What Is Visa Bulletin And How Should I Read It?

If you’re in the process of applying or considering  to apply for a green card, you’ve probably heard of the Visa Bulletin. In this column, we’ll talk about what it is, where and how to access it, and how to interpret the information.

You can find related information on the U.S. State Department’s website, specifically on the Visa Bulletin Board. It helps you determine your eligibility to apply for a green card based on the priority date mentioned in the acceptance notice you receive after submitting your petition, whether it’s an I-130, I-140, or I-360. If you’ve already applied, it provides you with an estimate of the timeframe for receiving your green card by assessing the current pace of processing.

The immigrant visa bulletin is updated on a monthly basis and is released the month before it takes effect. Checking the visa bulletin board in advance, especially when preparing to apply for a green card, allows you to synchronize your green card application with your petition or confirm your eligibility to initiate the green card application process.

Visa bulletins are a result of the U.S. Congress imposing restrictions on the annual issuance of immigrant visas. There are currently 366,000 immigrant visas available each year, with a cap of 226,000 for family-sponsored visas, including marriage-based green cards, and 140,000 for employment-based visas. These overall quotas are further constrained by subcategories. Additionally, the U.S. Congress implements a “country-specific quota,” capping the number of green cards issued based on the applicant’s country of origin. This annual limit ensures no more than 7% of green cards in any category are granted to , applicants from a particular country of origin.

 

Family-sponsored immigrant visas

There is no annual quota for the spouse, parent, or unmarried child (under 21) of a U.S. citizen. You can apply at any time during the petition process without having to wait for a separate green card application.

  • F1 (first priority): Includes unmarried children of U.S. citizens 21 years of age or older, With an annual quota of 23,400 people.
  • F2 (second preference):Covers spouses and unmarried children of permanent residents. This category has a total quota of 114,200 people per year, further divided into two subcategories.
  • F2A:Includes spouses and unmarried minor children (under 21) of a permanent resident, with an annual quota is 87,934, constituting 77% of the total second preference quota..
  • F2B:Includes unmarried adult children (age 21 or older) of green card holders, with an annual quota of 26,266 immigrant visas, comprising  23% of the total second preference quota.
  • F3 (3rd priority):Includes married children of U.S. citizens, regardless of age, with an annual quota of 23,400 people.
  • F4 (4th):Pertains to siblings of U.S. citizens, limited to 65,000 users per year.

Exceptions exist, where surplus quota from one category may be allocated to others facing high demand. However, family-based immigration quotas have been exhausted across all levels, leaving no remaining quotas. Employment immigrant visa

  • EB-1 (1st preference):reserved for world-renowned specialists and executive-level employees of international companies, accounting for 28.6% (40,040) of all employment-based immigrants
  • EB-2 (2nd preference): Limited to 28.6% (40,040) and caters to master’s degree holders or bachelor’s degree holders with a minimum of 5 years of experience, as well as specialty workers.
  • EB-3 (3rd preference):Allocated 28.6% (40,040) and encompasses foreign nationals with a bachelor’s degree and at least two years of professional or nonprofessional experience,  including nonprofessional unskilled workers. However, non-professional unskilled laborers cannot exceed 10,000.
  • EB-4 (4th preference):Allows only 7.1% (9,940) of all employment-based immigrants and is designated for nonprofit religious workers or special immigrants.
  • EB-5 (5th preference):Limited to 7.1% (9,940) and caters to investment-based immigrants within the total employment-based immigrant allocation..

 

Important Terms in the Immigration Visa Bulletin

  • Priority Date : The common date is when the petition was filed with USCIS, except for the PERM category in employment-based immigrant visas, where it is the date of labor certification application with the Department of Labor.
  • “C” :Current, signifying the present. This indicates that there is no waiting period for applying for an immigrant visa. If marked as current, you can apply for an immigrant visa immediately, irrespective of your priority date.
  • Cut-off Date : This is the date that appears on the bulletin board, and if your priority date precedes this, you can submit your permanent residence application. If after, you must wait until the priority date reaches the cut-off date.
  • Chargeability area:The country of origin of the applicant applying for permanent residence. For countries other than China, India, Mexico, and the Philippines, refer to All Chargeability Areas.
  • Final Action Date:The date shown in this chart is the current priority date for final action.
  • Dates for Filing:The dates shown in this chart are priority dates for applicants outside the United States who must file their applications for U.S. immigrant visas with the National Visa Center (NVC).

 

Applicants residing in the United States and applying for an immigrant visa through adjustment of status should refer to the “When to File an Application for Adjustment of Status” page published by USCIS with the questionnaire. Each month, USCIS announces whether it will reference to the “Dates for Filing” chart or the “Final Action Date” chart in the Visa Bulletin to guide when to submit an adjustment of status application.

 

Retracting and freezing of visa doors

Typically, the cutoff date for visa doors progresses forward, but exceptions exist. If the number of applications surpasses expectations in a particular month, the cutoff date for the following month may either be moved backward, known as “retreating,” or remain unchanged, referred to as “freezing.” If you have questions about green cards and immigration visas, please contact mail@songlawfirm.com.

 

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