January 2025 Visa Bulletin

How Long Does It Take To Get The Marriage Green Card In U.S.?

If like thousands of other American citizens who marry foreign spouses each year, you are looking to make a new beginning in the United States with your spouse, you came to the right place.

We prepared this guide to help you understand the basic timeline of the complete application procedure to be aware of how long your marriage-based green card procedure will take and how to make life plans accordingly.

By marrying a U.S. citizen or a green card holder, a foreign-born spouse becomes eligible for a marriage green card, also called a marriage-based green card.

So, how long does it take to get a green card? Well, it depends on different situations. Still, it should take anywhere between 7-15 months once the United States Citizenship and Immigration Services USCIS has everything it needs. But, let’s look at what will apply to your situation when it comes to obtaining a U.S. green card through marriage.

The main factors that will impact the Marriage Green Card Timeline

On average, to get a green card through marriage, you will need between 11 months to 14.5 months. So we can say that to get a marriage green card depends on three main factors that impact the green card timeline.

The green card timeline will be impacted by:

• The status of the petitioner (a U.S. Citizen or a Permanent Resident),
• Whether the beneficiary lives in the U.S or outside the U.S., and
• Which service center the applicant sent the application to.

Also, a great deal of this waiting period can depend upon other factors such as Visa number availability (Visa Bulletin), USCIS application center’s processing time, NVC processing time, U.S. embassy or consulate interviews scheduled, and similar.

So, depending on the main factors, we can have four possible situations where the marriage green card processing time will differ:

1. The spouse seeking a marriage-based green card lives in the U.S. and is married to a U.S. citizen;
2. The spouse seeking a marriage-based green card lives abroad and is married to a U.S. citizen;
3. The spouse seeking a marriage-based green card lives in the U.S. and married to a green card holder;
4. The spouse seeking a marriage-based green card lives abroad and is married to a U.S. green-card holder.

Since many other factors can impact the green card processing time, filing documentation properly can play a significant role no matter which category you belong to.

That is why you should consider hiring an immigration lawyer to help you out with defining the strategy, gathering and filing all necessary documentation. We at Herman Legal Group are available to our clients 24/7, so do not hesitate to use our online form to contact us or call us to schedule your consultation.

The Spouse Seeking a Green Card Living in The U.S. and is married to a U.S. Citizen

For the applicants applying for a marriage-based green card living in the U.S. and are married to a U.S. citizen, the processing time of the green card application will be the shortest.

In this case, the waiting period to get a marriage green card is about 10-13 months since:

• The application processing time takes about 9-11 months,
• Scheduling interviews and approval takes 1-2 months.

Whatsmore, you can apply for a marriage-based green card through a procedure called “Concurrent Filing, “meaning you can save plenty of time by filing two forms at the same time.

There are four steps to follow in this process.

Step 1. Filing Green Card Application

Firstly, U.S. citizens file a marriage petition for their foreign spouse. The marriage green card package contains:

• Form I-130 Petition for Alien Relative
• Form I-130A, Supplemental Information for Spouse Beneficiary
• Form I-485 Application to Register Permanent Residence or Adjust Status
• Form I-864, Affidavit of Support Under Section 213A of the INA
• Form I-765, Application for Employment Authorization (optional)
• Form I-131, Application for Travel Document (optional)

When USCIS receives your Form I-130 application package, it will issue a receipt notice in about 2-3 weeks containing a set of case numbers. You can use the number to track your case status online- USCIS Case Status.

Step 2. Biometrics Appointment

Upon receiving your immigrant visa application, USCIS will issue a biometrics appointment notice for the foreign spouse. This will take about 3-5 weeks before your marriage interview is scheduled.

Step 3. Attending the Interview

From 4 to 12 months after applying, the U.S. Citizenship and Immigration Services USCIS will send you a green card interview notice with the date, time, and location you and your spouse will attend.

Step 4. Green Card Arrival

You can expect that your green card will arrive 2-3 weeks after the green card interview, but it can take longer in some cases.

