The Visa Bulletin
Explained
Understanding Priority Dates, Cut-Off Dates, and Retrogression
The U.S. Government limits the number of Green Cards issued each year by country and category. This guide explains how the Visa Bulletin tracks visa availability, what your Priority Date means, how retrogression works, and how to determine when you can file your Green Card application.
Green Card Numerical Limits
The United States imposes annual caps on the number of Green Cards (Immigrant Visas) it issues, divided by category and country. Understanding these limits is the first step to understanding why wait times exist.
Annual Green Card Caps
The U.S. Government limits the number of Green Cards (Immigrant Visas or visa numbers) it issues each year. These caps are divided between family-based and employment-based categories.
The law further limits how many of these Green Cards can be issued for each country and each subcategory of family- or employment-based immigrants. An exception is made for immediate relatives of U.S. citizens — spouses, unmarried children under age 21, or parents — for whom visa numbers are unlimited and thus immediately available.
Why This Matters
These numerical limitations are why you may have to wait before you can complete the Green Card application process and file your Adjustment of Status (AOS) application or apply for an Immigrant Visa through the National Visa Center (NVC) — even if an I-130 or I-140 immigrant petition on your behalf is already approved.
What Is the Visa Bulletin?
Because demand for visa numbers fluctuates over time, the U.S. Government publishes the Visa Bulletin to track Green Card availability across countries and categories.
The Visa Bulletin
The Visa Bulletin is a monthly publication by the U.S. Department of State that tracks the availability of Green Cards for each country and preference category. It analyzes the demand for visa numbers worldwide, as reported by USCIS and consular officers, and then estimates visa availability and wait times.
Key Points
- The Visa Bulletin tells you when you can file your Adjustment of Status or Immigrant Visa application.
- It also indicates when your case can be approved.
- It is updated monthly by the U.S. Department of State.
Key Visa Bulletin Terminology
The Visa Bulletin uses specific terminology that can be confusing at first glance. This chapter breaks down each key term so you can confidently interpret the charts.
Understanding the Terms
Preference Categories
Both family-based and employment-based applicants are further divided into subcategories. Family-based categories are based on the applicant's relationship with the sponsoring U.S. citizen or permanent resident (e.g., unmarried vs. married adult children, siblings of U.S. citizens). Employment-based categories are based on the type of prospective employment (e.g., multinational executive or manager, a person of extraordinary ability, skilled vs. unskilled worker, professional).
Country of Chargeability
The country to which an immigrant is accredited for purposes of numerical limitations. This is usually the applicant's country of birth.
Priority Date (PD)
Your Priority Date represents your place in line. It is normally the date the I-130 or I-140 petition on your behalf was officially received by USCIS (the "Received Date" on your I-797 Notice of Action). For I-140 petitions based on a Labor Certification (PERM), the Priority Date is the PERM's filing date.
Cut-Off Date
The date printed in the boxes appearing in the Visa Bulletin charts that are not indicated as current ("C"). Your Priority Date must be earlier than this cut-off date for you to be eligible to file or have your case approved.
"C" (Current)
If a category is designated as "C" (current), all applicants in the relevant category may file, regardless of their Priority Date.
Current
When your Priority Date is earlier than the cut-off date in your category's box in the Visa Bulletin, it is considered "current." This means you can file your Green Card application or that your already pending application can be approved.
Retrogression
Sometimes, a Priority Date that is current one month will not be current the next month, or the cut-off date will move backward in time. This is known as visa retrogression. It tends to occur when the annual limit for a category or country has been exhausted or is expected to run out soon, often towards the end of the fiscal year.
What Happens During Retrogression
Typically, with the start of the new fiscal year on October 1, a new supply of visa numbers returns the cut-off dates to where they were before retrogression. However, if at the time of approval your Priority Date no longer meets the cut-off date due to retrogression, your case must be shelved until a visa once again becomes available.
How to Read the Visa Bulletin
Knowing how to read the Visa Bulletin is essential for determining where you stand in the waiting line and when you can take action on your Green Card application.
The Two Charts in the Visa Bulletin
The Visa Bulletin contains two key charts that serve different purposes:
Visa Bulletin Charts
| Chart | Purpose |
|---|---|
| Final Action Dates Chart | Indicates when Green Cards (or Immigrant Visas) may finally be issued. |
| Dates for Filing Chart | Indicates the earliest dates when applicants may apply for a Green Card and when the NVC should notify Immigrant Visa applicants to assemble and submit required documentation. |
When there are more Immigrant Visas available for the fiscal year than there are known applicants, you can use the "Dates for Filing" chart to determine when to file Form I-485 for Adjustment of Status (AOS) with USCIS. Otherwise, you must use the "Final Action Dates" chart. To find out which chart to use, check USCIS's Adjustment of Status Filing Charts from the Visa Bulletin webpage, which is updated regularly.
Steps to Determine Your Place in Line
Step 1: Find Your Priority Date
Locate your Priority Date on Form I-797 Notice of Action for the petition filed on your behalf.
Step 2: Find Your Visa Category
Find your visa category in the first column of the appropriate chart (family-based or employment-based).
Step 3: Find the Cut-Off Date for Your Country
Stay in that row and move directly to the right to find the corresponding date under the country of your birth.
Step 4: Determine If You Can File
If the date on the chart is current ("C"), or your Priority Date is earlier than the cut-off date on the chart, you may file your AOS application (if otherwise eligible).
Need Help?
Immigration policies and regulations are complex and frequently subject to change. Serotte Law can assist you with the timing of your Green Card application, help you find out whether you qualify for any interim visa solutions for living and working in the U.S., and answer any questions you may have about the process.
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Our experienced immigration attorneys can guide you through every step of the process. Schedule a consultation to discuss your specific situation.
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