Understanding How Long For Priority Date To Be Current
How Long Is the Wait for My Green Card?
When applying for a U.S. immigrant visa, one of the critical factors in determining when you can move forward with your application is your Priority Date. If you’re a prospective immigrant applying for a family- or employment-based green card (and you’re not considered an “immediate relative”), you may face a long wait. The length of this wait depends on various factors like the preference category you fall under, the number of available visas, and even country-specific limits. Here’s a detailed explanation of what priority dates are and how they affect your visa application.
What Are Priority Dates?
A Priority Date is the date that establishes your place in line for a U.S. immigrant visa. It reflects when the government first accepted your visa petition for processing. If you are applying for a family-based or employment-based green card, your priority date is crucial in determining when you’ll be eligible for a visa. Immigrant visa preference categories are used by the USCIS to allocate a limited number of visas annually, prioritizing applicants based on skills, education, and family ties.
How Priority Dates Are Set:
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Family-based Applicants: Your priority date is set when U.S. Citizenship and Immigration Services (USCIS) receives your Form I-130 petition from your U.S. sponsor.
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Employment-based Applicants: Your priority date is the date USCIS receives your Form I-140 petition or when the Department of Labor accepts your labor certification request.
Why Do People Focus So Much on Their Priority Date?
The priority date is crucial because it directly impacts when you can move forward with your application. Here’s why it matters:
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Limited Availability: There are annual limits on the number of green cards available in each category (family-based and employment-based), and these numbers are also subject to per-country limits. When demand exceeds supply, a waiting list (or visa queue) forms, and applicants must wait until their priority date becomes current.
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Tracking Progress: Prospective immigrants closely monitor their priority date to estimate how long they will have to wait before they can submit their final application. The closer the current dates are to your priority date, the closer you are to becoming a permanent resident.
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Deadlines: Once your priority date becomes current, you have one year to apply for your green card. If you miss this window, your petition could be considered abandoned, and you might lose your place in line.
Visa Categories and Preferences
Immigrant visas are divided into two main groups: family-sponsored and employment-based categories. Each category has its own annual allotment of visas, and the wait times vary based on demand in each group. Employment visa preferences include five categories from EB-1 to EB-5, targeting priority workers, professionals with advanced degrees, and immigrant investors, while family visa preferences cover four categories, including unmarried adult children, spouses of permanent residents, and siblings of U.S. citizens.
Family-based Preference Categories
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F1 – Unmarried sons and daughters (21 years or older) of U.S. citizens.
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F2 – Spouses and children of green card holders.
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F2A: Spouses and unmarried children under 21.
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F2B: Unmarried children over 21.
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F3 – Married sons and daughters of U.S. citizens.
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F4 – Siblings of U.S. citizens (petitioner must be over 21).
Employment-based Preference Categories
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EB1 – Priority workers, including individuals with extraordinary abilities, professors, researchers, and multinational executives.
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EB2 – Professionals with advanced degrees or exceptional abilities.
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EB3 – Skilled workers, professionals, and other workers.
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EB4 – Special immigrants (e.g., religious workers).
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EB5 – Investors in U.S. businesses that create jobs.
How Visa Numbers Are Allocated
The U.S. government allocates a limited number of visa numbers annually for each category. Here’s a breakdown of the visa limits for family and employment-based categories:
Lawful permanent residents play a crucial role in this process, as the U.S. Department of State allocates immigrant visas based on the requirements and procedures for becoming a lawful permanent resident, including priority dates and the Visa Bulletin.
The Demand and Supply of Visas
Each year, the U.S. allocates a set number of immigrant visas for both family-sponsored and employment-based categories. In total, 226,000 visas are available for family-based immigrants, and 140,000 are allotted for employment-based immigrants.
Visa numbers are also subject to per-country limits, typically restricting no more than 7% of the total number of available visas for each country. As a result, applicants from countries with high demand, like India, Mexico, China, and the Philippines, may experience longer waits.
Family Visa Allotments:
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F1: 23,400 visas
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F2: 114,200 visas
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F3: 23,400 visas
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F4: 65,000 visas
Employment Visa Allotments:
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EB1: 28.6% of worldwide employment-based visas
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EB2: 28.6% of worldwide employment-based visas
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EB3: 28.6% of worldwide employment-based visas
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EB4 & EB5: 7.1% of worldwide employment-based visas
However, the number of visas available is often insufficient to meet demand. This means applicants may face delays, particularly from countries with high demand, like India or China.