The Spouse Seeking a Green Card Lives Abroad and is Married to a U.S. Citizen

If you are a spouse who is married to a U.S. citizen but lives outside the U.S., then you will have to apply through a USCIS procedure called “Consular Processing. “

Step 1. Form I-130 Processing

The sponsor will need to file Form I-130 and Form I-130A along with supporting documents and, in about 2-3 weeks, will receive a Receipt Notice from USCIS.

Step 2. National Visa Center Processing

Upon approval, USCIS will transfer the case to the National Visa Center (NVC), process it for 3-5 months, and forward it to the U.S. embassy or the consulate.

Step 3. Interview at U.S. Embassy or Consulate

You will attend the interview in about one month after receiving the interview letter. Then, when a consular officer approves your immigrant visa application, you will obtain a visa that allows you to enter the U.S.

Step 4. Green Card Arrival

The green card will arrive within six months after the applicant’s spouse arrives in the United States.

To conclude, an estimated processing time for the green card, in this case, will be from 11-17 months.

The spouse seeking a green card lives in the U.S. and is Married to a Green Card Holder.

If you live in the U.S., and your spouse has a lawful permanent resident status, then you will need to apply through a USCIS procedure called “Adjustment of Status. “

Step 1. Form I-130 Processing

Firstly, the petitioner, a green card holder, must submit Form I-130 and Form I-130A.

It takes USCIS about 11-15 months to process your Form I-130.

Step 2. Visa number availability

When USCIS approves your Form I-130, the spouse seeking the green card must wait until the visa number for category F2A becomes available. You can check its availability in the U.S. Department of State’s Visa Bulletin.

Step 3. Form I-485 processing

When the visa number is available, the spouse can file Form I-485, Application for Adjustment of Status, and supporting documents and wait another 9-11 months for USCIS to process it.

Step 4. Green Card Interview and Approval

When USCIS completes your green card application processing, it will send you a scheduled interview appointment notice, usually to attend it within a month. Both you and your spouse will have to attend the interview.

Note that the petitioner must see a USCIS-approved doctor for a medical exam in the country where the interview is scheduled.

Step 5. Green Card Arrival

Your green card will arrive by mail within 2–3 weeks of case approval.

However, the entire process can take from 29 to 38 months.

The spouse seeking a green card lives abroad and is married to a U.S. green-card holder.

If you live outside the United States and your spouse is a U.S. lawful permanent resident, then you’ll apply through a ‘Consular Processing.’ In this case, you will use an online green card application- Form DS-260 (officially called the “Immigrant Visa Electronic Application”).

Step 1. Form I-130 Processing

The petitioner (green card holder) has to file the Form I-130 package and Form I-130A, Supplemental Information for Spouse Beneficiary, and wait for the approval of the green card application, usually about 7-10 months.

Step 2. Visa number availability (F2A category)

Upon approval of your I-130 petition, USCIS will transfer the case to National Visa Center NVC.

When NVC identifies the case, the spouse of a U.S. green cardholder needs to wait until the visa number in the F2A category becomes available. As we mentioned earlier, you can check this in the Visa Bulletin.

The waiting time of foreign spouses can vary depending on the country of origin.

Step 3. NVC Processing

Once the visa number is available, the foreign spouse can apply for a green card.

All the required forms and documents should be submitted with NVC, typically taking 3-5 months to make a decision.

Step 4. Interview at U.S. Embassy or Consulate

The next step is attending the U.S. Embassy or Consulate interview in the spouse’s home country. After 1-2 months, a foreign spouse will attend an interview at a U.S. embassy or consulate in their home country.

Step 5. Green Card Arrival

The spouses living abroad will receive the physical marriage green card to the U.S. address, usually within six months upon arrival in the United States.

In this case, the estimated time of the green card process will take a bit longer, so after the marriage interview and approval, the green card will arrive within 23-32 months.

What if the beneficiary spouse entered the U.S. legally but overstayed their visa?​

If a foreign spouse lawfully entered the U.S. but overstayed a visa, applying for an adjustment of status still may be possible as long as marrying a U.S. Citizen.

