The Visa Bulletin is a monthly update that helps show when a person may be able to take the next step in the green card process. It is important because the U.S. government has a limited number of immigrant visas available each year, and those visas are divided by category and country. The bulletin can change from month to month, so a date that is available now may not be available later.
At Ventresca & Ventresca LLP, we know that immigration updates can feel confusing, especially when legal terms and dates affect important family or employment plans. This guide explains the basic points in clear language.
What Is the Visa Bulletin?
The Visa Bulletin is published by the U.S. Department of State. It helps manage the limited number of green cards, also called immigrant visas, that can be issued each year.
There are limits based on visa category and country. Because of these limits, some people must wait before they can file the final part of a green card case or receive approval. The Visa Bulletin works like a waiting list schedule: it helps show when a person’s place in line is available.
The bulletin includes family-based categories and employment-based categories. It also separates some countries from the general category because visa availability can be different depending on a person’s country of birth.
Start With Your Priority Date
Your priority date
is one of the most important pieces of information in the Visa Bulletin. In many cases, it is the date USCIS received the immigrant petition filed for you, such as Form I-130 or Form I-140.
There is one exception noted in the guidance: if an I-140 petition is based on a labor certification, the priority date is the date the labor certification was filed.
You can usually find your priority date on your Form I-797 approval notice. Keep a copy of that notice and make sure you are looking at the correct date before comparing it with the Visa Bulletin.
How to Compare Your Date With the Chart
To use the Visa Bulletin, first find the correct visa category. Next, find the column for your country of birth. If your country is not listed separately, use the column called “All Chargeability Areas Except Those Listed.”
Then compare your priority date with the date shown in the correct box. The date in the box is called the cutoff date. If your priority date is earlier than the cutoff date, your date may be current for that chart.
For example, if the chart shows a cutoff date of December 1, 2014, a priority date of September 1, 2013 is earlier. That person may be able to move forward, depending on which chart applies and where the person is completing the green card process.
Do not assume that a date in one category or country applies to another. The right category and country column matter.
Know the Difference Between the Two Charts
The Visa Bulletin may include a Dates for Filing
chart and a Final Action Dates
chart. These charts have different purposes.
The Dates for Filing chart may show when a person can begin gathering and submitting required documents to the Department of State’s National Visa Center. For people applying for a green card inside the United States, this chart may also be relevant to filing Form I-485.
However, a person applying through USCIS must have permission from both the Department of State, through the Visa Bulletin, and USCIS, through its Adjustment of Status Filing Chart. If USCIS says the Dates for Filing chart may be used and the priority date is current under that chart, the person may file Form I-485.
The Final Action Dates chart is used for final approval. When a priority date is earlier than the cutoff date on that chart, USCIS may be able to approve a pending Form I-485, or a consulate may be able to issue an immigrant visa.
What Does “Current” Mean?
In simple terms, a priority date is current
when it is earlier than the cutoff date shown in the applicable chart. Sometimes a chart uses the letter C. This means all priority dates in that category are current.
Being current can be an important step, but the chart must be checked carefully. The document, location of the applicant, and the chart USCIS authorizes can all affect what action is possible.
Why the October Visa Bulletin Can Matter
October 1 begins the U.S. government’s new fiscal year. The guidance explains that the October Visa Bulletin often shows forward movement because a new year begins with the visas available under the law for that year.
Generally, 140,000 employment-based visas and 226,000 family-based visas are available each year. This does not mean every category or country will move in the same way. It does mean that October is an important month to review the bulletin and consider whether your case status has changed.
Ventresca & Ventresca LLP monitors immigration updates because timing can matter for individuals, families, and employers planning next steps.
Visa Dates Can Move Backward
A Visa Bulletin is issued every month. A priority date can be current one month and no longer current the next month. This is called visa retrogression.
If a priority date is no longer current, a consulate cannot approve the immigrant visa. A person also cannot submit Form I-485 during that month if the date is not current for filing. If Form I-485 was already submitted, USCIS cannot approve it until the priority date becomes current again.
The document also explains that a pending application may remain with USCIS until the date is current again. During that time, a person may be eligible for work authorization, travel, and the ability to change jobs.
For consular processing, timing matters as well. Even if an interview happened in a month when the date was current, a visa cannot be issued in a later month if the priority date is no longer current and the consulate still needs additional documents.
FAQ
Where can I find my priority date?
In many cases, it appears on your Form I-797 approval notice. If an I-140 petition is based on a labor certification, the priority date is the labor certification filing date.
Which country should I use in the Visa Bulletin?
Use your country of birth. If it is not one of the separately listed countries, use the “All Chargeability Areas Except Those Listed” column.
Can I file Form I-485 when my date appears in the Dates for Filing chart?
You may be able to file if USCIS authorizes use of the Dates for Filing chart and your priority date is current under that chart. Both the Visa Bulletin and USCIS guidance matter.
Can my case be approved under the Dates for Filing chart?
The Final Action Dates chart is the chart used for final approval of a pending Form I-485 or for issuance of an immigrant visa at a consulate.
What should I do if my date moves backward?
Review the new monthly Visa Bulletin carefully. A backward move can affect whether you can file or receive approval that month.
If a Visa Bulletin update affects a pending or planned immigration matter, contact Ventresca & Ventresca LLP. Our Wexford, PA immigration law team can help you understand the update and discuss the next steps for your case.
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