Tracking Your Priority Date
One of the best ways to monitor the status of your visa application is by following the Visa Bulletin chart, which is published monthly by the U.S. Department of State. The Visa Bulletin provides information on when applicants from various countries can apply for visas based on their priority date.
Visa Bulletin Components:
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Family-Sponsored Preferences: Lists visa availability for family-based petitions.
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Employment-Based Preferences: Lists visa availability for employment-based petitions.
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Dates for Filing: Indicates when applicants can submit their visa applications. The visa bulletin filing date is crucial because once a person’s priority date becomes current on the Visa Bulletin’s Dates for Filing chart, individuals in the U.S. can take proactive steps to file their application rather than waiting for government notifications.
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Application Final Action Dates: Shows when visas are actually issued.
You can access the latest Visa Bulletin here.
How to Read the Visa Bulletin
To understand the Visa Bulletin, follow these steps:
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Find your preference category (e.g., F1, EB2) on the left column.
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Find your country across the top (e.g., Mexico, India, or All Chargeability Areas Except Those Listed).
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Find where the dates for filing or final action dates intersect for your country and category.
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Compare your Priority Date to the date listed in the chart.
If your Priority Date is earlier than the listed cutoff date, you are eligible to proceed with your visa application.
What Happens When Your Priority Date Becomes Current?
Once your Priority Date is current, you can take the next steps toward securing your visa. Here’s what to do:
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Contact the National Visa Center (NVC): If you are outside the U.S., reach out to the NVC for instructions on scheduling your visa interview.
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Adjust Status in the U.S.: If you’re already in the U.S., and you are eligible for status adjustment (Form I-485), you can apply directly through USCIS.
What If Your Priority Date Becomes Current, but You Missed It?
If you miss the notice or fail to act after your Priority Date becomes current, you risk losing your place in line. You have one year from the date your Priority Date becomes current to take action before it is considered abandoned. It’s critical to stay proactive and monitor the Visa Bulletin regularly.
Common Issues to Watch Out For
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Visa Backlogs and Waiting Periods: Due to high demand, visa applications can get backed up, leading to delays. The State Department’s Visa Bulletin provides vital information on visa waiting periods, including charts that detail ‘Family-Sponsored’ and ‘Employment-Based’ preferences. These charts outline priority dates and provide guidelines on how to interpret waiting times and the implications of cutoff dates. Sometimes, dates can even move backward if there are too many applicants.
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“C” (Current) or “U” (Unavailable): If your category shows “C,” it means that visas are available, and there’s no wait. If it shows “U,” all visas have been used for that year, and you’ll have to wait until the new fiscal year begins.
How to Track Your Priority Date
You can track the availability of your priority date through the Visa Bulletin, which is published monthly by the U.S. Department of State. The Visa Bulletin contains two main charts:
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Application Final Action Dates Chart: Shows the date when a visa can be issued.
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Dates for Filing Applications Chart: Indicates when an applicant can submit the required documentation to the National Visa Center (NVC).
You can access the latest Visa Bulletin here.
Key Terms to Know
“Current” (C)
If a category shows “C” (current), it means that all applicants in that category can proceed with their application immediately.
“Unavailable” (U)
If a category shows “U” (unavailable), it means that the visa numbers for that category have been exhausted for the fiscal year. Applicants must wait until the new fiscal year begins for visa numbers to become available again.
Visa Retrogression
Visa retrogression happens when the cut-off date moves backward instead of forward due to an overwhelming number of applicants. This can delay the process as the demand exceeds the supply.
Concurrent Filing: Can You Apply Early?
In certain situations, you can file your Form I-485 (Adjustment of Status) concurrently with your underlying immigrant petition (Form I-130 or Form I-140). This is allowed if:
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Your priority date is earlier than the cut-off date in the Application Final Action Dates chart.
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The Visa Bulletin shows “C” (current) in the chart for your preference category.
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USCIS allows concurrent filing under the Dates for Filing Applications chart.
Immediate Relatives
For immediate relatives, concurrent filing is always allowed, regardless of priority date, as visas for immediate relatives are always available.
What to Do When Your Priority Date Becomes Current
Once your priority date becomes current, you can take the next steps:
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If You Are in the U.S.: You may apply for an adjustment of status (Form I-485).
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If You Are Outside the U.S.: You can apply for an immigrant visa at a U.S. consulate or embassy.