The overstayed period will play a significant role. So, if you overstayed your marriage visa for more than:

• 180 days (but still less than 1 year), you are subject to a 3-year bar if you depart the United States.
• 1 year, you are subject to a 10-year bar if you depart the U.S.

So you may conclude that given bars may exclude consular processing and your only option is to adjust status from within the United States so that the correspondent processing times would apply.

What if the beneficiary entered the U.S. without inspection?​

If you entered the country without inspection, you would have to leave to be eligible to be granted a Green Card. Unlawful presence in the U.S. can lead to 3 or 10 years of bars from coming back if you leave. This is when you will need to file an I-601A waiver. If approved, you will be granted a pardon for your unlawful presence. This way, the consulate officer will not deny your application based on the grounds of unlawful presence in inadmissibility.

You can file the I-601A waiver while you are still in the U.S. Once approved, you will receive a notice for a scheduled interview, and then you may leave the country.

So, how long does it take to get the approval of I-601? It depends, but the processing time of the I-601A waiver can take about 12 to 18. In addition, it takes another three months for the interview to be scheduled.

But note that the I-601A Waiver can only be filed after your I-130 is approved.

How Our Immigration Attorneys Can Help?

Immigrating to the United States is a worthy but complicated process, and supporting a loved one to come to the U.S. can often be overwhelming.

Identifying and managing the proper immigration documentation (I-130 Petition for Alien Relative, I-485 application to register, ds-260 online application, and similar) and procedures (concurrent filing, medical examination, getting a conditional green card, consular processing, etc.) is very complex, so you might consider taking help from a specializing immigration law firm.

Richard Herman and the dedicated immigration attorneys at Herman Legal Group have helped thousands of couples unite in the U.S. and get green cards.

By looking through your case, assisting you in filling out necessary forms, and filing proper documentation, our immigration lawyer will lead you through the process, making sure you meet important deadlines. This will ensure you are well prepared at any phase of the process.

You can book online consultation via Skype, WhatsApp, or ZOOM if you are overseas, or you can call for telephone consult +1-216-696-6170 or use the online form to request your consultation with us and discuss how to get a marriage green card for you or your spouse.

The Types of Visa Bulletin Charts

The visa bulletin has four charts which explain where you are in the line for a green card.

1. Family. Final action dates for family-sponsored preference cases
2. Family. Dates for filing family-sponsored visa applications
3. Employment. Final action dates for employment-based preference cases
4. Employment. Dates For Filing Of Employment-Based Visa Applications

The purpose of each chart

What each chart is for:

• The first two charts are for family green cards. The last two charts are for employment green cards.
• The final action date charts are used by applicants who are in the US and wish to adjust their status. If your priority date is before the cutoff date, you can file your Adjustment of Status, I-485, petition. I’m not clear if this is when you can file the I-485 (or if you file the I-485 whenever you want to make the change and the final action date means you can seek approval of the I-485).
• The date of filing charts is used by applicants who in other countries – and seek admission through a general consular office.
• The final action date charts (for both family and employment) indicate which priority date has reached the front of the line. For example, if the chart says 08JUL15, that means green card applications filed before July 8, 2015, can now apply for approval. Applicants who qualify should apply for their green card immediately.
  • If the final action chart has a “C” – that means Current – numbers are authorized for issuance to all qualified applicants.
  • If the final action chart has a “U” – that means unauthorized – numbers aren’t authorized to file for green cards.
• The date of filing charts (one for family and one for employment) indicate the dates which applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. Green card applicants who are living outside of the United States should go ahead and submit their application with the National Visa Center (NVC)—even though a green card is not ready just yet.
  • The cut-off dates in the ‘dates for filing’ chart are slightly later (1-10 months) than those in the ‘final action dates’ chart, which allows green card applicants to file their applications that much sooner.
  • The “C” listing indicates that the category is current and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date that is earlier than the listed date may file their application.

How to Read the Charts?

Column 1. All four charts identify the type of preference in the first column. This is where you begin determining your place in the line. You need to look to see which category applies to you.

