Navigating the Visa Bulletin
What is the Visa Bulletin?
Many of our clients ask about how to read the visa bulletin and what is the relationship between the bulletin and their particular cases. Whether you are petitioning for your relatives, or an employee beneficiary sponsored by your employer; whether you are inside the United States on a non-immigrant visa status or outside of the United States waiting to be interviewed, it is important to understand when an immigrant visa is available to you (Form I-485). The Visa Bulletin is the most important resource when we try to answer that question. The Visa Bulletin is a monthly publication by the U.S. Department of State that provides information on visa availability and cut-off dates. The Immigration Act of 1924 limited the number of immigrants allowed entry into the United States through a national origins quota, meaning the number of immigrant visas available in certain categories is limited by law each year based on peoples’ countries of origin and visa categories. In 2025, there will be 226,000 family-sponsored visas and 140,000 employment-sponsored visas available throughout the country. These numbers may seem large, but the demand consistently outweighs the supply.
Country Limits
Where you are from can play a significant role in determining how long you will wait for a green card. Countries such as India and China, with high numbers of applicants, can face far longer backlogs than other countries. This is because federal law limits each country to only seven percent of green cards in any category. Even if you are well-qualified, you might face years of additional waiting merely because you are from a high-demand country.
The Priority Date
Your place in line for a green card is based on your “priority date,” which depends on when you indicated your intent to immigrate to the U.S.
For employment-based applicants going through PERM, the priority date is the date your employer filed the PERM application.
For EB-1 and NIW cases, where there is no PERM process, the priority date is the date in which your I-140 form was filed.
For family-sponsored visas, your priority date is when your relative files your immigrant visa petition.
This priority date is a key factor that determines when you can move forward with your green card application, and can be found on your I-797 form.
Cut-off Dates
The dates on the Visa Bulletin represent cut-off dates. Green card applicants with priority dates prior to the cut-off date can submit their green card applications.
Understanding the Visa Bulletin Forms
The Visa Bulletin consists of two key forms:
Form A (Final Action Dates): This form shows when a visa can actually be issued. If your priority date is on or before the cut-off date listed, your green card application is ready for final approval.
Form B (Dates for Filing): This form shows when you can submit your green card application even if a visa isn’t yet available. If your priority date is on or before the cut-off date, you are allowed to file your application.
How to Use the Visa Bulletin
Find your visa category and country in the table on Form B.
If you are not from China, India, Mexico, or the Philippines, look under the column labeled “All Chargeability Areas Except Those Listed.”
If there is a “C” (for current) or a cut-off that is on or after your priority date in your category on Form B, then you are eligible to apply for your green card!
Consult the Department of Statement’s website to decide whether Form B is available to use.
Let’s take the October 2024 visa bulletin as an example. If client A is of Mexican origin, client A’s spouse is a Permanent Resident, so client A is under the category of F2A. When we looked at the visa bulletin for October 2024, we noticed that F2A under Mexico has a date of March 8, 2021 (cut-off date). If the PR spouse plans to file an immigration petition for Client A, the spouse has to wait about 3.5 years to submit the I-485 application (yet spouse can file I-130 anytime) because from Form A, they are still processing the case from around March 8, 2021.
Conclusion
Understanding the Visa Bulletin can prevent costly mistakes. Immigration is a deeply personal and life-altering process, and every step must be taken with care. The Lu Law Office is available to assist you in navigating the entire process. Our expertise can make a critical difference in reducing delays and keeping your application on track.