It’s important to regularly check the Visa Bulletin to ensure you’re on track.
USCIS Adjustment of Status Filing Charts: A Detailed Guide
When applying for adjustment of status to become a U.S. lawful permanent resident, one of the most important tools you need to understand is the Visa Bulletin. This bulletin, published monthly by the U.S. Department of State (DOS), outlines the availability of immigrant visas based on your priority date, preference category, and country of chargeability. The Adjustment of Status Filing Charts provide specific guidelines for when you can file your adjustment application (Form I-485). Here’s an in-depth look at how these charts work and how to navigate them.
It is crucial to maintain lawful immigration status to be eligible for adjusting your status when your priority date becomes current.
Understanding the Adjustment of Status Filing Charts
The Adjustment of Status Filing Charts are provided by the U.S. Citizenship and Immigration Services (USCIS) to help you determine when you can file your application for adjustment of status. The availability of immigrant visas changes based on two key factors:
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Visa Numbers Available: Every year, a limited number of immigrant visas are available in each category and from each country.
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Demand for Visas: If more applicants are waiting for visas than there are available visas, a queue forms. Your place in this queue is determined by your Priority Date (the date USCIS receives your petition).
Based on these factors, USCIS provides two charts:
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Dates for Filing: This chart shows when you can begin submitting documentation for adjustment of status.
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Final Action Dates: This chart shows when your priority date becomes “current,” meaning you can move forward with your application and finalize your green card process.
Which Chart Should You Use?
Each month, USCIS determines whether applicants should use the Dates for Filing chart or the Final Action Dates chart to file their adjustment of status applications. Here’s how each chart works:
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Dates for Filing: If USCIS determines that more visas are available than there are applicants, you can use this chart to submit your adjustment of status application. This gives applicants a head start in submitting documentation, although the actual green card approval may take longer.
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Final Action Dates: If the Dates for Filing chart isn’t applicable (due to limited visas), you must use the Final Action Dates chart to determine when you can file. This chart is used to determine when your visa is available, and when you can finalize your status adjustment.
In certain cases, if a visa category is “current” (meaning there are visas available), or if the cutoff date in the Final Action Dates chart is later than the Dates for Filing chart, you may use the Final Action Dates chart during that month.
Current Adjustment of Status Filing Charts (March 2025)
For Family-Sponsored Preference Categories:
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You must use the Dates for Filing chart in the Department of State (DOS) Visa Bulletin for March 2025.
For Employment-Based Preference Categories:
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You must use the Final Action Dates chart in the DOS Visa Bulletin for March 2025.
These charts are updated regularly to reflect changes in visa availability. Keep an eye on the Visa Bulletin each month to understand whether your priority date is current and when you can file your adjustment of status application.
View the March 2025 Visa Bulletin
What Happens in the Next Month?
April 2025 Adjustment of Status Filing Charts:
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For Family-Sponsored Filings: You will use the Dates for Filing chart in the April 2025 Visa Bulletin.
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For Employment-Based Filings: You will use the Final Action Dates chart in the April 2025 Visa Bulletin.
Previous Adjustment of Status Filing Charts
If you missed a previous update or need to track how visa availability has changed over time, USCIS archives prior months’ Adjustment of Status Filing Charts. You can use this historical data to compare trends in visa availability and understand how the dates have shifted month-to-month.
Tips for Tracking Your Adjustment of Status Application
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Monitor the Visa Bulletin Regularly: The Visa Bulletin is updated monthly. Be sure to check it regularly to track the status of your category and priority date. This will help you stay on top of when you can file your adjustment of status application.
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Be Prepared to Act Quickly: If your priority date becomes current, don’t delay in filing your application. USCIS will accept applications based on the Dates for Filing or Final Action Dates chart, depending on visa availability, so it’s important to be ready when your date arrives.
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Consult an Immigration Attorney: The adjustment of status process can be complex. An experienced immigration lawyer can help ensure that you meet all deadlines and correctly file your documents to avoid delays.
FAQ on Visa and Green Card Priority Date Wait Times:
General Questions
1. What is a visa priority date?
The priority date is the date when your immigration petition (such as Form I-130 or I-140) was filed with the U.S. Citizenship and Immigration Services (USCIS) or when a labor certification was accepted by the Department of Labor.
2. Why is the priority date important?
Your priority date determines when you can apply for an immigrant visa or adjust status to obtain a green card. You must wait for your priority date to become “current” based on the Visa Bulletin published monthly by the U.S. Department of State.