Column 2. This column is labeled “All Chargeability Areas Except Those Listed” on all four charts. It is your place in line. If your priority date is before this date (unless you are from a country listed in the other parts of the chart), you can proceed to file for a green card or an immigration visa. You can also proceed if the column is marked C.

Columns 3, 4, 5, 6, and higher numbers. These columns are for those people who live in the identified countries. There are different cut-off dates for people from China, India, Mexico, and the Philippines. Other countries may be listed too. For example, the employment charts for the December 2020 Visa Bulletin list El Salvador, Guatemala, and Honduras (in one column) and Vietnam (in another column).

Here is the Final Action Date “Family” chart for the December 2020 Visa Bulletin.

[It’s up to you if you want to copy and paste the other charts.]

Consular Processing and Adjustment of Status

• Consular Processing. “Date for Filing” means that green card applicants outside the US (applicants through consular processing) can begin assembling and submitting the required documents to the National Visa Center. This way, the NVC has everything they need – once your priority date is in the “final action dates “chart (and a green card is available for you).
• Adjustment of Status. This processing is for green card applicants already in America. These applicants are seeking a green card through an I-485 application. The “dates for filing” chart means you can “simultaneously apply for a work permit (employment authorization document) and travel permit (advance parole document).” These benefits can be very valuable for applicants who intend to work in the US or travel outside the US – while waiting for their green card.

Summary

The key steps for an applicant (be sure to check with an immigration lawyer) are:

• View the Visa Bulletin for the Current month
• Determine your Family-based or Employment-based category
• Determine your country of origin
• Review your priority date
• Look at the chart that applies to you
• Check to see the changeability date
• If your priority date is before the chargeability date, you can proceed
• If the chargeability date is marked “C,” you can proceed
• Otherwise, you need to wait.

For help understanding Visa Bulletin charts, call Herman Legal Group at +1-216-696-6170 or complete our contact form to speak with us.

What is Retrogression?

Generally, the cut-off dates in the Visa Bulletin indicate exactly where the front of the line is. If you have an application date earlier than the cut-off date, then you can apply for a green card. There is a catch/a condition though where the cut-off date could be moved backward.

According to the USCIS, there are some months when more people apply for a visa in a specific category than there are available visas for that month. This is when the cut-off date may move backward. This backward movement (a priority date that is valid one month but not the next) is called visa retrogression.

The most common retrogression month is September when the fiscal year for the government ends.

Visa retrogression is usually caused because the “annual limit for a category or country has been used up or is expected to be used up soon.” Usually, things return to normal (the cut-off dates shift back to where they were before the retrogression) when the new fiscal year begins on October 1. A new supply of visas is available when the new fiscal year begins.

Ideally, the Visa Bulletin warns applicants of an upcoming retrogression – which gives green card applicants some time to adjust. There are times, though, when a monthly Visa Bulletin announces a retrogression without warning – causing some applicants to move backward inline instead of forward.

That’s why it’s critical to move (to have all your green card applications ready as soon as possible) so you can file when a monthly Visa Bulletin says you have a good date to apply. That date may move backward in the next month – preventing you from applying for your green card.

According to Boundless, “If you’ve already filed your green card application and there’s a visa retrogression, USCIS or the State Department will hold your application until you get back to the front of the line. You don’t need to do anything other than ensure that your contact information is up to date.”

According to the USCIS, in the past, DOS [Department of State] “has notified USCIS that several visa preference categories have become fully subscribed within days of publication of the monthly Visa Bulletin. Despite this fact, applicable regulations prevent USCIS from rejecting applications within that particular month, regardless of the actual availability of visa numbers.”

“If an officer encounters a case in which a visa was available at time of filing but is not available at time of final adjudication, the case should be retained, pre-processed, and adjudicated up to the point of final approval.

If a particular applicant is ineligible for adjustment due to an issue not related to visa availability, the case may be denied accordingly because visa availability is not relevant.”

“All otherwise approvable employment-based and family-based cases located at a USCIS field office that does not have a visa available at the time of adjudication must be transferred to the appropriate USCIS office or Service Center once the case has been adjudicated up to the point of final adjudication.”

