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Home » How the Visa Bulletin Works

How the Visa Bulletin Works

Immediate relatives (spouses, parents and unmarried children under age 21 of U.S. citizens) have an unlimited number of immigrant visas (green cards) available. But most other family-based immigrant visas have a wait. The U.S. Department of State publishes a monthly visa bulletin that lets you know when it’s time to claim your green card. Here's how the visa bulletin works:

U.S. Department of State Visa Bulletin Explained

What is the visa bulletin.

The family-based immigration process starts with a U.S. citizen or permanent resident filing Form I-130, Petition for Alien Relative , on behalf of a foreign family member. Because the number of intending immigrants generally exceeds the available immigrant visas, there is virtually always a wait for family preference categories. In this situation, the Department of State issues immigrant visas (green cards) in a first-come, first-serve manner for each category.

If you are in a family preference category, it’s important to understand that an approved I-130 petition does not mean you may come to the United States. The approved I-130 petition means that USCIS has confirmed you have a qualifying relationship and you’ve established your place in line for a visa. The visa bulletin tells you when the visa is actually available to use.

In fact, it is the priority date that specifies your specific place in line. You have reached the front of the line when your priority date becomes "current." The U.S. Department of State publishes a monthly visa bulletin that lists the priority dates which have become current. In other words, these are the priority dates that now have an immigrant visa available to be claimed. You must review the U.S. Department of State’s visa bulletin to determine if your immigrant petition is current. When an immigrant petition is current, you can apply for a green card.

To read the visa bulletin, you’ll need to know two things:

Determine Your Priority Date

Where do i find my priority date.

The numerical limit for family preference immigrant visas creates a wait list. The beneficiary’s “place in line” is designated with a priority date. The filing date of the I-130 petition becomes the beneficiary's priority date. When USCIS accepts Form I-130, they will also assign a priority date.

Locating your priority date is fairly easy. Review the I-797 Notice of Action (I-130 Receipt Notice) that USCIS mails after they received Form I-130 for processing. Alternatively, you may use the Approval Notice that USCIS sends after approving the petition. The priority date is in the top section of the document. In the example below, a red circle identifies the priority date.

Determine Your Family Preference Category

What are the visa bulletin categories.

Your family preference category is based on your relationship with the petitioner. Different relationships are given different priority for an immigrant visa. If an I-130 petition was filed on your behalf, the petitioner is either a U.S. citizen or permanent resident family member. Determining your family preference category is fairly easy. View the list below to determine your preference category.

Unmarried, adult sons and daughters (age 21 or over) of U.S. citizens

Spouses and unmarried children (under age 21) of permanent residents

Unmarried adult sons and daughters of permanent residents

Married sons and daughters (any age) of U.S. citizens

Brothers and sisters of adult U.S. citizens

If you don't see your relationship type above, you may be an immediate relative . Immediate relatives include the spouse, parent, or unmarried child (under age 21) of U.S. citizens. There is no annual limit on the number of immigrant visas issued to immediate relatives each year. Thus, there is no wait, and they are not included on the visa bulletin. Immediate relatives can move forward with the application.

Read the Visa Bulletin

Which visa bulletin chart do i use.

Once you know your priority date and your preference category, proceed to the U.S. State Department's website to find the monthly visa bulletin. Select the "Current Visa Bulletin." Forward to "Family-Sponsored Preferences" to see a table similar to the sample below. Find your family preference category and compare your priority date to the date listed. If your priority date comes before the date listed, your immigrant visa is current.

Most people can view the column labeled “All Chargeability Areas Except Those Listed.” But if your country of nationality is China, India, Mexico or Philippines, use the respective column for those dates. Now you know how to read the visa bulletin.

A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

The first chart is for “final action dates.” An immigrant visa is actually available if a priority date comes before the date listed in this chart.

Sample Chart for Final Action Dates

B. dates for filing family-sponsored visa applications.

This second chart indicates when the intending immigrant can apply for an immigrant visa. Specifically, the applicant may file an adjustment of status application provided that the applicant’s priority date is before the date listed in the visa bulletin’s filing dates chart. If the intending immigrant will be applying through the consular process, the National Visa Center uses this chart to start the process. (They will notify the intending immigrant when to submit an application for an immigrant visa.)

Sample Chart for Filing Dates

When the priority date is current and the I-130 is approved, beneficiaries may generally proceed with the immigrant visa application. Again, individuals in the United States through a lawful entry may be able to adjust status. If eligible, the beneficiary may initiate the application by filing the adjustment of status application package with USCIS. However, any individual outside the United States will need to apply via consular processing. The National Visa Center will contact the beneficiary when they are ready. Learn how to apply.