3. How do I check my priority date?
You can check your priority date on your USCIS receipt notice (Form I-797). To determine if your priority date is current, compare it to the latest Visa Bulletin issued by the Department of State.
4. What is the Visa Bulletin?
The Visa Bulletin is a monthly publication by the U.S. Department of State that shows which priority dates are eligible for further processing based on visa availability.
5. What does it mean for a priority date to be “current”?
A priority date is “current” when it is earlier than or matches the final action date listed in the Visa Bulletin for your visa category and country of chargeability.
6. How long do I have to wait for my priority date to become current?
Wait times vary based on your visa category, country of chargeability, and annual visa limits. Some applicants may wait a few months, while others (especially those from high-demand countries like India, China, Mexico, and the Philippines) may face delays of several years or even decades.
Processing and Visa Availability
7. What factors affect my priority date’s movement?
Priority date movement depends on:
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Annual visa caps for each category and country
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Visa demand from applicants worldwide
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Number of visas issued in prior months
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Government processing backlogs
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Spillover visas from other categories
8. Why is my priority date moving so slowly?
If the demand for visas in your category and country exceeds the supply, priority date movement slows down or even retrogresses (moves backward).
9. What is retrogression?
Retrogression occurs when visa demand exceeds supply, causing priority dates to move backward instead of forward. This happens frequently at the end of the fiscal year (September) when annual visa quotas are nearly exhausted.
10. Can my priority date move backward?
Yes, if demand for visas in your category increases significantly, the Visa Bulletin may retrogress, delaying your eligibility.
11. What happens if my priority date retrogresses after my I-485 application is filed?
If your priority date retrogresses after filing Form I-485 (Adjustment of Status), USCIS will pause your application until your date becomes current again. However, your Employment Authorization Document (EAD) and Advance Parole (AP) may still be processed.
12. What is a “current” category?
When a visa category is marked as “C” (current) in the Visa Bulletin, there are no backlogs, and all applicants with approved petitions can proceed immediately.
13. How does the visa bulletin affect family-based vs. employment-based green cards?
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Family-based (F1, F2A, F2B, F3, F4): Priority dates tend to move slowly due to high demand.
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Employment-based (EB1, EB2, EB3, EB4, EB5): Some categories move faster, but backlogs occur in high-demand countries (India, China).
Country-Specific and Special Situations
14. Why do people from certain countries (India, China, Mexico, Philippines) wait longer?
U.S. immigration law limits per-country visa allocations. Countries with high numbers of applicants experience severe backlogs, making their wait times significantly longer.
15. How does cross-chargeability help?
If you were born in a country with a shorter wait time than your spouse, you can use your spouse’s country of birth for processing.
16. What happens if my child turns 21 before my priority date becomes current?
Your child may lose their derivative visa eligibility under the Child Status Protection Act (CSPA) unless they qualify for age-out protections.
17. Can I change visa categories to reduce wait time?
In some cases, applicants can move from EB3 to EB2 (“EB3 to EB2 upgrade”) or vice versa, but this requires a new labor certification or a new I-140 petition.
18. What happens if I switch employers while waiting for my priority date?
If you’ve already filed Form I-485 and it’s pending for at least 180 days, you may change employers under AC21 Portability, provided the new job is in the same or similar field.
Visa Processing and Filing After Priority Date Becomes Current
19. What happens when my priority date is current?
You can file Form I-485 (if in the U.S.) or start consular processing (if abroad) to receive your green card.
20. How soon should I file my I-485 after my priority date becomes current?
It’s best to file as soon as possible to avoid any retrogression that may delay your case.
21. What happens if I don’t apply when my priority date becomes current?
If you delay filing, your priority date may retrogress, forcing you to wait again.
22. How long does it take to process a green card after the priority date is current?
Processing times vary but typically range from 6 to 24 months, depending on USCIS workload and interview requirements.
23. What happens if my priority date becomes current, but my I-140 or I-130 is still pending?
You must wait for approval of your I-140 or I-130 before proceeding with adjustment of status or consular processing.
24. Can USCIS reject my I-485 if my priority date retrogresses after filing?
No, but your case will be paused until your priority date becomes current again.
Miscellaneous
25. Can I expedite my priority date?
No, priority dates are based on visa availability and cannot be expedited. However, premium processing is available for I-140 petitions, which speeds up approval but not visa availability.