“Final adjudication cannot be completed until a visa has been requested and DOS approves the visa request.

Once a visa number becomes available, a USCIS officer will complete a final review of the adjustment application to ensure the applicant continues to meet eligibility requirements at the time of final adjudication.”

Security updates and Requests for Evidence may be needed before a final adjudication can be granted. If the delay is too long, the adjustment request may be denied.

To learn more about retrogression, shifts in your priority date, call Herman Legal Group at +1-216-696-6170 or fill out our contact form to speak with us.

US Congress “May” Soon Abolish Per-Country Visa Caps

Workers seeking employment green cards have two time challenges. The first challenge is that the priority date of their application must be before the cutoff date set forth in the US Visa Bulletin. The second challenge is that the eligibility of the applicant for a visa or green card depends on the country of the applicant. Some countries (China, India, Mexico, and the Philippines, and possibly others) have limits on the percentage of available visas and green cards.

The US House of Representatives previously passed legislation that would remove these “country” caps for many countries. Now, according to The Register, the US Senate has passed draft legislation that would remove the per-county cap on vias – for “skilled” workers. This would mean that large countries like India would no longer have the same number of visas as smaller countries. For some countries, the demand for green cards can mean wait times of decades.

The S.386 – Fairness for High-Skilled Immigrants Act of 2019 was passed by the Senate on Wednesday, December 2. The House of Representatives previously passed a different version. The sponsor of the bill, Republican Senator Mike Lee from Utah, “has argued that capping the number of visas that can be issued to a country is “de facto country-of-origin discrimination.”

Senator Lee’s “amendments to the bill do away with per-country caps, but also limit a single nation to 85 percent of all visas awarded in a single year.” The Trump administration sill plans for the visas to be granted only to “to very highly-paid workers first as a means to avoid imported workers undercutting the salaries expected by American residents.”

The Trump administration has not indicated whether it will sign S.386 which has to be coordinated with the House version of the bill. The Senate bill excludes Chinese nationals or aliens associated with the Chinese Communist Party or the People’s Republic of China.

The bill is supported by the tech industry which wants more talented people – but is opposed by the US Tech Workers lobby group.

According to MoneyControl.com, the S.386 would remove the seven (7) percent country cap. If signed into law, “the oldest applicants by priority date would get the green card first, as it would follow a first-come-first-served basis. For newer applicants, it would still take a proportionate amount of time before their turn comes.”

MoneyControl also states that S.386 could “impact Indians [and presumably other aliens] by allocating 70 percent of the green card to H-1B holders and their dependents for one to nine years. This would become 50 percent in consecutive years.”

On December 2, the Register also reported that “a California judge smacked down the administration’s new H-1B plan on grounds that it was implemented without sufficient notice or consultation, and in any event would not bring about the policy objective of a boost to the US economy. That ruling preceded the Senate vote by just a few hours.

To stay informed about this possible new law changing cap country limits, call Herman Legal Group at +1-216-696-6170 or complete our contact form to speak with us.

How to Read the State Department’s Visa Bulletin?

Contents

1. Introduction
2. Why the visa bulletin is required reading for visa and green card applicants?
3. The overall caps by family-based green cards
4. The overall caps for employment-based green cards
5. Is there a cap on the number of green cards for the spouses of US citizens?
6. A few key Visa Bulletin definitions
7. Country-Specific Columns
8. What are the Visa Bulletin charts?

Introduction

The Visa Bulletin is a monthly publication issued by the US Department of State. The visa bulletin discloses the following three items of information:

• The categories (family and employment) that are eligible to file a green card application (typically an I-485 application or an I-130 petition)
• Which of the filed applications are ready for review?
• The best estimate for how long it will take to get your green card (or visa) – based on the wait times listed for that month

Why the Visa Bulletin is Required Reading for Visa and Green Card Applicants?

