USCIS Visa Bulletin: Understanding Monthly Availability of Immigrant Visas

The USCIS Visa Bulletin, published monthly by the U.S. Department of State (DOS), is a crucial resource for individuals seeking to immigrate to the United States through employment-based or family-sponsored preferences. It essentially determines when an immigrant visa, also known as a green card, becomes available to an applicant. Navigating the Visa Bulletin can be complex, but understanding its key components is essential for planning your immigration journey. The Visa Bulletin outlines the availability of immigrant visas based on preference categories and the applicant’s country of chargeability. The “country of chargeability” is usually the applicant’s country of birth, although exceptions exist, such as when a spouse or parent was born in a different country. The bulletin features two charts for both family-sponsored and employment-based preferences: the “Final Action Dates” chart and the “Dates for Filing Applications” chart. These charts are essential for understanding where you stand in the visa processing queue. The **Final Action Dates chart** indicates when a visa number is actually available. If your priority date (the date your petition was filed) is earlier than the date listed in the Final Action Dates chart for your preference category and country of chargeability, you are considered “current” and eligible to receive a green card, assuming all other requirements are met. USCIS uses this chart to determine when to approve pending adjustment of status applications. The **Dates for Filing Applications chart** represents a cutoff date established by the DOS to manage the overall demand for visas. This chart allows certain applicants whose priority dates are earlier than the dates listed to file their Application to Register Permanent Residence or Adjust Status (Form I-485) with USCIS, even if a visa number is not immediately available. Filing based on this chart does *not* guarantee immediate approval; it simply allows you to start the adjustment of status process while waiting for your priority date to become current on the Final Action Dates chart. USCIS, each month, will announce whether it will accept adjustment of status applications based on the Final Action Dates chart or the Dates for Filing Applications chart. This announcement is typically posted on the USCIS website. It’s crucial to check this announcement each month because USCIS’s choice can significantly impact when you can file your Form I-485. The Visa Bulletin also contains information on visa availability in different preference categories. **Family-sponsored preferences (F1, F2A, F2B, F3, and F4)** are allocated to specific family relationships, like adult children of U.S. citizens or siblings of U.S. citizens. **Employment-based preferences (EB-1, EB-2, EB-3, EB-4, and EB-5)** are based on the applicant’s job skills and qualifications. Each category has its own quota and processing times, and certain countries, such as China and India, often experience longer wait times due to high demand. Visa availability can fluctuate from month to month. This is because the DOS allocates a limited number of visas each fiscal year and must carefully manage the allocation process based on demand. Advancements or retrogressions in the dates can occur based on visa usage and applicant volume. “Advancements” mean the dates move forward, allowing more applicants to become eligible. “Retrogression” means the dates move backward, potentially delaying the processing of pending applications. Staying informed about the Visa Bulletin is essential for anyone pursuing a green card. Regular monitoring and consultation with an experienced immigration attorney can help you understand the process, manage your expectations, and maximize your chances of success. You can find the latest Visa Bulletin on the Department of State website.