26. Can I work in the U.S. while waiting for my priority date?
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If you’re on H-1B, L-1, or another work visa, you can continue working.
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If you filed I-485, you can obtain an EAD (work permit).
27. Can I travel while waiting for my green card?
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If abroad, you need a valid visa.
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If in the U.S. with a pending I-485, you must apply for Advance Parole to travel.
28. Does marriage affect my priority date?
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If you’re marrying a U.S. citizen, you can file for an immediate relative green card.
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If you marry after your priority date becomes current, your spouse may need to wait for follow-to-join processing.
29. What happens if my employer withdraws my I-140 before my priority date is current?
If I-140 is withdrawn before 180 days of approval, you may lose your priority date. After 180 days, you may retain your priority date but need a new employer to file a new I-140.
30. How can I stay updated on priority date movement?
Monitor the Visa Bulletin monthly and check USCIS processing updates.
Why Consult with Herman Legal Group on Visa Bulletin and Priority Dates?
The Visa Bulletin plays a crucial role in determining when you can move forward with your immigration process, but understanding its complexities can be confusing. With visa backlogs, changing cut-off dates, and shifting policies, it’s essential to have an experienced legal team on your side.
At Herman Legal Group, our immigration attorneys have decades of experience helping individuals, families, and employers navigate priority date delays and find potential solutions to shorten wait times or avoid unnecessary delays. Here’s how we can help:
1. Clarity on Your Priority Date & Processing Timeline
We analyze the Visa Bulletin, explain what it means for your specific case, and provide insights into how long you may have to wait. Our attorneys will break down expected processing times, trends, and potential changes that could affect your application.
2. Exploring Expedited Options
In certain situations, you may qualify for an expedited process. We assess whether you meet criteria for options such as:
✅ Upgrading from Family-Based to Employment-Based Categories
✅ National Interest Waivers & Other Strategic Adjustments
3. Preventing Costly Delays & Mistakes
Errors in paperwork, missed deadlines, or misinterpretation of the Visa Bulletin can cause unnecessary delays. We ensure that your application is properly filed, follows the latest USCIS guidelines, and is positioned for approval without setbacks.
4. Alternative Paths to a Green Card
If your priority date is significantly delayed, we can explore whether you qualify for other visa categories that may provide a faster route to permanent residence. Options may include employment-based visas, investor visas, family-based petitions, or humanitarian programs.
5. Ongoing Legal Support & Updates
The Visa Bulletin is updated monthly, and changes in U.S. immigration policy can affect your case. Our legal team provides timely updates, proactive strategies, and personalized consultations to ensure you remain informed and prepared.
Schedule a Consultation with Herman Legal Group Today
Don’t let uncertainty delay your immigration journey. A consultation with our expert immigration attorneys can provide the answers and solutions you need to move forward.
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Additional Resources
For more detailed information and the latest updates, visit the following resources:
The priority date determines your place in line/the queue. The priority date, according to the USCIS, is normally that date when the relative or employer of the applicant files the immigrant’s visa petition with the USCIS. You should be able to locate the priority date on the Notice of Action (Form I-797) which was filed on behalf of the applicant. The USCIS officer should verify the priority date “by reviewing the actual immigrant petition or permanent labor certification application.”
Priority dates for family-sponsored preference cases
“For family-sponsored immigrants, the priority date is the date that the Petition for Alien Relative (Form I-130), or in certain instances the Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360), is properly filed with USCIS.”
Priority dates for employment-based preference cases
Immigrants seeking visas and green cards based on employment have their priority date set on the earliest of the:
- The date the petition is properly filed with the USCIS
- Date “the permanent labor certification application was accepted for processing by the Department of Labor (DOL), when a labor certification is required.”
Other factors may determine the priority date as well.
What is Classification Conversion?
In some cases, the USCIS officer must consider the visa classification and the special priority date – when reviewing the availability of visas. Sometimes, the classification of the petition may shift automatically based on circumstances subsequent to the filing. While this shift doesn’t affect the applicant’s priority date – it can affect the availability of the visa.
For some family-based applications, the “applicant can elect to opt-out of the classification conversion when it is advantageous to do so” – provided they are eligible.
Use of earlier Priority Dates
Sometimes, applicants have multiple applications pending – each with different priority dates. In this case, the applicant may opt to use an earlier priority date instead of the later date on the most recent petition. In this scenario, the applicant should inform the USCIS officer of his/her intent to use the earlier priority date – “by including an approval notice for the previous petition in the adjustment application packet.” This situation can occur for both family-based petitions and for employment-based petitions.