The bulletin exists, according to Legal Pad, because the number of green cards that can be issued yearly is capped. There are also limits based on the country the immigrant lives in. As a rule, there’s always a backlog. The bulletin is essentially a way for applicants to watch their place in line. The cap number may change from year to year.

• According to Boundless, 366,000 green cards are available annually – but that number is then broken into the following categories: The two broadest categories are:
  • Family-based green cards (226,000), which include marriage-based green cards
  • Employment-based green cards (140,000).
• Congress also has a “country cap” which limits the green cards in any particular category, by country, to 7.1%. Many countries, such as European and African countries, don’t exceed their country’s cap. Other countries like China, India, Mexico, and the Philippines have huge backlogs.

According to Boundless,

• If you’re an immediate relative; the spouse, parent, or unmarried child (under age 21) of a US citizen, you don’t even need to read the visa bulletin—there’s no green card backlog or wait time for you! Note. There is a cap for unmarried adult children (21 and over) of a US citizen.
• If you’re the spouse or unmarried child (under age 21) of a U.S. green cardholder, you’ll have to wait an extra 12-18 months for your green card to become available.
• If you’re in a different category, your green card wait time may vary — from years to decades.

The Overall Caps by Family-Based Green Cards

There are four basic family classifications, according to Boundless. Each of these classifications has the following current caps:

• F1. First preference. This includes unmarried adults (21 and over) who are children of US citizens. The cap for this preference category is 23,400 green cards each year.
• F2. Second preference. This category is for the spouses and unmarried children of green cardholders. This overall cap for this category is 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers. This category is split into another two subcategories:
  • F2A: This category is for the spouses and unmarried minor children (under age 21) of green cardholders. The cap number is 87, 934 (77% of available F2 green cards). “If you are a green card holder who has applied for a green card for your spouse, this is the category you’ll need to watch when you check the visa bulletin.” 75% of the F2 green card applicants are exempt from the per-country limit (according to the November Visa Bulletin).
  • F2B: This subcategory is for unmarried adult children (age 21 and over) of green cardholders. The cap number is 26,266 (23% of F2 available green cards)
• F3. Third preference. This category is reserved for the married children of US citizens – regardless of each. The cap amount for this category is 23,400 green cards each year.
• F4. Fourth preference. This category is for the siblings of US citizens. The cap number is 65,000 green cards each year.

The visa bulletin should make clear that the wait times for the F2A green cards are much shorter than for the other family-based categories. There are two reasons for this shorter time frame. The first reason is due to the fact that this category has the largest number of possible green cards – 87,934. The second reason is that the country of origin exemption means that there’s one less problem (the country of origin cap) for applicants to overcome.

The Overall Caps for Employment-Based Green Cards

Workers can apply for green cards based on their priority and based on the following cap levels – most of which are based on a percentage. According to the December 2020 Visa Bulletin, the employment categories are:

• First: Priority Workers. These include – Aliens of Extraordinary Ability, International Managers/Executives, and Outstanding Professors and Researchers. “28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.”
• Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: “28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.”
• Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, of which not more than 10,000 may be provided to “*Other Workers”.
• Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
• Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which are reserved for investors in a targeted rural or high-unemployment area, and 3,000 are set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.”

The Visa Bulletin has a few more employment categories:

• Under the Employment Third Preference, there’s a separate category called “Other workers.”
• Under the Employment Fourth Preference, there’s a separate category for “Certain religious workers.”
• The Fifth Category is divided into two subcategories:
  • 5th Non-Regional Center. (C5 and T5)
  • 5th Regional Center (I5 and R5)

Is there a Cap on the Number of Green Cards for the Spouses of US Citizens?

The good answer is no. The spousal cap only applies to spouses of US green card holders, not to spouses of US citizens. Since there isn’t a limit on spousal green cards – there’s no backlog and thus no need to review the visa bulletin. A spouse of a US citizen can apply for a green card as soon as their I-30 petition I-130, Petition for Alien Relative is approved.

