interests, such as economic growth, technological advancement, public health, or national security. This is particularly important in fields like computer engineering, where innovations in cybersecurity or AI can have far-reaching implications for the country.

Case Study: NIW Approval for a Senior IT Manager in Cybersecurity

In the ever-evolving field of cybersecurity, individuals who demonstrate exceptional skill and leadership play a crucial role in safeguarding vital information and systems. One such individual, a Senior IT Manager with over a decade of experience, recently achieved a significant milestone by obtaining approval for a National Interest Waiver (NIW), allowing him to secure U.S. permanent residency without the need for employer sponsorship.

Background: A Career Built on Expertise and Leadership

This IT manager holds a Master's degree in Information Technology and has amassed over 10 years of experience in the industry. Throughout his career, he has consistently demonstrated his expertise in cybersecurity, a field of growing national importance. His work, particularly in protecting sensitive information and preventing cyber threats, has been pivotal in securing his employer's infrastructure, which serves critical sectors of the U.S. economy.

With a high salary reflecting his advanced skills and the critical nature of his work, this IT manager was well-positioned to pursue a NIW. His role not only involved implementing cutting-edge cybersecurity measures but also leading a team of professionals dedicated to safeguarding the digital assets of his organization. His contributions included developing proprietary cybersecurity protocols, which were adopted company-wide and have since become industry benchmarks.

Crafting a Compelling Case for NIW 

To support his NIW application, our law firm presented a comprehensive narrative that highlighted three key aspects of his qualifications:

• Substantial Merit of His Work: The core of our argument was centered around the substantial merit of the IT manager's work in cybersecurity. We demonstrated how his efforts had directly contributed to the protection of critical systems and data, not just within his organization, but across the industry. By implementing innovative security measures, he had prevented significant cyber threats, which in turn protected vital information that could have been compromised.

His high salary further underscored the value placed on his expertise by his employer, reflecting the critical importance of his role in maintaining cybersecurity.

• National Importance of His Contributions: Cybersecurity is a field that is inherently tied to national security and economic stability. We emphasized how the IT manager's work was of national importance, as it involved protecting infrastructure that supports key sectors such as finance, healthcare, and energy. His leadership in developing cybersecurity protocols that were adopted by other firms in the industry further demonstrated the wide-reaching impact of his work.

The expert opinion letters we gathered attested to the significance of his contributions, with industry leaders recognizing his role in enhancing the overall security landscape in the U.S. These endorsements were critical in establishing the national importance of his work.

• Positioned to Advance the Field: The IT manager's long-standing career, marked by numerous awards, recognitions, and the development of proprietary cybersecurity solutions, clearly indicated that he was well-positioned to continue making significant contributions to the field. We highlighted his leadership in the cybersecurity domain, his publications in respected journals, and the patents he held for innovative security technologies.

His role as a thought leader in the industry, coupled with his practical contributions, demonstrated his ability to further advance cybersecurity in ways that would continue to benefit the U.S.

Conclusion

Ultimately, we successfully convinced USCIS that this Senior IT Manager's work was not only of substantial merit and national importance but also that he was uniquely qualified to advance the field of cybersecurity. By focusing on the critical role he played in protecting essential infrastructure and his potential for continued contributions, we were able to demonstrate that it was in the national interest to waive the job offer and labor certification requirements.

The approval of his NIW petition is a testament to his exceptional abilities and the vital role he plays in safeguarding the digital landscape of the United States. This case underscores how professionals in fields of national importance, such as cybersecurity, can leverage their expertise to secure U.S. permanent residency through the NIW pathway.

Conclusion

The National Interest Waiver is a valuable option for talented professionals in various fields, providing a pathway to U.S. permanent residency without the need for employer sponsorship. By focusing on the substantial merit of an individual's work, their ability to advance their field, and the national importance of their contributions, our law firm has helped many professionals achieve their immigration goals. If you believe your work could qualify for a NIW, our team is here to guide you through the process and help you present the strongest possible case to USCIS.

We hope you find this information valuable. If you have any questions or require legal assistance related to any of these updates, please don't hesitate to contact us. We are here to help.

Sincerely,

Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C.

Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.