Visa Bulletin Examples

Do you have examples of how the visa bulletin works, visa retrogression, why is the visa bulletin not moving.

Sometimes the priority dates on a visa bulletin don't change from the previous month. Worse yet, sometimes the dates can actually move the wrong way. This is called visa retrogression.

Generally, the cut-off dates on the visa bulletin move forward in time. But sometimes they go backwards. Visa retrogression occurs when more people apply for a visa in a particular category or country than there are visas available for that month. Retrogression typically occurs toward the end of the fiscal year as visa issuance approaches the annual category, or per-country limitations. Sometimes a priority date that meets the cut-off date one month will not meet the cut-off date the next month. When the new fiscal year begins on October 1, a new supply of visas is made available and usually, but not always, returns the dates to where they were before retrogression.

Where to Check Visa Bulletin

How do i get monthly updates.

Now that you understand how the visa bulletin works, you'll need to monitor it on a regular basis. The U.S. Department of State publishes a monthly bulletin for employment-based and diversity visa categories as well. Book mark the State Department website below.

My priority date is current. What's the next step?

If your I-130 petition is now current, you may apply for permanent residence (green card) in the United States. There are two basic ways to apply for your green card: consular processing or adjustment of status.

If you are currently outside the United States, the only path for immigrating to the U.S. is consular processing. Consular processing refers to the process of applying for an immigrant visa (green card) through the U.S. embassy or consular office in a foreign country. Consular processing is the most common path to obtain a green card.

In fact, the National Visa Center will contact the petitioner and beneficiary shortly before the visa becomes available. They'll ask you to submit the immigrant fee, apply for the immigrant visa, submit Form I-864 (Affidavit of Support), and attend a medical exam. Once they obtained these additional documents, the NVC can transfer your case to the U.S. embassy or consulate for an interview.

If you are currently inside the United States, you may be able to adjust status. Adjustment of status is the term used to describe a change from nonimmigrant status to permanent residence (green card holder). U.S. immigration law allows nonimmigrants to adjust status if the individual lawfully entered the U.S. and meets certain requirements.

Only a very limited group of people can adjust status. The most common scenarios include immediate relatives, individuals who entered with a K-1 visa and married a U.S. citizen, asylees, refugees, or those who arrived on an employment visa (e.g. H-1B) and the employer sponsored them for a green card. All green card applicants that don’t qualify for adjustment of status must use the consular processing path.

Your immigrant visa will be available to claim for one year. Immigration and Nationality Act (INA) section 203(g) provides that the Secretary of State shall terminate the registration (petition) of any foreign national who fails to apply for an immigrant visa within one year of notice of visa availability. The Department of State may reinstate the petition if, within two years of notice of visa availability, the foreign national establishes that the failure to apply was for reasons beyond the their control. Therefore, if you do not respond to notices from the NVC within one year, you risk termination of your petition under this section of law and would lose the benefits of that petition, such as your priority date.

Form I-130, Petition for Alien Relative

Use Form I-130 (Petition for Alien Relative) to start the immigration process for a family member. Each year, USCIS rejects or denies thousands of I-130 petitions. Rejections and denials delay the process and can cost you money. Therefore, it's important to get it right.

* Data based on USCIS Forms Data and Lockbox Rejection Data .

How CitizenPath Helps You Prepare the I-130 Petition

How do i prepare form i-130.

CitizenPath's affordable, online service makes it easy to prepare Form I-130, Petition for Alien Relative. Designed by immigration lawyers, the Immigrant Visa Petition Package helps you eliminate the common errors that create delays, rejections and even denials. That's because the service alerts you when your answer to a question may be a problem. You'll also get customized filing instructions based on your situation. It's a powerful, do-it-yourself tool that puts you in control. And we've got your back -- CitizenPath provides live customer support and provides a money-back guarantee that USCIS will approve the petition. Get started >>

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How to Read the Visa Bulletin to Find Your Priority Date

In this guide.

• What Is the Visa Bulletin?
• Green Card Backlogs and the Visa Bulletin
• How to Read the Visa Bulletin
• What About Spouses of U.S. Citizens?
• Important Terms in the Visa Bulletin

If you or your family member is a green card holder and you’re planning on applying for a green card, you’ve probably heard about the Visa Bulletin .

The visa bulletin is issued every month by the Department of State . It shows which green card applications can move forward, based on when the I-130 petition that starts the green card process was originally filed. It also lets you estimate how long it will take before you will be able to get your green card, based on how quickly the “line” is moving now. Once your I-130 petition has been filed, you’ll be able to check the visa bulletin and watch your place in line move forward.

