The Visa Bulletin – What Is It & How Do I Read It?

You’ve filed an I-130 or I-140 Petition and received a priority date. You’ve been told to keep an eye on the visa bulletin to determine when you’re eligible to apply for permanent residence. Alas, the visa bulletin is not as intuitive to read!

Priority Date

Before reading the visa bulletin, one must understand priority dates. Each fiscal year a certain number of visas are available for non-immediate relatives (226,000 visas) and certain employees (140,000).

As one can imagine, there are well over 226,000 family members sand 140,000 employees applying for their permanent residence each year, and thus a backlog has formed, causing a “visa wait”. To hold your place in this visa wait line, the USCIS issues a priority date once an I-130 or I-140 Petition is filed. You can find your priority date on your Receipt Notice for the I-130/I-140 Petition. When your priority date is locked in depends on whether you’ve filed a family-based I-130 Petition or employment-based I-140 Petition.

Simply put, your priority date is like the number you receive at the DMV. Individuals receive a number based on the order of their arrival to the DMV and wait for their number to be called. Likewise, you receive a priority date based on when you submit your petition/application and wait for your priority date to become current on the visa bulletin.

The Visa Bulletin – What Is It?

The visa bulletin is released by the U.S. Department of State (DoS) each month and publishes the current priority dates being processed by the USCIS and DoS. Generally, it indicates who is eligible to file their application for permanent residence and which applications are eligible for final adjudication.

The Visa Bulletin – How Do I Read It?

There are four different charts published; two under the family preference categories and two under the employment-based preference categories. Under each preference category is a “Final Actions Date” chart and a “Dates for Filing” chart. Which chart is to be used is published on a separate page by USCIS, always linked on the visa bulletin website: www.uscis.gov/visabulletininfo.

Final Actions Date Chart

This chart is used to show which cases the USCIS/DoS are adjudicating for final determination. So if your priority date is before the date published on the final actions date chart, your case is eligible to have a final decision made.

Dates for Filing Chart

This chart is used to show who is eligible to file for permanent residence or an immigrant visa. You are still “waiting” for your case to be eligible for adjudication but you are at least able to file the application while you wait.

Conclusion

Understanding the visa bulletin can get confusing but once you know your preference category, priority date, and which chart to look at each month, you’ll get the hang of it!

When in doubt, consult an immigration attorney to confirm your priority date and eligibility for applying for permanent residence. You don’t want to miss your chance once your priority date becomes available!