Priority Dates and Visa Bulletin

1. What is the difference between a priority date and the visa bulletin?


A priority date is the date when a visa petitioner, such as an employer or family member, files an immigration petition with the U.S. Citizenship and Immigration Services (USCIS). The priority date determines when the beneficiary of the petition may be eligible to apply for an immigrant visa or adjustment of status. The visa bulletin is a monthly publication of the Department of State that lists cut-off dates for visa numbers in different immigrant preference categories. The cutoff dates indicate when USCIS may begin to accept applications for adjustment of status or issue visas to foreign nationals who are qualified to receive them. The priority date must be before or in the same month as the cut-off date listed in the visa bulletin in order for a beneficiary to be eligible to apply.

2. How do I check my priority date?


You can check your priority date by visiting the U.S. Department of State’s Visa Bulletin website. The Visa Bulletin provides the most up-to-date information on when an immigrant’s priority date is current and when a visa number is available for their category. You can also contact an immigration attorney or the National Visa Center (NVC) to find out your priority date.

3. How do I find out when the next visa bulletin is issued?


The Department of State’s website (travel.state.gov) posts the most current Visa Bulletin information as soon as it is available. Additionally, the Department of State sends out a notification email to those who have subscribed to the Visa Bulletin email list.

4. How does the visa bulletin affect my immigration application?


The visa bulletin is a monthly publication of the U.S. Department of State that indicates the availability of immigrant visas, both family-sponsored and employment-based. Each month, the bulletin is updated to reflect the availability of immigrant visa numbers for all categories, including family-sponsored and employment-based. A person’s place in the visa line is based on the date the petition was filed, so if a person’s priority date is earlier than the date listed in the visa bulletin for their category and nationality, then their application can move forward. If a person’s priority date is behind the date listed in the visa bulletin for their category and nationality, then they will need to wait until more visa numbers become available. Information in the visa bulletin can also affect a person’s ability to adjust status within the United States if they are not eligible for adjustment of status due to certain grounds of inadmissibility.

5. What is a visa oversubscription and how does it affect my priority date?


A visa oversubscription is when there are more visa applicants than there are available visas for a certain category or country in a particular year. This can affect an individual’s priority date because if the numbers for the category or country are oversubscribed, then those with earlier priority dates will be able to file for their visa before those with later priority dates. This means that individuals with later priority dates may have to wait a longer time for their visa to be approved.

6. What are the different types of visa categories available in the visa bulletin?


The different types of visa categories available in the visa bulletin are:

1. Family-Sponsored (F1, F2A, F2B, F3)
2. Employment-Based (EB1, EB2, EB3)
3. Diversity (DV)
4. Refugee/Asylum (RA)
5. Special Immigrant (SI)
6. Other Visa Categories (OT)

7. How can I use the visa bulletin to help me determine when it is best to file my immigration application?


The visa bulletin can provide you with the most up-to-date information on when the U.S. Department of State is currently accepting and processing applications for different types of visas. The visa bulletin is a good resource to check before filing your application, as it will indicate which dates you are eligible to apply based on your current priority date. You should also use the visa bulletin to monitor the progress of your priority date. If your priority date advances enough, you may be eligible to apply for permanent residence or other immigration benefits.

8. What is the cutoff date in the visa bulletin and how does it change?


The cutoff date in the visa bulletin is the date when the Department of State determines that a visa number is available for an applicant in a specific category. It changes periodically as the demand for visas fluctuates.

9. What is the relationship between priority dates and retrogression?


Priority dates and retrogression are related in that when an immigrant’s priority date is subject to retrogression, their application may be delayed due to a lack of available visas. When retrogression is in effect, earlier priority dates will take priority over later priority dates. In this case, individuals with later priority dates may experience further delays in their immigration process.

10. What documents are required for filing an immigration application based on a priority date?


The documents required to file an immigration application based on a priority date vary depending on the type of petition being filed. Generally, however, the following documents are necessary: the alien’s birth certificate, a valid passport, evidence of current U.S. residency, a medical exam report, and any relevant documents related to the petitioner’s employment history. Additionally, some petitions require additional evidence such as proof of marriage or proof of financial support.

11. How often does the visa bulletin get updated each month?


The visa bulletin is typically updated on the second Tuesday of every month.

12. Is there a way to calculate which dates are current in the visa bulletin?


Yes, the U.S. Department of State’s Visa Bulletin provides the most up-to-date information on visa availability. It is updated monthly and can be found on their website. Additionally, you can use the U.S. Department of State’s Visa Bulletin Calculator to determine the current visa availability.

13. What is an advance parole document and how does it relate to priority dates?


An advance parole document is a travel document that allows a non-U.S. citizen with an approved I-131 application to travel outside the U.S. while their visa is pending. An advance parole document can be used to preserve a priority date for an immigrant visa application. For example, if a visa applicant has an approved petition and wants to leave the U.S. before their priority date is current, they can apply for an advance parole document so they can preserve their priority date while they are abroad.

14. How long can a priority date remain valid?


A priority date can remain valid indefinitely.

15. What is the difference between a cut-off date and a final action date in the visa bulletin?


A cut-off date is the date that the US Department of State uses to determine which applicants eligible to receive a visa. The cut-off date is determined by the demand for visas and helps keep the number of visas issued consistent. A final action date is the date when the US Department of State will make a final determination on visa applications. This date is the most up-to-date version of the visa bulletin, which is published monthly and is based on available visas.

16. Is there a way to estimate how long it might take for a family-sponsored immigrant to receive their green card based on their priority date?


Yes, there are several ways to estimate how long it might take for a family-sponsored immigrant to receive their green card based on their priority date. The Department of State publishes a monthly Visa Bulletin, which provides the current visa availability for each family-sponsored preference category and a cutoff date for each country. This cutoff date is the priority date that must be met in order for an individual to be eligible to receive an immigrant visa or adjustment of status. Additionally, the USCIS website has a Visa Availability and Priority Dates tool that can be used to see how long it might take for an immigrant to receive a green card based on their priority date and country of chargeability. Finally, the American Immigration Lawyer Association (AILA) National Tracker also provides information on wait times for green card applications based on priority dates.

17. Is there any way to expedite or accelerate my priority date based on special circumstances?


No, the priority date is determined by the date that you filed your application. There is no way to expedite the priority date.

18. Can I receive a work permit while waiting for my priority date to become current in the visa bulletin?


No, unfortunately you can not. A work permit can only be obtained after a priority date is current in the visa bulletin.

19. Does the visa bulletin also apply to spouses of US citizens who are applying for a green card through marriage?


Yes, the visa bulletin applies to spouses of US citizens who are applying for a green card through marriage.

20. How do I find out if any changes have been made to the visa bulletin after it has been released?


You can find out if any changes have been made to the visa bulletin after it has been released by subscribing to the Visa Bulletin email list. You will be notified of any updates via email. Additionally, the Department of State regularly updates the Visa Bulletin page on their website so you can check for updates there as well.