Boundless publishes the numbers for the most recent Visa Bulletin here . In addition, Boundless offers premium green card support without the high price tag. Learn more today.

Everything you need to know about this important monthly update is explained below, but here’s the bottom line for family members seeking green cards:

• If you’re the spouse, parent, or unmarried child (under age 21) of a U.S. citizen, you don’t even need to read the visa bulletin—there’s no green card backlog or wait time for you!
• If you’re the spouse or unmarried child (under age 21) of a U.S. green card holder, you’ll have to wait extra 12-18 months for your green card to become available.
• If you’re in a different category, your green card wait time may vary — from years to decades.
• Boundless publishes the most recent wait times here .

For more details about family-based immigration, see our guide on Marriage-Based Green Cards.

Boundless helps you build a tailored visa plan for every step of the process, from forms to your immigration interview.

The visa bulletin exists because Congress caps the number of green cards that can be issued each year. The number of people who are seeking green cards has consistently exceeded this annual limit, creating a backlog—in fact, several backlogs.

There are currently 366,000 green cards available annually, but that total is broken down into a complex category system, with a specific quota for each category. The two broadest categories are family-based green cards (226,000), which include marriage-based green cards , and employment-based green cards (140,000).

In addition to setting an overall limit on the number of green cards that can be issued per year, Congress also limits the number of available green cards based on country of origin. Under this annual “country cap,” no single country of origin can account for more than 7% of the green cards in any particular category.

That’s no big deal for a country like, say, Belgium (population 11 million)—in fact, no European or African countries generate enough green card demand to bump up against the country cap. But there are substantial backlogs facing the many green card seekers from China (population 1.4 billion), India (population 1.3 billion), Mexico (population 129 million), and the Philippines (population 105 million).

The caps on family-based green cards are broken down into four primary “preference categories”.

F1 (first preference) : Unmarried adults (age 21 and over) who are children of U.S. citizens. The cap for this category is 23,400 green cards per year.

F2 (second preference): Spouses and unmarried children of green card holders. The overall cap for this category is 114,200 green cards per year, but it’s split into two sub-categories:

• F2A : Spouses and unmarried minor children (under age 21) of green card holders. If you are a green card holder who has applied for a green card for your spouse, this is the category you’ll need to watch when you check the visa bulletin. 77% of the second category quota goes towards this F2A sub-category (that’s 87,934 green cards per year).
• F2B : Unmarried adult children (age 21 and over) of green card holders. 23% of the second category quota goes towards this F2B sub-category (that’s 26,266 green cards per year).

F3 (third preference): Married children of U.S. citizens, regardless of age. The cap for this category is 23,400 green cards per year.

F4 (fourth preference): Brothers and sisters of U.S. citizens. The cap for this category is 65,000 green cards per year.

What Makes the F2A Category Special?

Important f2a update (march 24, 2023):.

The April 2023 Visa Bulletin saw a significant change to the F-2A family-based category (Spouses and Unmarried Children (Under Age 21) of U.S. Green Card Holders). Due to a growing backlog of cases in this category, the “Final Action Dates” for F-2A applications are no longer “current” for the first time in several years. However, the “Dates for Filing” have remained current for the F-2A category, meaning spouses and unmarried children of U.S. green card holders can still file their green card applications for now. This is likely to increase wait times for green cards under the F-2A category. Boundless will continue to track this closely — stay tuned for future updates on our monthly Visa Bulletin report .

If you look at the visa bulletin, you’ll notice that the wait for a green card is much shorter for the F2A category than it is for any other family-based preference category. That is good news if you’re the spouse of a U.S. green card holder!

There are two reasons that this category moves the fastest. First of all, it has the largest quota, at 87,934 green cards. In addition, 75% of the green cards within the F2A category are exempt from that country cap described above. So the country of origin for a spouse seeking a green card is much less important than for a green card applicant in another category.

There is no cap on the number of green cards available for immediate relatives of U.S. citizens, defined as spouses, parents, and unmarried minor children (under age 21). Since there is no annual limit, there is no backlog, no line to wait in, and nothing to see in the visa bulletin. Spouses of U.S. citizens can apply for a green card as soon as their I-130 petition is approved.

Important Terms in the Visa Bulletin

• Priority date: This is the date that U.S. Citizenship and Immigration Services (USCIS) received your I-130 petition. Think of this date as your place in the green card line. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition.
• Current : In the context of the visa bulletin, “current” means no backlog and no wait time for a green card. A particular priority date becomes “current” once it reaches the front of the line and a green card is available. Or an entire preference category can be “current” if there’s no backlog and no wait time within that category.
• Chargeability area : This is the green card applicant’s country of birth. (Remember the country cap? Your own green card will be “charged” toward the annual quota of green cards available to citizens of your country of birth.)
• Immediate relative : A spouse, parent, or child (under age 21) of a U.S. citizen.
• Cut-off date : The dates you see on the visa bulletin tables are called “cut-off dates.” Think of this date as the front of the green card line. Green card applicants with priority dates prior to the cut-off date can submit their green card applications. Green card applicants with priority dates after the cut-off date have to keep waiting.

