Green Card Priority Date and Visa Bulletin

Understanding Priority Date and Visa Bulletin

For individuals seeking immigration to the United States, the priority date and visa bulletin are two crucial terms to understand. These concepts play a significant role in determining when an immigrant visa (green card) becomes available for issuance.

What is a Priority Date?

A priority date is the filing date of a foreign national’s petition with the U.S. Citizenship and Immigration Services (USCIS) or the Department of Labor, depending on immigrant visa category. This date serves as a benchmark for determining the order in which visa numbers become available for the purpose of obtaining a green card.

Types of Priority Dates

There are several types of priority dates, each associated with a specific immigration category:

Family-based priority dates: These apply to individuals who are immigrating based on their relationship to a U.S. citizen or lawful permanent resident.
Employment-based priority dates: These pertain to individuals who are immigrating for employment purposes, such as through a job offer and sponsorship from a US company. Employment-based categories include EB-1, EB-2B, EB-1C, PERM EB-2 and EB-3, EB-2 NIW, EB-5.
Diversity Visa Lottery: This applies to individuals who have been selected through the annual Diversity Visa Lottery program.

The Visa Bulletin

The Visa Bulletin is a monthly publication issued by the Department of State’s Bureau of Consular Affairs. It contains information on the availability of immigrant visas for each priority date category. The bulletin is used by USCIS and consular officers at U.S. embassies to determine whether a visa number is available.

How Does the Visa Bulletin Work?

The Visa Bulletin lists a “current priority date” for each category. This date indicates the earliest priority date for which visas are currently available. If your priority date is earlier than the current priority date, you may be eligible for an immigrant visa.

Checking the Visa Bulletin

The Visa Bulletin is typically released during the first two weeks of each month. You can check the latest bulletin on the Department of State’s (DOS) website. Visit the Department of State Visa Bulletin website for more information each month.

Aside from the DOS Visa Bulletin, individuals applying for adjustment of status must check, the USCIS Visa Bulletin Info.

Tips for Understanding the Visa Bulletin

Pay attention to the “Dates for Filing” Chart in the Visa Bulletin when Applying through Consular Processing: This date indicates the earliest date for which green card applicants should submit their immigrant visa documents to the National Visa Center (NVC). The “Dates for Filing” Chart is primarily for applicants living outside the United States, but it can also provide benefits for applicants living in the United States as you can see below.

Pay attention to the “Final Action Date” or “Dates for Filing Applications” Charts when Filing for Adjustment of Status with USCIS: This date indicates the earliest date for which adjustment of status cases can be filed with USCIS. For those living in the United States, USCIS publishes an USCIS Visa Bulletin Info on their website each month to indicate which chart to use for the purpose of filing and adjustment of status application.

Two Charts, One Decision: The USCIS website for Visa Bulletin Info offers two relevant charts Dates for Filing Applications or Final Action Date Chart. USCIS may designate one of these two chart for use for a monthly Visa Bulletin for the purpose of filing adjustment of status application with USCIS. Visit the USCIS Visa Bulletin Info page monthly to stay updated on the designated chart for each visa bulletin. Keep in mind that visa availability fluctuates, so the designated chart can change monthly.

Identify Your Chart: Based on the USCIS announcement or your location outside the United States, determine which chart applies to your category (family, employment, or diversity visa).

Compare Your Priority Date: Locate your priority date on your Form I-797, Notice of Action. If your priority date is earlier than the listed date on the designated chart, you can generally proceed with filing your adjustment of status application or your DS-260 Immigrant Visa Application for consular processing. However, you cannot proceed with your I-485 Adjustment of Status Application until your priority date becomes current on the Department of State Visa Bulletin for your category. In the case of consular processing, the NVC will notify the applicant when to submit an application for an immigrant visa and pay the required fees.

Be aware of “cut numbers”: These are specific priority dates for certain countries that may have reached their annual visa limit.

Consider “retrogression”: This occurs when the current priority date moves backward in a given month due to high demand or other factors.

Frequently Asked Questions

What is the difference between a priority date and a final action date?

A priority date is the date the immigration petition was filed. A final action date indicates the earliest priority date for which adjustment of status cases can be filed with USCIS.

However, keep in mind that when there’s a surplus of visas available in a fiscal year, USCIS may designate the “Dates for Filing Visa Applications” chart. This allows you to file your adjustment of status application earlier.

USCIS will state on its website that applicants may instead use the “Dates for Filing” chart for certain Visa Bulletins. Visit the USCIS Visa Bulletin Info page monthly to stay updated on the designated chart for each visa bulletin.

How often is the Visa Bulletin updated?

The Department of State Visa Bulletin is typically released during the first two weeks of each month. If you are filing an adjustment of status with USCIS, also visit the USCIS Visa Bulletin Info page monthly to stay updated on the designated chart for each immigrant visa category.

Can I expedite the processing of my immigration case?

Generally, you cannot expedite the processing of your green card case. In certain circumstances, it may be possible, but this is not guaranteed.

What should I do if my priority date is behind the current priority date?

If your priority date is behind the current priority date, you need to wait until your priority date becomes current. Only then you can apply for adjustment or status or an immigrant visa.

Can I adjust my status to lawful permanent resident while in the United States?

In some cases, it may be possible to adjust your status to lawful permanent resident while in the United States. However, this depends on your specific circumstances and the availability of visas. Contact an experienced immigration lawyer to determine if you can apply for adjustment of status.

Factors Affecting Visa Availability

Several factors can influence the availability of visas, including:

Demand: The number of applicants in each category.
Supply: The number of visas available.
Congressional quotas: The annual number of visas allocated to each country.
Backlogs: The accumulation of cases that have been waiting for a visa number.

Malescu Law can assist

By understanding these Priority Dates and USCIS Visa Bulletin Charts, you can ensure timely filing of your green card application. This also allows you to better assess your eligibility and plan accordingly.

At Malescu Law, our experienced immigration lawyers assist companies and foreign nationals to successfully navigate the green card priority date and visa bulletin based on their immigrant category (family, employment or diversity visa).

We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.

Contact us or schedule a consultation.