“Specifically, in the event that an applicant is the beneficiary of multiple approved employment-based petitions filed under 1st, 2nd, or 3rd preference, the applicant is entitled to the earliest priority date.”
Similarly, an applicant with an approved Form I-526 filed on or after November 21, 2019, is generally entitled to the priority date of a previously approved 5th preference immigrant investor petition.”
When earlier Priority Dates may not be used?
The option to use an earlier priority date normally doesn’t apply for Adjustment of Status petitions in the following situations:
- If the application was denied or ended due to misconduct – such as “fraud, willful misrepresentation, or material error”
- “The beneficiary is no longer eligible for the classification for which the petition was filed and does not qualify for automatic conversion”
- The “DOS terminated the registration of an applicant who failed to timely file for an immigrant visa, thereby automatically revoking the petition”
- The applicant already used the earlier petition to immigrate
The priority date of an earlier approved petition (in cases of employment-based 1st, 2nd, and 3rd preference categories) can’t be used for a later petition if the approval of the earlier petition was revoked by the USICS due to:
- “The petition was approved in error
- Department of Labor revoked the labor certification associated with the petition,
- USCIS or DOS invalidated the labor certification associated with the petition
- Due to fraud or the willful misrepresentation of a material fact.”
Employment-based 5th preference cases
There are special considerations, regarding using an earlier priority date, for 5th preference employment immigration petitions. The earlier priority date can’t be used:
- “If the alien was lawfully admitted to the United States for permanent residence using the priority date of the earlier approved petition”
- “If USCIS revoked the approval of that petition based on a material error”
The inability to use the earlier priority date if the earlier approved petition involved fraud or misrepresentation of a material fact only applies if the prior misconduct includes “fraud or willful misrepresentation – of that material fact.
To discuss your priority date and cut-off date, your place in the green card line, call Herman Legal Group at +1-216-696-6170 or complete our contact form to speak with you.
Introduction
AWaiting for the priority date to be current can be stressful, especially if this period already took it too long, which is incredibly usual if you are from China or India. If you are one of many people waiting for your green card application to move forward and are fed up with sitting and expecting this important news, you probably try to learn as much information as you can so that you can plan your stay in the United States.
There is one important source that will help you with this. It is Visa Bulletin that the U.S. Department of State — Bureau of Consular Affairs publishes each month detailing waiting lines for green cards.
Just last month, and again in November, the waiting line for the priority date for Indians in the EB-3 category jumped forward, allowing thousands of people to file the I-485.
The October 2020 Visa Bulletin brought some bad news, especially for those in the family-based categories. On the other side, it provided a silver lining for petitioners in the employment-based categories.
This trend continued with November Visa Bulletin 2020, as well. It made many people from India and China who have EB-2 petitions consider downgrading to an EB-3. This is because EB-3 is moving past the EB-2, and this situation is pretty rare. EB-2 usually used to be a faster route to a visa than the EB-3.
Hence, it would be best to learn how to act and navigate the EB-3 downgrade strategy with the changed situation. To be completely prepared, you should also know what the potential pitfalls you might encounter and how to avoid it in the process.
We prepared answers to the most common questions and concerns to understand how to deal with the current situation and obtain the green card.
First, let’s clarify what the Visa Bulletin is and why it is essential to know how to read it.
The visa bulletin exists because Congress sets the limit on the number of green cards issued each year. Moreover, the number of people seeking green cards has consistently exceeded the limit, and it created a backlog.
Being in line for a green card means that you have to keep track of actual changes you can see in the Visa Bulletin for the current month. To be ahead of any unpredictable situations, it is advisable to have all your documents needed for your green card application prepared in advance.
This way, you can avoid losing a chance to file your application, or while in panic, forget to attach any of the documents. Instead, make sure all of your important documents are in a folder, in the right order, waiting to be submitted.
In that case, you will be ready to file your application as quickly as possible right after the Visa Bulletin shows a green card is available to you. If you fail to apply in a month when a green card is available to you, you can face a backward movement called “retrogression” in the next Visa Bulletin. This way, you may eventually lose the opportunity to file for a lawful permanent residence.
As mentioned above, there is a limited number of “green cards” granted each year. Green cards are divided into categories based on sponsorship, based on family or employment, and other factors within those categories.