Section A: Final Action Dates

The “final action dates” chart shows which priority dates have reached the front of the line. These green card applications are ready for approval right now.

Section B: Dates For Filing

The “dates for filing” chart shows which green card applicants who are living outside of the United States should go ahead and submit their application with the National Visa Center (NVC) —even though a green card is not ready just yet. The cut-off dates in the “dates for filing” chart are slightly later (1-10 months) than those in the “final action dates” chart, which allows green card applicants to file their applications that much sooner.

The “dates for filing” chart is primarily directed at people who will be applying for a green card from outside the United States, but USCIS publishes a page called “ when to file your adjustment of status application ” every month that indicates whether green card applicants living in the United States can submit their green card application based on the visa bulletin’s “dates for filing” chart or whether they need to wait to meet the dates in the “final action dates” chart.

Why Do These Different Dates Matter?

For green card applicants living outside the United States, the “dates for filing” chart allows you to get an early start on assembling and submitting all the required documents to the National Visa Center (NVC). This sets the ball rolling, and ensures that the NVC has everything ready once your priority date appears in the “final action dates” chart and a green card is available to you.

For green card applicants living in the United States, the “dates for filing” chart opens the door to additional benefits. That’s because when filing a green card application with USCIS (technically an I-485 form for “adjustment of status”), you can simultaneously apply for a work permit (employment authorization document) and travel permit (advance parole document). For applicants who intend to work in the United States or travel outside the United States while waiting for their green card applications to be processed, these additional benefits can be invaluable.

Country-Specific Columns

You’ll notice that the visa bulletin has separate columns for China , India , Mexico , and the Philippines . The wait time for a green card is often longer—and sometimes much longer—for citizens of these four countries, because their annual demand for green cards exceeds the 7% “country cap” described above. This means that practically speaking, there are separate backlogs and green card lines for each of these four countries, which also vary by green card category.

Remember, however, that the F2A category is special? You’ll notice that the wait for a green card for spouses of U.S. green card holders is generally about the same regardless of the country of origin, because most green card applications in this category are exempt from the country cap. That means spouses from China, India, Mexico, and the Philippines only have to wait a few extra weeks (if at all) for their green cards—compared with years or even more than a decade for other relatives from these countries.

What is Retrogression?

Usually the visa bulletin’s cut-off dates move forward over time, pushing green card seekers ahead in line…but not always. When there are more applications for a green card category in a given month than USCIS or the State Department was expecting, the cut-off dates for the subsequent month might move backwards. This is called a “visa retrogression,” and it’s most common around September (the end of the government’s fiscal year).

Sometimes the visa bulletin will provide advance warning of an upcoming retrogression, giving green card applicants some time to prepare. But sometimes the visa bulletin announces a completely unexpected visa retrogression, which is an unpleasant surprise for applicants who were expecting to move forward in line, not backward. That’s why it is a good idea to prepare all the documents needed for your green card application ahead of time, and be ready to file as quickly as possible once the visa bulletin shows that a green card is available to you. By failing to file in a month when a green card is available, you risk facing a surprise retrogression in the next visa bulletin, which would close your window of opportunity for filing a green card application.

If you’ve already filed your green card application and there’s a visa retrogression, USCIS or the State Department will hold your application until you get back to the front of the line. You don’t need to do anything other than ensure that your contact information is up to date.

If you haven’t yet filed your green card application and there’s a visa retrogression, the result is the same—you’ll have to wait until you get back to the front of the line before filing. (Or, to use the visa bulletin’s terms, until your priority date becomes current again.)

Want to learn more about what’s happening with green card backlogs and wait times? Every month, Boundless releases visa bulletin explainers that demystify this process and show trends over time.

The final action dates in the visa bulletin are cutoff dates that determine whether an individual can proceed with their immigrant visa or adjustment of status application. If an individual’s priority date is earlier than the final action date for their category, they can move forward with their application. If their priority date is later, they must wait until it becomes current before proceeding. The final action dates are determined based on visa availability and can change monthly.

The priority date is the date when the petition for an immigrant visa or adjustment of status is filed with the USCIS. It serves as a person’s place in line for visa availability. The priority date is crucial because it is used to determine when an individual can proceed with their application based on the final action dates listed in the Visa Bulletin. An earlier priority date generally gives an individual a better chance of advancing in the immigration process.

