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How to Read the Visa Bulletin Priority Dates
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Know When Your Green Card Can Move Forward.
Visa Bulletin priority dates help green card applicants understand when they may be able to move forward with their case. The U.S. Department of State updates the Visa Bulletin each month based on visa category and country of chargeability. This guide explains how to read the Visa Bulletin, compare your priority date with the cutoff dates, and understand the two charts used in the process.
The Visa Bulletin helps manage the number of immigrant visas available in family-sponsored and employment-based preference categories. Your place in line is generally determined by your priority date, while visa availability depends on your immigration category and country of chargeability.
Your priority date is usually listed on the notice for the petition filed on your behalf. How the date is established depends on the type of immigration case. For example, it may be based on when USCIS received an immigrant petition or, in certain employment-based cases, when the Department of Labor accepted a labor certification application.
To read the Visa Bulletin, you generally need to know:
Your priority date: The date that establishes your place in line for an immigrant visa.
Your preference category: The family-sponsored or employment-based category that applies to your case.
Your country of chargeability: This is generally your country of birth and can affect which cutoff date applies.
The Visa Bulletin contains two important charts:
Final Action Dates: These dates indicate when an immigrant visa may be available for final approval.
Dates for Filing: These dates indicate when applicants may be able to submit certain documents or applications before a visa is available for final action.
For adjustment of status cases, USCIS announces which chart applicants should use each month.
To check your place in line:
Cutoff dates can move forward, remain unchanged, or move backward from one month to the next. Checking the Visa Bulletin regularly can help you understand where you stand in the green card process.
In some cases, you may be able to keep an earlier priority date even if your immigration case changes. This is known as priority date retention. Whether you can keep the date depends on the type of petition, what happens to the earlier petition, and the rules that apply to your immigration category.
Priority date retention is particularly relevant in employment-based immigration. Situations that may affect your priority date include:
Changing employers: Moving to a new employer may require a new immigrant petition and, in some cases, a new labor certification. However, an earlier employment-based priority date may sometimes be retained for a later petition.
Filing a new immigrant petition: If a new petition is filed for you, the priority date from an earlier approved petition may carry over in certain circumstances. This is not automatic in every case.
Changing employment-based categories: You may sometimes retain an earlier priority date when moving from one employment-based preference category to another, such as from EB-3 to EB-2, if the applicable requirements are met.
There are exceptions to priority date retention. For example, certain problems with the earlier petition or its approval may prevent you from using that date in a later case.
Because keeping an earlier priority date can significantly affect your place in the immigrant visa line, check which priority date applies whenever your employer, petition, or immigration category changes.
Visa availability does not always move forward at a steady pace. Demand, annual visa limits, and changes in availability can affect how long you wait and when your case can move forward.
A visa category becomes oversubscribed when demand is greater than the number of immigrant visas available. When this happens, the Visa Bulletin establishes cutoff dates to determine which applicants may move forward.
Wait times can vary widely depending on your preference category and country of chargeability. A cutoff date moving forward by one month does not necessarily mean your wait has been reduced by one month. Visa Bulletin movement does not follow a fixed schedule.
Cutoff dates can sometimes move backward. This is known as retrogression and may occur when visa demand is higher than expected or visa availability changes.
If your priority date was current and later becomes subject to retrogression, you may have to wait until a visa becomes available again before final action can be taken on your case. Even if you have already filed an application, final approval may have to wait until your priority date becomes current again.
A priority date is one part of the path toward permanent residence. The time between the initial petition and a green card can vary widely depending on your visa category, country of chargeability, and visa availability.
Visa availability can change while a case is pending. If a cutoff date retrogresses before final approval, the case may have to wait until a visa number becomes available again.
Visa Bulletin rules can become more difficult to navigate when your priority date is close to a cutoff, a date retrogresses, or you are unsure which chart applies to your case. An immigration attorney can help you understand your category, determine when you may be able to take the next step, and avoid filing before you are eligible.
Andrew T. Thomas, Attorneys at Law assists green card applicants throughout Texas with understanding priority dates and the immigration process. You can contact us if you need guidance on your case.
“U” means unauthorized, which indicates that immigrant visas are not available for that category during the month covered by the Visa Bulletin. Applicants generally must wait for visa availability before their cases can move forward under that chart.
No. A current priority date means that visa availability is not preventing your case from moving forward at that time. You must still meet the other eligibility requirements for permanent residence, and USCIS or the consulate must complete its review before your case can be approved.
If you properly filed Form I-485 while eligible to do so and your priority date later retrogresses, USCIS may continue processing parts of your application. However, USCIS generally cannot approve the green card until an immigrant visa becomes available again.
Derivative spouses and children generally use the principal applicant’s priority date when seeking permanent residence through the same immigrant visa petition. However, each family member must still meet the requirements that apply to their own immigration case.
Yes, in certain circumstances. Although chargeability is generally based on your country of birth, immigration law allows some applicants to use a spouse’s or, in limited situations, a parent’s country of birth. This is known as cross-chargeability and may affect which Visa Bulletin cutoff date applies.
