Introduction
If you’re going through the U.S. immigration process, chances are you’ve heard of the Visa Bulletin, but you might not be exactly sure what it is or why it matters. Put simply, the Visa Bulletin is a monthly update from the U.S. Department of State that tells you when you can move forward with the final step of your green card application process – either adjustment of status or consular processing. It lays out which immigrant visas are currently available, based on your visa category and country of chargeability (usually your country of birth or, in some cases, your spouse’s or parent’s country). In this post, we’ll break down how the Visa Bulletin works, why it’s so important, and how to read it so you can better plan your next steps.What Is the Visa Bulletin and Why It Matters
U.S. immigration law places annual numerical limits on most preference-based green card categories, as well as per-country limits, which create waiting lists. The Visa Bulletin shows where applicants stand in these queues and whether a visa is currently available to them. The Visa Bulletin is a monthly publication issued by the U.S. Department of State that plays a pivotal role in the immigration process for individuals seeking permanent residence in the United States through family-based or employment-based categories. It outlines when individuals in various visa categories, including both family-based and employment-based, can move forward with the final steps of their permanent residency process, such as submitting their adjustment of status application or scheduling their green card interview. The key to understanding the Visa Bulletin lies in the “priority date.” This is essentially your place in line, usually the date when your immigrant petition (such as an I-130 or I-140) was first filed. Note that immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) are not subject to numerical limits and can proceed without waiting for a current priority date, provided other eligibility criteria are met.Each month, the bulletin lists cutoff dates for different categories and countries. If your priority date is earlier than the date listed for your category, your application is considered “current,” and you are eligible to take the next step in the process. Once your priority date becomes current, the next step is either filing Form I-485 (Application to Register Permanent Residence or Adjust Status) if you’re in the U.S., or completing Form DS-260 (Immigrant Visa Application) through consular processing if you’re outside the U.S. For I-485 filings, check USCIS’s monthly Visa Bulletin page to confirm whether the Dates for Filing or Final Action Dates chart applies.
Why the Visa Bulletin Still Matters After I-130 or I-140 Approval
Getting an I-130 or I-140 petition approved is a major milestone in the green card process, but in some cases it doesn’t mean you can immediately apply for a green card. Approval simply confirms that USCIS recognizes your eligibility for the immigrant visa category. What comes next depends on visa availability, which is governed by the Visa Bulletin. Many applicants, especially those in preference categories or from high-demand countries, must still wait months or even years before they can move forward with the final steps.-
Approval of an I-130 or I-140 does not necessarily mean you can immediately apply for a green card.
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Must track visa availability based on your priority date and preference category.
Green Card Process Overview: Family-Based vs. Employment-Based
- Family-Based: The family-based green card process allows U.S. citizens and lawful permanent residents to sponsor certain relatives for permanent residency. The process typically begins with the filing of Form I-130, Petition for Alien Relative. Once a visa becomes available, applicants either file Form I-485 to adjust status if they are already in the United States, or complete Form DS-260 through consular processing if they are applying from abroad. Preference categories, such as married children of U.S. citizens, siblings of U.S. citizens, or spouses and children of lawful permanent residents, determine how long applicants may wait based on annual visa limits and country of chargeability.
- Employment-Based: The employment-based green card process is designed for foreign nationals who qualify through job offers, extraordinary ability, or national interest. It usually starts with Form I-140, Immigrant Petition for Alien Worker, or in some cases, a PERM labor certification. The process is categorized into preference levels (EB-1, EB-2, EB-3, EB-4 for special immigrants, and EB-5 for investors), each subject to annual caps and per-country limits. Once their priority date is current, applicants proceed by filing Form I-485 if they are in the U.S., or by submitting Form DS-260 for consular processing if they are abroad.
Country-Specific Backlogs: Who’s Affected Most
Due to annual limits not only by visa category but also by country of origin, certain applicants face significantly longer wait times for green cards. Countries with high demand, such as India, China, Mexico, and the Philippines, often experience the most severe backlogs. This is because U.S. immigration law limits the number of green cards issued to nationals of any single country to no more than seven percent of the total annual cap for most preference-based categories. As a result, applicants from these countries may wait several years or even decades for their priority dates to become current, especially in oversubscribed categories like EB-2 and family-based preferences. Understanding these country specific backlogs is crucial for realistic planning and a long-term immigration strategy. Additionally, visa retrogression can occur when demand exceeds supply, causing cutoff dates to move backward and further delay processing for affected applicants.Two Visa Bulletin Charts: Know Which One to Follow
The Visa Bulletin includes two separate charts for both family-based and employment-based immigration: the “Dates for Filing” chart and the “Final Action Dates” chart. Understanding the difference between them is essential because each chart serves a distinct purpose and USCIS may not always use both at the same time. Each month, USCIS announces which chart applicants should refer to when deciding whether they can move forward with their application. Checking the USCIS website for this guidance is a critical step in determining your eligibility to file.- Dates for Filing Chart: The “Dates for Filing” chart shows when you can submit your green card application, even if a visa is not yet available for final approval. This chart is designed to help applicants prepare and get ahead in the process by allowing them to file Form I-485 or begin DS-260 processing in advance of their final action date becoming current. However, this chart can only be used when USCIS explicitly states that it is accepting filings based on these dates for that particular month.
- Final Action Dates Chart: The “Final Action Dates” chart indicates when a green card can actually be issued, either through adjustment of status or consular processing. In other words, this chart determines when USCIS or a consulate can make a final decision on your application. If your priority date is earlier than the date listed on the Final Action Dates chart, and USCIS is using this chart for the month, then your green card application can be approved. This chart reflects true visa availability and is often the more restrictive of the two.
- If you’re in the United States: You’ll need to check USCIS’s monthly visa bulletin page to see which chart they’re using for adjustment of status applicants. USCIS may allow applicants to use the Dates for Filing chart to submit Form I-485, or may require them to follow the Final Action Dates chart, depending on visa availability each month.
- If you’re outside the United States: You’ll generally refer to the Dates for Filing chart to know when to start preparing your application and submitting documents to the National Visa Center (NVC). However, your immigrant visa interview will only be scheduled when your date is current under the Final Action Dates chart, since that chart governs actual visa issuance.
Consider consulting an immigration attorney if you’re unsure about filing, as USCIS’s choice of chart can change monthly, and filing based on the wrong chart may lead to rejection
Conclusion
Navigating the U.S. immigration process requires more than just getting your petition approved – it requires staying informed and understanding how visa availability affects your next steps. The Visa Bulletin is a critical resource that helps you track your place in line based on your priority date, visa category, and country of origin. Whether you are applying through a family-based or employment-based path, knowing how to read the Visa Bulletin, understanding which chart applies to your situation, and being aware of country specific backlogs can help you make informed decisions and avoid unnecessary delays. Visit the U.S. Department of State Visa Bulletin page and the USCIS Visa Bulletin page to check the latest updates and chart guidance. If you are unsure how the Visa Bulletin impacts your case or when you can move forward, reach out to an experienced immigration attorney who can guide you through the process and help you stay on track toward your green card.