The Visa Bulletin is organized into two main sections: family-sponsored preferences and employment-based preferences. Each section contains different categories and chargeability areas (countries). The Visa Bulletin includes charts that show the final action dates, which determine visa availability, as well as charts for filing dates, which indicate when individuals may start the application process but not necessarily proceed to the final stages. The Visa Bulletin also provides other relevant information, such as visa number usage and any changes or updates to the visa availability.

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The Monthly Visa Bulletin: What It Is and How to Read It

The U.S. Department of State publishes a Visa Bulletin in the middle of each month that contains information related to current immigrant visa availability (i.e., ability to apply for the final step of the Permanent Residency process – either Adjustment of Status of Consular Immigration Visa Processing) for the following month. The Visa Bulletin indicates when statutorily limited immigrant visas are available to prospective immigrants based on their individual priority dates. In employment-based cases, an individual’s priority date may be either the date on which a PERM Labor Certification Application or Form I-140, Immigrant Petition is filed, depending on the employment-based preference category. An individual’s employment-based preference category is determined primarily by the minimum requirements of the offered, permanent position and/or the individual’s educational and employment background.

Final Action vs. Filing Dates

Each month’s Visa Bulletin includes two employment-based charts – one labeled as “Final Action Dates” and one as “Dates for Filing.” Generally speaking, an applicant’s Priority Date must be before the cut-off date listed for the applicant’s preference category and Chargeability Area (country of birth) in the “Final Action Dates” chart in order for Form I-485 Application for Adjustment of Status to be accepted by U.S. Citizenship and Immigration Services (USCIS) or for an Immigrant Visa to be issued. In the case of preference categories and chargeability areas with comparably lower demand, the chart often reads as “Current,” meaning there is no priority date-based cut-off in that category. While USCIS has recently been accepting applications that fall before the cut-off of the “Dates for Filing” chart, this is subject to change.

Despite informed estimates, Visa Bulletin movements can be unpredictable. It is critical for clients to file their applications to adjust status or to respond to National Visa Center letters regarding Immigrant Visa appointments as soon as they are eligible to do so.

The Immigration and Nationality team at Stevens & Lee closely monitors and reports on movements and predictions related to the monthly Visa Bulletin. Please contact us if you have any questions specific to your own Permanent Residency Application or how the Visa Bulletin may affect your business.

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How To Read the U.S. Visa Bulletin

Many green card applicants will have to wait for an immigrant visa to become available before they can file their green card applications with the U.S. government. The visa bulletin is a monthly update that the U.S. government provides to keep green card applicants who have to wait for visas informed about whether the time is right to submit their green card applications. In this article, we explain in more detail what the visa bulletin is and how green card caps come to play, how to read the visa bulletin, and what visa retrogressions are.

Written by Jonathan Petts .  Updated November 22, 2022

What Is the Visa Bulletin?

The U.S. Department of State issues the Visa Bulletin each month. The Visa Bulletin shows you when you may proceed with your green card application based on when you originally filed your  Form I-130 : Petition for Alien Relative. Once you have submitted Form I-130, you’ll be able to check the visa bulletin to figure out the wait time for continuing your green card application.

Spouses, parents, and unmarried children (under the age of 21) of U.S. citizens who are applying for a green card do not have to wait for a visa number to become available. This means you don't need to read the Visa Bulletin if you are in these categories.

Spouses and unmarried children (under the age of 21) of U.S. green cardholders, however, will have to wait 12-18 months for their green card. Applicants from other categories will face varying green card wait times, which can range from years to even decades sometimes. Reading the Visa Bulletin is how you'll know what the current wait time is for your preference category and application type.

Green Card Caps, Backlogs, and the Visa Bulletin

The U.S. government places a limit on the number of green cards and visas issued each year. The Visa Bulletin allows the government to manage its backlog of green card and visa applications for foreign nationals. Each year, the government offers around 366,000 green cards, with quotas for specific applicant categories. Approximately 226,000 green cards go to  family-based green card  applicants and 140,000 go to employment-based green card applicants.

The U.S. government also limits available green cards by country of origin. No country can account for over 7% of all green cards in each category. Applicants from high-population countries such as China, El Salvador, India, Guatemala, Honduras, Mexico, and the Philippines may face significant backlogs in the processing of their green card applications.

How To Read the Visa Bulletin

To read the visa bulletin correctly, you’ll first need to familiarize yourself with some important terms and procedures.

