A Quick Guide to Help You Understand the Visa Bulletin and Priority Dates.

In other blogs, I have discussed the difference between immediate relative cases and preference cases.  An immediate relative case is a case where a visa is immediately available.  This category is reserved for spouses, minor children, and parents of U.S. Citizens.   This means that they do not have to wait for a visa to become available.  Preference categories have a limited number of visas available every year.  Since more than that number apply each year, there is a waiting list.  In this blog, we will only focus on family based preference categories, but there are also employment based preference categories. The Department of State publishes a visa bulletin every month. You can find it here.

The Family Based Preference Categories

There are four family based preference categories, with one category having two subsets.  They are as follows.  First preference or F1 is for unmarried adult children of U.S. citizens.  An adult for immigration purposes is someone over 21 years of age.  The second preference category includes both the F2A and F2B subset.  F2A is for spouses and minor children of permanent residents.  F2B is for unmarried adult children of lawful permanent residents.  The third preference or F3 is for married adult children of U.S. Citizens.  Finally the fourth preference is for brothers and sisters of U.S. Citizens.

What is a Priority date?

Now that we know the preference categories, it is important to understand the priority date.  The priority date, for family based cases, is the date that the I-130 Petition for Alien Relative was initially filed.   So, you are assigned a priority date, not when the case is approved but when it is filed.  Using that assigned priority date, you can look at the visa bulletin and get an idea as to how long it will take for you to get a visa to immigrate to the United States.  For example, if you are the spouse of a lawful permanent resident, the F2A category is currently at January 01, 2022.  So, in theory that would mean that it should take a little less than three years for a visa to become available.  However, it is important to note that this is an estimate only, as priority dates can go backward.  It is also important to note that there are priority date categories for different countries, this includes China, India, Mexico, and the Philippines.

What does it mean that my Priority Date is Current?

This means that a visa is available in your category for your priority date.  So, when you look at the bulletin, the published date will be after your priority date.  So for example, if you are in the F2A category, and your priority date is December 01, 2021, and the published date is January 01, 2022, then your date is current.

Visa retrogression, what is it and do I need to be worried?

While visa retrogression is a somewhat complicated subject, USCIS offers a good explanation.  According to the USCIS website, visa retrogression can be defined as follows:

“Visa retrogression occurs when more people apply for a visa in a particular category or country than there are visas available for that month. Retrogression typically occurs toward the end of the fiscal year as visa issuance approaches the annual category, or per-country limitations. Sometimes a priority date that meets the cut-off date one month will not meet the cut-off date the next month.  When the new fiscal year begins on October 1, a new supply of visas is made available and usually, but not always, returns the dates to where they were before retrogression.”

The important thing for you to remember is to check the visa bulletin every month, especially around October of each year.  If your category does retrogress, which is frustrating, remember that is should start moving forward again after the start of the new fiscal year.

There is a "C" next to my category.  What does this mean?

A "C" means that your category is current.  This means a visa is currently available and you do not need to wait.  However, keep watching the visa bulletin, as this case change.

My relative just became a U.S. Citizen, now what?

If your relative becomes a U.S. Citizen and it moves you into an immediate relative category, this is a great thing.  For example, if you are married to a permanent resident, who becomes a citizen, you no longer have to wait for a visa to become available.  There are some caveats here though.  Sometimes it is better to stay in one preference category over another.  For example, the F2B category (adult child of a permanent resident) is usually quicker than the F1 category (adult child of a citizen).  In this case, one can opt out of switching categories.  Another issue, that will require a separate blog, is when a parent becomes a U.S. Citizen, and has derivative beneficiary children.

Can I file for my green card?

Some people in the United States, who are in a preference category, will become eligible to file for a green card after filing their I-130.  If you look at the visa bulletin, there is a separate chart labeled “date for filing family-sponsored visa applications.”  According to USCIS, you can use this chart when “USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas.”  Otherwise, you would wait until your category becomes current, and maintain your nonimmigrant status.

Conclusion

While the visa bulletin can be confusing, the most important thing is to check it every month and see where your category is at, and if it has changed.  This will help you to know how long you have to wait and be ready to act when your priority date is current.

My name is Matthew Larsen.  I am a South Dakota based U.S. Immigration Attorney.  I have over a decade of full time family based immigration experience.  I represent clients across the country and around the world.