A Few Key Visa Bulletin Definitions

There are a few precise terms that are used in the Visa Bulletin that it helps to understand (or to have an experienced immigration lawyer explain to you). These terms are:

• Priority date. The priority dates vary depending on whether you’re applying for a family green card or an employment-based green card.
  • For a family green card, this date is when the US Citizenship and Immigration Services (USCIS) receives an I-130 petition. It is the date that starts your place in line. The priority date should be on the I-799 form the USCIS mails when they approved the I-130 petition.
  • For an employment green card, the priority dates are as follows:
    • Your preference category requires a labor certification from the Department of Labor (DOL).
      • DOL accepts the labor certification application for processing.
      • 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
    • Your preference category does not require a DOL labor certification
      • USCIS accepts Form I-140 for processing to classify the sponsored worker under the requested preference category.
    • You are a fourth preference special immigrant, including religious workers
      • USCIS accepts Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, for processing.
    • You are a fifth preference investor
      • USCIS accepts Form I-526, Immigrant Petition by Alien Entrepreneur, for processing.
• Current. The Visa Bulletin uses “Current (C)” to indicate that there’s no backlog/no wait time for a green card. A priority date becomes current when it reaches the front of the line which indicates a green card is available. An entire preference category can also be current – if that category has no backlog/wait time. For example, in the December 2020 Visa Bulletin, the F2A category is current.
• Chargeability area. The Visa Bulletin uses this term for the country of origin of the green card applicant. You need to understand this because, in addition to category caps, there are country caps. Your own green card will be “charged” toward the annual quota of green cards available to citizens of your country of birth. Generally, the changeability areas are either specific countries (such as China, India, Mexico, and the Philippines) – or a catch-all for all the other countries.
• Immediate relative. This is a spouse, a parent, or a child (if they’re under 21) of a US citizen.
• Cut-off date. The dates on the Visa Bulletin tables are called “cut-off dates.” This date is essentially the front of the green card line. If your priority date is before/earlier than the cut-off date – then you can apply for a green card. If your priority date is after/later than the cut-off date, you need to keep waiting in line.

The priority date can change based on visa retrogression – shifts in priority dates due to overdemand in some family-based or employment-based categories.

Country-Specific Columns

The Visa Bulletin has separate columns for the following countries:

• China
• India
• Mexico
• Philippines

For these countries, the backlog is great and weight time can be very long. This means applicants from these countries have to overcome two caps burdens:3

• The country of origin cap burden
• The family or employment law cap burden – with the exception of the F2A category where 75% of green card holders (and their family members) are exempt from this cap burden. Spouses [and unmarried minor children?] from the four listed countries generally only have to wait a few extra weeks for their green cards. Other relatives from these listed countries may have to wait more than a decade.

In some cases, a “derivative” parent or child can shift their country of origin to take advantage of better country caps – by charging their priority date to another relative.

What are the Visa Bulletin Charts?

The Visa Bulletin uses four charts to determine your place in line. How to use and read these charts are discussed in a separate article.

The visa bulletin has four charts that explain where you are in line for a green card.

1. Family. Final action dates for family-sponsored preference cases
2. Family. Dates for filing family-sponsored visa applications
3. Employment. Final action dates for employment-based preference cases
4. Employment. Dates For Filing Of Employment-Based Visa Applications

For help understanding when you can apply for a family-based or employment-based visa or green card, call Herman Legal Group at +1-216-696-6170 or complete our contact form to speak with us.

The Visa Priority date system – trends in November 2020

IIn the green card process of getting a permanent residence, the prospective immigrants should stay well-informed and track changes in immigrant numbers stated in the monthly U.S. Visa Bulletin, published by the U.S. Department of State (DOS). This document contains the priority dates for every preference category determined by the date when the petition is filled.

The availability of immigrant visa numbers can be limited in specific categories and per-country. If the number of demands exceeds the numerical limits, this category is considered oversubscribed, and cut-off dates are set.

If the individual`s priority date is earlier than the cut-off date in the applicable chart, or if the preference category shows as “C” (current), it means that an immigrant visa is available for this applicant.