Understanding Important Terms

First, you need to understand what some of the most important Visa Bulletin terms mean:

Priority date: A priority date is the date that U.S. Citizenship and Immigration Services (USCIS) receives your Form I-130. This date may determine your wait time for a green card. USCIS lists your priority date on the Form I-797 they sent you notifying you of USCIS’s approval of your Form I-130 petition.

Current: Your priority date will switch to “current” status when there is no backlog and no wait time for your green card. Your priority date becomes “current” once USCIS has a green card available for you.

Chargeability area: The chargeability area is your country of birth. USCIS uses this information to count your green card toward the quota for your foreign nation.

Immediate relative: An immediate relative is a U.S. citizen’s spouse, parent, or child (under the age of 21). Family-based green card applicants will fall under this category.

Cut-off date: The cut-off date is the boundary on which priority date holders are eligible to begin applying for green cards. If the cut-off date listed is on or after your priority date, you now have eligibility to apply.

Understanding Preference Categories

Next, you’ll need to understand how U.S. Citizenship and Immigration Services (USCIS) organizes green card applications for family-based applicants and identify which category your application falls under. You, your  parent(s) , or your  children  may be pursuing green cards based on a familial connection to a U.S. citizen or permanent resident.

USCIS uses four major preference cases to divide applications: ‍

The F1 (first preference) category: The cap for the F1 category is 23,400 green cards each year. This category applies to unmarried adults (aged 21 and over) who are the children of U.S. citizens

The F2 (second preference) category: The cap for the F2 category is 114,200 green cards each year. This category applies to spouses and unmarried children of U.S. green cardholders. The F2 category has two different subcategories.

The F2A subcategory: The cap for the F2A subcategory is 87,934 green cards each year. This subcategory applies to the spouses and unmarried minor children (under the age of 21) of U.S. green cardholders. The wait time for this category is much shorter than for other family-based preference categories. 75 percent of the green cards in the F2A subcategory are exempt from the country caps.

The F2B subcategory: The cap for the F2B subcategory is 26,266 green cards each year. This subcategory applies to unmarried adult children (aged 21 and over) of U.S. green cardholders.

The F3 (third preference) category: The cap for the F3 category is 23,400 green cards each year. This category applies to married children of U.S. citizens, regardless of their age.

The F4 (fourth preference) category: The cap for the F4 category is 65,000 green cards each year. This category applies to brothers and sisters of U.S. citizens.

Reading Date Charts

Once you have identified your priority date and preference category, you can now move on to read the “dates for filing” chart . This chart will tell you which green card applicants living outside of the United States may now submit their applications with the National Visa Center (NVC), although a green card won’t yet be ready for them. These applicants will be able to work on gathering and submitting all necessary documents for their application earlier. 

Another chart, the “ final action dates” chart , tells you which priority dates are current. Cut-off dates in the dates for filing chart are a bit later (between 1-10 months later) than those in the final action dates chart. The NVC does this so that, if you’re applying from outside the United States, you can focus on assembling your applications in advance. Once your priority date appears in the final action dates chart, the NVC will have all of your materials ready to consider.

U.S. Citizenship and Immigration Services (USCIS) directs the dates for filing chart toward those applying for green cards from outside of the United States through a local U.S. consulate or embassy (consular processing). USCIS also maintains a page on its  website  for green card applicants living in the United States. This page describes whether green card applicants in the United States can submit their applications based on the dates for filing chart on the visa bulletin or whether they must follow the dates listed on their final action dates chart instead.

If you are a green card applicant living in the United States, you can start an  adjustment of status  application through  Form I-485 : Application to Register Permanent Residence or Adjust Status while simultaneously applying for a work permit ( Employment Authorization ) or travel permit ( Advance Parole  document). These benefits can allow you to work in the United States or travel abroad while waiting for your green card application decision.

A Note on Country-Specific Columns

You’ll also see that there are columns for certain countries including China, El Salvador, India, Guatemala, Honduras, Mexico, and the Philippines. You should be aware that, for applicants from these countries, wait times for green cards can take much longer. The annual demand for green cards from these countries always exceeds the official 7% cap from each country, so there can be a lot of backlogs.

If applying from the F2A preference subcategory, however, spouses from China, El Salvador, India, Guatemala, Honduras, Mexico, and the Philippines may only need to wait a few additional weeks to receive their green cards. Most green card applications in the F2A subcategory are exempt from the country cap. Other relatives from these countries may face wait times of years to over a decade depending on their unique circumstances.

What Is a Visa Retrogression?

Typically, cut-off dates for the visa bulletin continue to move forward. But sometimes U.S. Citizenship and Immigration Services (USCIS) and the Department of State get more  green card applications  for certain categories in a month than they had expected. When this happens, the cut-off dates for the next month may move backward. USCIS calls this a “visa retrogression.” Visa retrogressions happen most commonly in September, which is the end of the government’s fiscal year. Visa retrogressions can come either with an advance warning or unexpectedly.