Also, allotment is divided by country, and there are 7% available green cards per country. If more people apply than the number of available visas, it will cause a waiting line to develop. By the end of the fiscal years, the allotment should be used, but if there are any unused green cards by September 30, they can be used the following year.
As mentioned above, DOS is charged with managing the waiting lines showing based on an assessment of demand against the number of available green cards and releasing it in the Visa Bulletin each month. You can check here how dates fluctuate in the November Visa Bulletin.
Recently, the U.S. Department of State began issuing two charts. The first one is Final Action Dates showing the actual waiting line for that month and the Dates for Filing presenting what DOS expects to be available in the coming months to help manage the workload.
Currently, 366,000 green cards are available annually. The total number is divided into a complex category system, with a specific quota for each category. There are two broadest types: family-based green and employment-based green cards.
When it comes to family-based green cards, the total number of available green cards is 226,000, including marriage-based green cards. Speaking of available employment-based green cards, this number is lower – 140,000 green cards are available for people who want to work in the United States.
This is not a problem for European or African countries that, by far, generated enough green card demands against the country cap. But on the other side, countries with a significant population, like China and India, face substantial backlogs.
For example, when it comes to India, which is the most retrogressed country, the dates for EB-2 and EB-3 for Green Card used not to move, and the number of Green Card issued for EB-2 came from 23,000 to only 3,000 in 3 years.
So, Why Do These Backlogs Happen?
The one answer is because there’s no spillover from EB1 to EB2 ROW and EB2 ROW to EB2.
But, there is one more reason- because there is EB3 to EB2 porting.
This means applicants in EB3 would have gained enough experience and become eligible for EB2, and transferring to EB2 would increase the wait times of those applicants.
So, know you probably want to know how to calculate the wait times for your Green Card.
In the 2020 October Visa Bulletin, EB-3 India and EB-3 China appeared to be advancing more aggressively related to EB-2 India and EB-2 China. For example, EB-3 India moves by 3.5 months (7 weeks for EB-2 India) while EB-3 China is forwarding by 5.5 months (EB-2 China advances by six weeks).
Under the Dates for Filing category, this is even more noticeable: EB-3 India advances by about five years while EB-2 India advances by two years. Sometimes, the wait can be as long as ten years for the priority date to become current on the I-140.
The November Visa Bulletin Includes:
- Dates for Filing Visa Applications chart indicating when intending immigrants may file their applications for adjustments of status or immigrant visas
- Application Final Action Dates chart showing when adjustment of status applications or immigrant visa applications may be approved and permanent residence granted
The USCIS decides which chart it will follow each month. In November, the USCIS determined to follow the later “Dates for Filing” for the EB- Employment-Based Visa Applications chart for employment-based filings for adjustment of status.
Therefore, if you seek to file applications for adjustment of status with USCIS in November 2020, you may use the Dates for Employment-Based Adjustment of Status Applications.
What is the November Visa Bulletin bringing when it comes to EB-2 and EB-3 for those two countries, India and China? USCIS will allow the following applicants to file I-485 in November 2020:
India
- EB-2 Priority Date before May 15, 2011;
- EB-3 Priority Date before January 1, 2015.
- Downgrade possibility: EB-2 India with Priority Date between May 15 and January 1, 2015.
China
- EB-2 Priority Date before October 1, 2016;
- EB-3 Priority Date before June 1, 2018.
- Possible to downgrade: EB-2 China with PD between October 1, 2016, and June 1, 2018.
As you can see, there are options to downgrade your EB- 2 to EB-3, and you can take it into account since it has some advantages. If your priority date is current in EB-3, and when you downgrade, you will be able to file I-485 for you, but also your dependents.
Also, when your I-485 has been pending for six months, you can switch employers. Many workers from India whose employers have filed EB-2 category I-140s (whose priority date is not current for that category) are seeking to downgrade and re-file the I-140 for the Eb-3 category (which is current) while retaining the EB-2 priority date.
The problem is, many employers will not file the I-485 for these workers. The workers are often left to find their attorneys to handle this for themselves, their spouses, and children. Find out how to downgrade your EB- 2 to EB-3.
So, downgrading to EB-3 will result in the ability to file the I-485 form for the adjustment of status. While your I-485 application is being processed, suppose that you filed it while you were inside of the United States, you are allowed to stay. But, while you are waiting for a decision, you cannot travel outside the United States because this can cause your application to be denied.
Learn how to file I-484, Application to Register Permanent Residence, for EB-3 applicants quickly and adequately.
