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Understanding the Visa Bulletin: A Comprehensive Guide

At dePaz Cabrera Immigration Law, we understand how crucial the Visa Bulletin is for individuals navigating the U.S. immigration process.

Published monthly by the U.S. Department of State, this important document provides updates on visa availability for those seeking to immigrate through family sponsorship or employment.

In this guide, we simplify what the Visa Bulletin is, how it works, and how you can interpret it to stay on track with your immigration goals.

What Is the Visa Bulletin?

The Visa Bulletin lists the availability of immigrant visa numbers in certain family-sponsored and employment-based categories. Since U.S. immigration law limits the number of visas issued annually in most categories, the Visa Bulletin helps manage demand and informs applicants when they can proceed with their cases.

The two main components of the Visa Bulletin are:

  • Final Action Dates: Indicates when an applicant’s visa can be issued or when a green card can be granted.
  • Dates for Filing: Suggests when applicants can submit their visa or adjustment of status applications, even if a visa number isn’t immediately available.

Key Terms to Understand

Before diving into the Visa Bulletin, it’s essential to familiarize yourself with some key terms:

  • Priority Date: The date the controlling immigrant visa petition (Form I-130 or I-140) was filed. This date determines your place in line for a visa.
  • Chargeability Area: Refers to the country of your nationality (most commonly your country of birth), which determines the visa quota you fall under.
  • Retrogression: Occurs when a previously current date moves backward due to high demand for visas in a category or country; most common around September and the end of the fiscal year.
  • Current: When a category or country’s visa availability has no backlog, meaning visas are “immediately” available – and only need to wait on government processing times.

How to Read the Visa Bulletin

The Visa Bulletin is divided into two main sections:

  1. Family-Sponsored Preferences

This section includes visas for relatives of U.S. citizens and lawful permanent residents. Categories include:

  • F1 (First Preference): Unmarried adults who are children of U.S. citizens.
  • F2A (Second Preference): Spouses and unmarried minor children of lawful permanent residents (green card holders).
  • F2B (Second Preference): Unmarried adult children of green card holders.
  • F3 (Third Preference): Married children, of any age, of U.S. citizens.
  • F4 (Fourth Preference): Siblings of U.S. citizens.
  1. Employment-Based Preferences

These visas are for workers, investors, and certain special categories. Common preferences include:

  • EB-1 (First Preference): Priority workers such as outstanding professors, researchers, and multinational managers and executives.
  • EB-2 (Second Preference): Individuals with advanced degrees or exceptional abilities.
  • EB-3 (Third Preference): Skilled workers and professionals, or other workers.
  • EB-4: Certain special immigrants, including religious workers.
  • EB-5: Investors who create jobs in the U.S.

Each category is further divided by country of chargeability, with specific limits for high-demand countries like India, China, Mexico, and the Philippines.

Steps to Interpret the Bulletin

Visa Bulletin is essential to keep you on track with your immigration process.

Here’s how you can determine your eligibility and take timely action.

  1. Find Your Priority Date: This is on your petition receipt notice.
  2. Locate Your Category: Determine your category if it’s family-sponsored or employment-based preferences. This category is generally listed on the I-130 or I-140 approval notice in the top right section of the notice.
  3. Check Your Country of Chargeability: If applicable, match your country and category with the dates listed. If your country is not specifically listed, you’ll refer to the “All Chargeability Areas” section.
  4. Compare Your Priority Date: If your priority date is earlier than the listed date in the “Dates for Filing” Dates Chart, you may proceed with filing your immigrant visa application (through USCIS or the US Department of State, as applicable). Once your priority date is earlier than the listed date in the “Final Action” Dates Chart, the U.S. Government can issue your immigrant visa.

Tips When Checking the Visa Bulletin

Any updates in the Visa Bulletin in crucial, so it’s important to:

  • Monitor Monthly Updates: The Visa Bulletin is published around the 15th of each month for the following month.
  • Use Official Resources: Visit the State Department’s website for the most accurate and up-to-date information.
  • Consult an Immigration Attorney: The Visa Bulletin can be complex, especially for cases involving retrogression or multiple categories.

Why Does the Visa Bulletin Matter?

The Visa Bulletin determines when you can move forward with your immigration process. By staying updated, you can ensure you’re prepared to act when your priority date becomes current. This can make a significant difference in how quickly you achieve your immigration goals.

Stay informed, track your priority date, and seek assistance from our experienced immigration attorneys at dePaz Cabrera Immigration Law. Our attorneys can help clients dealing with family and employment-based visa applications, ensuring you are well-prepared for every step of the process. Contact us today to schedule your appointment.