Since visa retrogressions may happen at any time, you should be prepared to file your green card application as soon as the bulletin says a green card is available for you. If you don’t file your application during a month when a green card is available for you, you may face a retrogression in the next month and have to wait even longer to complete your application.

If you have already filed your application and USCIS announces a visa retrogression, they will hold your application until they can next review it at their earliest convenience. Make sure to keep your contact information, such as your address , up to date with USCIS.

If you have not yet filed your green card application and USCIS announces a visa retrogression, you’ll need to wait until your priority date becomes current to continue filing your application.

Continue reading and learning!

May 2024 Visa Bulletin Shows No Advancement in Final Action Dates for EB-1, EB-2, and EB-3 Categories

The U.S. Department of State recently released the May 2024 Visa Bulletin. The bulletin does not show any movement from last month for most employment-based preference categories.

• The EB-1, EB-2, and EB-3 final action dates will remain unchanged for all countries of chargeability.
• USCIS has confirmed it will accept employment-based adjustment of status applications based on the final action dates chart for the May 2024 Visa Bulletin.
• The EB-4 Certain Religious Workers category is extended until September 29, 2024.

The May 2024 Visa Bulletin does not show any advancement in final action dates and dates of filing for all countries of chargeability in the EB-2 and EB-3 categories. EB-1 remains current for Mexico, the Philippines, and all other chargeability areas. It also remains unchanged for China (September 1, 2022) and India (March 1, 2021) in the EB-1 category.

On March 23, 2024, Congress extended the Employment Fourth Preference Certain Religious Workers category until September 30, 2024. The priority date for EB-4 Certain Religious Workers category changes from “Unavailable” to November 1, 2020, in the May 2024 Visa Bulletin for all countries of chargeability, including China, India, Mexico and the Philippines. All visas issued prior to September 29, 2024, will be valid only until September 29, 2024.

U.S. Citizenship and Immigration Services (USCIS) has confirmed it will accept employment-based adjustment of status applications based on the final action dates chart for the April 2024 Visa Bulletin.

The U.S. Department of State’s May 2024 Visa Bulletin’s final action dates chart for employment-based categories is shown below.

Consistent with USCIS’s Employment-Based Adjustment of Status FAQs , which notes that “it is not reasonable to advance the dates in the Visa Bulletin” in order to accept substantial additional filings in fiscal year (FY) 2024, the May 2024 Visa Bulletin continues the trend thus far in FY 2024 of showing little to no movement across most employment-based categories .

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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The Visa Bulletin

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Laws & Regulations

Accepting, Serving in, or Performing Duties of a Position with the Government of a Foreign State - Immigration and Nationality Act (INA) Sectioin 349(a)(4)

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Visa Bulletin For April 2024

Number 88 Volume X Washington, D.C

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A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during April  for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at  www.uscis.gov/visabulletininfo , individuals seeking to file applications for adjustment of status with USCIS must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. 

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by March 4th . If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.

2.  The fiscal year 2024 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality Act (INA) is 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

3.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa issuances will exceed the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES. 

4.  Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows: 

FAMILY-SPONSORED PREFERENCES

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

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. ( F2A ) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. ( 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, plus any numbers not required by first and second preferences.

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

A.   FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

For April, F2A numbers  EXEMPT from per-country limit  are authorized for issuance to applicants from all countries with priority dates  earlier  than 15AUG20. F2A numbers  SUBJECT to per-country limit  are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO , with priority dates beginning 15AUG20 and earlier than 08SEP20. All F2A numbers provided for MEXICO are exempt from the per-country limit.

B.  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: 

EMPLOYMENT-BASED PREFERENCES

First :  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second :  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third :  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

Fourth :  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth :  Employment Creation:  7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.

A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. For Fiscal Year 2024 this reduction will be limited to approximately 150.

B.  DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. 

B .   DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF APRIL

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years.  The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program.  Visa numbers made available to NACARA applicants in FY 2023 will result in reduction of the DV-2024 annual limit to approximately 54,850.  Section 5104 of the National Defense Authorization Act (NDAA) for Fiscal Year 2024 amended the NACARA’s provisions on the Diversity Visa program such that the number of visas made available under the NDAA will be deducted from the 55,000 DVs annually allocated.  These amendments will not impact the number of diversity visas available until FY 2025.  DVs are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For April , immigrant numbers in the DV category are available to qualified DV-2024 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers  BELOW  the specified allocation cut-off number:

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2024 program ends as of September 30, 2024. DV visas may not be issued to DV-2024 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2024 principals are only entitled to derivative DV status until September 30, 2024. DV visa availability through the very end of FY-2024 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C.   THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN MAY

For May , immigrant numbers in the DV category are available to qualified DV-2024 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers  BELOW  the specified allocation cut-off number:

D.   SCHEDULED EXPIRATION OF THE EMPLOYMENT FOURTH PREFERENCE RELIGIOUS WORKERS (SR) CATEGORY

Pursuant to H.R. 7463, signed on March 1, 2024, the non-minister special immigrant program expires on March 22, 2024.  No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight March 21, 2024.  Visas issued prior to that date will be valid only until March 21, 2024, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat admitted) into the United States no later than midnight March 21, 2024. 

The SR category is listed as “Unavailable” for all countries for April.  In the event there is legislative action extending the category, it is likely it will become available effective immediately. If extended, the category will be subject to the same final action dates as the listed Employment-Based Fourth Preference categories per applicable foreign state of chargeability.

E.   VISA AVAILABILITY IN THE COMING MONTHS

FAMILY-sponsored categories (potential movement):

Worldwide dates:

F1: Up to three months F2A (excluding Mexico): Up to six months F2B: Up to ten weeks F3: Several months F4: Up to four weeks 

F1: Up to four months F2A: Up to three months F2B: Several months F3: Up to six months F4: Up to three months

Philippines:

F3: Several months F4: Several months

EMPLOYMENT-based categories: Very little to no forward movement is expected in the coming months since the final action dates for many categories advanced for April 2024.

The above final action date projections for the Family and Employment categories indicate what is likely to happen throughout Quarter Three and Quarter Four of FY24.  Readers should never assume that recent trends in final action date movements are guaranteed for the future, or that retrogressions will not be required at some point to maintain number use within the applicable annual limits.  The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and other variables.  

F.   U.S. GOVERNMENT EMPLOYEE SPECIAL IMMIGRANT VISAS (SIVs)

The National Defense Authorization Act (NDAA) for Fiscal Year 2024, signed into law on December 22, 2023, may affect certain current and former employees of the U.S. Government abroad applying for SIVs or adjustment of status, as described in section 101(a)(27)(D) of the INA.  This does not affect certain Iraqis and Afghans applying for SQ and SI SIVs.  Applicants should contact the consular section at which they filed their Form DS‑1884 for further information on the impact of that law on their case.

G.   FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV

Department of State Publication 9514

CA/VO: March 4, 2024

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Britain’s Prince Harry formally confirms he is now a US resident

FILE - Britain’s Prince Harry, the Duke of Sussex, waves during the Formula One U.S. Grand Prix auto race at Circuit of the Americas, on Oct. 22, 2023, in Austin, Texas. Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed his is now a U.S. resident. Four years after Harry and his American wife, Meghan, decamped to a villa on the Southern California coast, a travel company he controls filed paperwork informing British authorities that he has moved and is now “usually resident” in the United States. (AP Photo/Nick Didlick, File)

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LONDON (AP) — Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.

Four years after Harry and his American wife, Meghan, the Duchess of Sussex, decamped to a villa in Southern California, a travel company he controls filed paperwork this week informing British authorities that he has moved and is now “usually resident” in the United States.

The formal acknowledgment underscores the prince’s increasing estrangement from Britain, after he and Meghan walked away from royal duties to pursue lucrative media deals in America. Since then, Harry has repeatedly criticized the royal family, including allegations of unconscious racism that were included in a Netflix series and the prince’s autobiography, “Spare.”

The paperwork was filed by Travalyst Ltd, a company at least 75% owned by Harry and which was founded in 2020 to “to promote global awareness of the importance of sustainable tourism.” The documentation was received Monday by Companies House, the government agency that oversees the incorporation of U.K. companies.

The filing further separates Harry from his role as one of the king’s counselors of state — members of the royal family who can be deputized to carry out the duties of the monarch if he is unwell or out of the country.

While Harry formally remains a counselor of state, the crown informed Parliament in 2022 that “in practice” only working members of the royal family would be called upon to fill in for the monarch.

Although Harry and Meghan, also known as the Duke and Duchess of Sussex, have put down roots in the wealthy enclave of Montecito, where they are raising their young son and daughter, Harry is also facing scrutiny about his U.S. residency.

The Heritage Foundation, a conservative think tank, has questioned the Department of Homeland Security’s decision to grant Harry a U.S. visa following admissions of drug use that were included in “Spare.”

The foundation, which has asked a judge to force the department to release Harry’s immigration file, argues that the prince either lied on his visa application or was given special treatment because a history of drug use would normally disqualify an applicant from being granted a visa.