Priority Dates: How Does the Visa Bulletin Work?

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Have you ever been confused about how to read the Visa Bulletin or wanted to learn more about how it works? Then you won’t want to miss this important video.

In this video, attorney Jacob Sapochnick breaks down everything you need to know about how to read and understand the Visa Bulletin issued by the State Department.

Overview

What is a Priority Date?

First, let’s discuss what a priority date is in immigration law.

A priority date is the date that U.S. Citizenship and Immigration Services (USCIS) received your I-130 immigrant petition for alien relative, or I-140 immigrant petition for alien worker. For employment-based cases, where a labor certification application is required, the priority date is the date on which the labor certification was received by the Department of Labor.

Essentially, a priority date determines a person’s place in line in the immigrant visa queue because there are a limited number of green cards available in a given year. The limited number of visas is also referred to as an annual numerical limitation or “visa cap,” set by the U.S. Congress.

A priority date is critically important because it determines when you can apply for your green card (if you are in the U.S.), or your immigrant visa at a consulate overseas.

Immediate Relatives

Please note that immediate relatives of U.S. Citizens do not need to wait in line for an immigrant visa or green card, since they are not subject to annual numerical limitations. This applies to spouses, unmarried children under the age of 21, and parents of U.S. Citizens only.

All others are subject to annual numerical limits set by the U.S. Congress, including all employment-based green card categories.

Where can I find my priority date?

You can find your priority date on the original receipt notice you received from USCIS in the mail, after filing your application with the agency. This is commonly known as the I-797 receipt notice.

What happens when my priority date becomes current?

Once your priority date becomes current, you have reached the front of the line and are eligible to apply for an immigrant visa (for those that reside overseas), or if you are in the United States, you may be eligible to apply for adjustment of status to permanent residence with USCIS.

Your priority date for your preference category is current if it is earlier than the cutoff date listed on the current Visa Bulletin.

What are the current priority dates?

The State Department publishes a monthly visa bulletin which lists the priority dates for the different immigrant visa categories and birth countries, allowing individuals to check their place in line in the visa queue every month.

Priority dates change frequently; therefore, applicants must check the Bulletin every month to determine their place in line.

Please note that if you are applying for adjustment of status, USCIS publishes which chart it will use from the Visa Bulletin on its webpage here.

When is the Visa Bulletin released?

The Visa Bulletin is published by the State Department on the second or third week of each month so that applicants know what to expect in terms of visa availability ahead of time, before the start of each month.

How is the Visa Bulletin Organized?

The Visa Bulletin is organized into two main sections: the family-sponsored preference categories and employment-sponsored preference categories. Visa availability is impacted by country of nationality and preference category. Certain nationals will experience longer wait times than others because of high demand for immigrant visas.

The Visa Bulletin includes two charts:

The Final Action Dates chart determines when a visa becomes available.

The Final Action Dates chart on the Visa Bulletin is the date when an immigrant visa is available, and a green card may finally be issued. A green card case cannot be completed (approved) unless the applicant’s priority date is earlier than the Final Action Date listed on the Visa Bulletin.

The Dates for Filing chart on the Visa Bulletin determines eligibility to simply assemble and submit required documentation to a consular post, for those processing an immigrant visa overseas, OR to file an adjustment of status application with USCIS for those in the United States. Individuals with a priority date before the applicable date which is listed on the Dates for Filing Chart can submit their documentation or adjustment of status application. However, a green card will NOT be issued until the priority date is current on the Final Action Dates chart.  

What are the annual numerical visa limits set by Congress?

Family-sponsored green cards

The U.S. Congress sets aside only 226,000 family-sponsored preference green cards each year as required by the Immigration and Nationality Act (INA). This number is further divided into five subcategories based on the immigrant’s relationship to the U.S. sponsoring relative as follows:

FAMILY-SPONSORED PREFERENCE CATEGORIES SUBJECT TO ANNUAL NUMERICAL LIMITS

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 annual limit plus any numbers not used for the fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, annual limit, plus any unused first preference numbers:

  1. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation;
  2. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400 annual limit, plus any numbers not used by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, annual limit plus any numbers not used by the first three preferences.

EMPLOYMENT-BASED PREFERENCE CATEGORIES SUBJECT TO ANNUAL NUMERICAL LIMITS

Employment based green cards are capped at 140,000 each year, and are further divided between five employment-based preference categories as follows:

  1. EB-1 Priority workers (EB1A – Aliens of Extraordinary Ability; EB1B – Outstanding Researchers/Professors; EB-1C Certain Multinational Managers or Executives)
  2. EB-2 Members of the professions holding advanced degrees and Aliens of Exceptional Ability
  3. EB-3 Professionals, Skilled, and Other Workers
  4. EB-4 Certain Special Immigrants (Religious Workers, Special Immigrant Juveniles, Members of the U.S. armed forces, etc.).
  5. EB-5 Immigrant Investors (Rural, High Unemployment, and Infrastructure)

No one country can be granted more than 7% of the green cards in any given year. When any country is over proscribed in any given category, a waiting list is formed, and the priority dates are utilized to determine where the line begins and ends. Therefore, high-population countries like China and India are more likely to have long waiting times.

Due to the high demand for visas and annual numerical limitations, the State Department must set cutoff dates for individuals to determine their place in line in the visa queue.

What is a retrogression of the Visa Bulletin?

The cut-off dates in both charts generally advance forward from month to month, allowing applicants to get closer to the front of the line. However, there are certain months where there may be a high level of demand for a certain preference category.

Such demand outweighs visa availability and requires the State Department to retrogress the affected category (move the cutoff date backwards), instead of advancing it. This means that applicants can potentially move backwards in the queue instead of moving forward to the front of the line, if demand outweighs visa availability for the affected preference category in any given month.

Conclusion

Be proactive and check the Visa Bulletin every month to determine your place in line. If your preference category is current, but is expected to retrogress in the future, you should plan to file for your immigrant visa or green card as soon as you are eligible to do so. When in doubt, speak with a qualified attorney to help you understand whether your priority date is current, and how long you may need to wait before you are eligible to apply.

To read our analysis of the August Visa Bulletin, please click here.

Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.

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