Why This Big Jump in EB-3 Took Place Now?
This big jump happened now because the USCIS field offices have been closed, and it started gradually to reopen for the processing of I-485. In addition, consulates of the United States situated abroad have been closed for most services. This means that the field offices and consulates used fewer visa numbers.
Also, we see a drop off in demand for visa numbers due to economic conditions that weaken drastically and made some employers give up on hiring more people in this unstable time. So we may conclude that employers and immigrant applicants delayed or pulled back their applications, and this big jump happened.
As a result, it is expected to see a higher allocation of employment-based visa numbers in the next fiscal year. This will occur because, imposed by law, numbers of unused family-based visas from this fiscal year will be added to the employment-based allocation.
We saw a significant employment-based number usage in the fiscal year of 2020 before COVID-19, while we also saw limited family-based visa number usage.
When it comes to the cutoff dates for persons who belong to the category the “Rest of the World,” allocation continues to be current. This means that all eligible individuals to this allocation can continue to file applications to adjust status in November.
This will increase the volume of such applications received by the USCIS and the revenue raised by the USCIS, which faces financial difficulties, like many other agencies.
Do You Need an Attorney to Downgrade EB-2 to EB-3?
Although the EB-3 downgrade strategy can be rewarding, many obstacles on that path may prevent you from reaching the final aim. To avoid taking risks and losing the chance to obtain lawful permanent residence and being unsure how to go through the whole process, you should consider taking a legal professional to provide you with the right advice, firm support, and practical skills.
Our legal offices have many experienced immigration lawyers who will be able to develop the right strategy for your case, answer all of your concerns and lead you toward finally getting the green card.
This process may take some time and be exhaustive, but with the right persons on your side, the journey will be less stressful but more worthwhile once you provide your family with the secure and comfortable living in the country you chose to build your life in.
The Immigration and Nationality Act (INA) sets the number of immigrant visas that may be issued to aliens seeking to become lawful permanent residents (get a Green Card) each year.
There are no limits on immigration visas for “immediate relatives’ of US citizens – they’ re always available.
“Immediate relatives include:
- The spouses of U.S. citizens
- The children (unmarried and under 21 years of age) of U.S. citizens
- The parents of U.S. citizens at least 21 years old
- Widows or widowers of U.S. citizens if the U.S. citizen filed a petition before his or her death or if the widow(er) files a petition within 2 years of the citizen’s death.
There are numerical limits for family-sponsored and employment-based immigrant preference (including EB-1 visa) categories.
The limit number is set by the US Department of State. Employment-based visas are generally limited to 140,000 by year. “By statute, these annual visa limits may be exceeded when certain immigrant visas from the previous fiscal year’s allocation were not fully used.” Family and employment visas have sub-categories. A percentage of overall visa numbers is assigned to each sub-category. Additionally, “there are limits to the percentage of visas that can be allotted based on an immigrant’s country of chargeability (usually the country of birth).”
If the demand for visas is more than the number of available visas, in any given year and any given category or country, a waiting list (called a visa queue) is established. Distribution of visas, across all categories, is determined by “a prospective immigrant’s preference category, country of chargeability, and priority date. The priority date is used to determine an immigrant’s place in the visa queue.”
Immigrants can apply for an adjustment of status to obtain lawful resident status – if their priority date becomes available or current – and they are currently in the US. Immigrants who use consular processing must have an available or current priority date too.
How to Find your Priority Date?
“If you are a prospective immigrant, you can find your priority date on Form I-797, Notice of Action, for the petition filed on your behalf. The waiting time before receiving an immigrant visa or adjusting status depends on:
- The demand for and supply of immigrant visas.
- The per-country visa limitations.
- The number of visas allocated for your preference category.”
Priority Dates for Employment-Based Preference Cases
Immigrants seeking an employment-based visa (such as EB-1A, EB-1B, or EB-1C) visa will have their priority date set as follows:
- If “your preference category requires a labor certification from Department of Labor (DOL),” then the priority date is the date the LOL is accepted for processing by the DOL. “To preserve the priority date, the petitioner must file Form I-140, Immigrant Petition for Alien Worker, with USCIS within 180 days of the DOL approval date on the labor certification or else the labor certification is no longer valid.”
- If “your preference category does not require a DOL labor certification, then the priority date is the date USCIS accepts Form I-140 for processing to classify the sponsored worker under the requested preference category.
Generally, labor certification is not required for EB-1 visas.