How to Use the Visa Bulletin

The visa bulletin is a chart that is published monthly by the State Department to let the public know when “immigrant visas” (or “green cards”) are available for certain categories of green card applicants. These categories of green card applicants are known as the “preference categories.” 

There are both employment-based and family-based preference categories. Preference categories are defined by the fact that the law allocates a limited number of green cards to these categories annually.

From our team of Pelton + Balducci immigration attorneys here in Louisiana, here’s what to know about the visa bulletin and how to use it for your immigration journey.

There is a limit to the number of family-based and employment-based green cards the government can issue each year. These limits apply to beneficiaries of “immigrant” (or “green card”) petitions that fall within the preference categories. 

Both employment- and family-based green card cases can be very generally divided into a two-step process:

1. First, a “petitioner” (a family member or employer) files a petition on behalf of a “beneficiary” (the foreign national) to establish the required relationship to establish eligibility to apply for permanent residency. Family members must establish a qualifying relationship with the beneficiary, while employers must establish a qualifying employment opportunity for the beneficiary. 
2. If the required relationship is established, then the petition will be approved and the beneficiary can move on to the second step of the process: filing the green card application. In the application, the beneficiary must essentially prove that there is nothing that would disqualify them from green card eligibility. 

Note that the “petition” and the “application” are separate steps.

Family-based petitions are filed on form I-130, while employment-based petitions are filed on form I-140. 

If green cards run out for the preference categories, beneficiaries cannot be issued green cards even if their petitions have been approved. They must wait for green cards to become available, and this wait often lasts years, and in certain instances can even extend into decades. In some instances, discussed below, beneficiaries with an approved petition can apply for the green cards, even if the green cards are not immediately available.

Not all beneficiaries of I-130 petitions are subject to the annual limits on green cards. 

These limits do NOT apply to beneficiaries immigration law defines as “immediate relatives” of U.S. citizens. Immediate relatives include:

1. spouses of U.S. citizens, 
2. unmarried children of U.S. citizens (a “child” is defined as a person under the age of 21 years old); and
3. parents of US citizens who are older than 21 years old.

There is NO limit to the number of green cards that can be issued to immediate relatives.

All other family-based categories and all employment-based categories fall into the “preference categories”, which means that there are legal limits on the number of green cards available to these categories annually.

The quota for the family-sponsored preference categories is limited to 226,000 green cards per year. The quota for the employment-based preference categories is at least 140,000 green cards per year. A new batch of green cards becomes available each fiscal year (i.e., on October 1).

There is a waiting list for green cards in many categories because there are more eligible beneficiaries than visas available.

As noted in the definition of each preference category, the law allocates specific numbers of visas to each category. The law also establishes a limit on the number of visas each country can get. Because of the high demand in certain categories, there may not be green cards currently available in that category. 

Similarly, because of the high demand in certain countries (specifically, China, India, Mexico, and the Philippines), citizens of these countries often must wait longer than citizens of other countries for a green card to become available.

A beneficiary who seeks to get a green card in a family- or employment-based “preference category” cannot get a green card until a green card is available for their category and country.

When a green card is not available to a preference category, we describe that preference category as “oversubscribed.”

There is no way to know with precision when a visa will be available in one’s category. The best that we can do is approximate the wait times based on the priority date listed for our preference category and country of chargeability. Priority dates are discussed below.

Still, having some idea of how long you will have to wait for a green card in your preference category is critical to helping you plan your path to permanent residency. If you are in the United States and wish to remain here, you will need to find a way to preserve lawful status until at you are at least eligible to file your application for adjustment of status. If you are outside the United States, you’ll have an idea how long you will need to wait before you can qualify for a green card. While you wait, there may be other temporary (“nonimmigrant”) visa options for you that can help you accomplish your goals in the U.S.

A preference category beneficiary’s place in the green card line is determined by their “priority date”. The priority date is the date on which a petition (I-130 for family cases and I-140 for employment-based cases) or (in certain employment-based cases) a labor certification is received by the government. 

A green card becomes available to a beneficiary when a beneficiary’s priority date is current. This means that the date on the visa bulletin for that preference category is later than the beneficiary’s priority date. 

If, for example, a beneficiary’s priority date is May 25, 2021 and the visa bulletin lists June 1, 2021 as the priority date for the F2A category, the priority date on the visa bulletin is later than the beneficiary’s priority date. Therefore, a green card is available for this beneficiary and the government may issue the green card, if the beneficiary meets the criteria and has satisfied the application requirements. If, on the other hand, the F2A beneficiary’s priority date is June 1, 2021 or later, then a green card is not yet available for this beneficiary.

Note that there are two charts for family-based and for employment-based categories. These are the “Final Action Dates” chart, and the “Dates for Filing” chart. 

1. Final Action Dates: The “Final Action Dates” chart lists the priority dates that are eligible for “final action” (i.e., issuance of a green card). Again, if the beneficiary’s priority date is before the priority date listed on this chart, the government may issue a green card to this beneficiary (assuming an application has been filed and all other requirements have been met).
2. Dates for Filing: Prior to the Obama Administration, beneficiaries with approved petitions could not file their applications for permanent residency until their final action date was current. The Obama Administration recognized that this created a significant gap between the time at which a green card became available and the time at which the green card was issued. This is because these applications often take months (and in some instances years) to process. Therefore, the Obama Administration created the “Dates for Filing” chart, which often contains later priority dates than the “final action” dates. Beneficiaries whose priority date on the “date for filing” chart is before the priority date on the “final action date” chart may be allowed to apply for their green cards, even though there is not a green card immediately available. This is to allow the immigration agencies to work on the green card application while the final action date advances. The idea is to reduce the wait between the final action date becoming current and the issuance of the green card.

While the State Department will always use the “Dates for Filing” chart to accept immigrant visa applications, USCIS sometimes chooses not to use the “Dates for Filing” chart to accept preference-based “adjustment of status applications” (filed form I-485). “Adjustment of status” refers to the process of applying for permanent residency from within the United States, instead of applying for an “immigrant visa” from the State Department at a U.S. consulate abroad. USCIS’ policy on which date to use is updated on its website and can be verified online.

Being able to file an application for adjustment of status is critically important, since merely having the adjustment of status application pending authorizes an applicant to be in the United States (so long as all other requirements have been met). It also opens the door to ancillary benefits, such as work and travel authorization. Therefore, it is important for an eligible beneficiary in a preference category to file an application for adjustment of status as early as possible.

At Pelton + Balducci, we understand that the path to immigration can be confusing and time-consuming. Our experienced Louisiana immigration attorneys are dedicated to guiding people from all walks of life through this process and to their new home in the U.S.

If you have questions about the visa bulletin, your application, or whether you qualify, we’re here to help. Contact Pelton + Balducci today to schedule your consultation.