When it comes to November 2020 Visa Bulletin U.S. Citizenship and Immigration Services (USCIS) has stated that all employment-based and family-sponsored visa applicants that already live in the United States should use “Dates for filling applications,” except F2A category (spouses and children of permanent residents) which is pleading as “current,” and may use “Final Action Dates” chart.

Applicants that file visa demands outside of the United States should use the “Final Action Dates” chart.

Similar to the trend which has started with October`s Visa Bulletin, there is a final action cut-off dates advancement for India and China in the employment-based categories:

• EB-1: Both India and China forwarded from June 18, 2018, to December 1, 2018. Those six months were the giant leap. All other countries remain the same.
• EB-2: India forwards from September 1, 2009, to September 22, 2009, China forwards from March 1, 2016, to April 22, 2016. All other countries remain the same.
• EB-3: India forwards from January 15, 2010, to March 1, 2010, China forwards from July 1, 2017, to October 1, 2017
• EB-5: India shows as C (current), China is still at August 15, 2015

This is significant progress in dates for applicants from these two countries, given that the backlogs were from 5 to 10 years long.

Dates for filling employed-based green cards has not changed compared to October Visa Bulleting:

• EB-1: cut-off date for both India and China is on September 1, 2020
• EB-2: cut-off date for India is on May 15, 2011, China was on October 1, 2016
• EB-3: cut-off date for India is January 1, 2015, while China was on June 1, 2018
• EB-5: India shows as “C” (current), while China was on December 15, 2015

There were no advancements in priority dates for family-sponsored green card categories.

Final action date chart:

• F1: cut-off date for both India and China is on September 15, 2014
• F2A: both India and China are stated as current
• F2B: cut-off date for both India and China is on July 8, 2015
• F3: cut-off date for both India and China is on June 15, 2008
• F4: cut-off date for India is March 8, 2005, and for China is September 22, 2006

Dates for filling family-sponsored adjustment of status application are:

• F1: cut-off date for both India and China is on July 22, 2015
• F2B: cut-off for both India and China is on May 1, 2016
• F3: cut-off date for both India and Chiana is on June 1, 2009
• F4: India is on November 22, 2005, while China was on September 15, 2007

Due to cut-off dates changes in November, it is expected that there will be more movements in the Visa priority date system in the next months.

What You Should Know About Priority Dates for Immigrant Visas?

Understanding when you are able to file your application for Adjustment of Status (“AOS”) may seem confusing at a glance, but once you understand how to read the Visa Bulletin, it’s not as complicated as you think!

Filing your AOS is the final step prior to receiving your green card. However, the US government authorizes a limited amount of immigrant visas available each year.

Meaning, although the USCIS may have approved your immigrant visa petition, there may be some delay or a “waiting period” before you obtain your visa. How long you wait mostly depends on what visa category you applied for and your country of origin.

Because there are several factors involved, the Department of State created the Visa Bulletin to assist immigrant visa applicants in understanding when to expect to file for AOS.

The Visa Bulletin is a monthly-generated chart that lists the final action date for each visa category. Your priority date is essentially your place in line for getting a green card. Priority dates are the means of establishing a waiting list for green cards when the amount of applications received exceed the amount of annual visas available.

For family-based immigrant visas, the priority date is the date when the I-130 Petition for Alien Relative was received by the USCIS. For employment-based immigrant visas, if you filed for an alien labor certification, your priority date is the date the Department of Labor received your application; however, if you instead filed under an NIW/EB-1, then your priority date is the date the I-140 petition was received by USCIS.

Employment Based Visa Bulletin

The final action dates listed on the chart determines when applicants may file their AOS. If there is a date listed in any class, it indicates that the class is oversubscribed. Countries that have high volumes of applications received are given their own column for final action dates, which means the waiting period for applicants may be longer. These countries typically include China, India, Mexico, Philippines, and Vietnam.

If your priority date is earlier than the final action date listed in your category, then you are authorized to file for AOS!

“C” indicates “current,” meaning there is no waiting period in that category and applications of AOS may be filed immediately.

“U” indicates “unauthorized,” meaning numbers are not authorized for issuance.

July 2019 Visa Bulletin Current for Family/Sponsored Immigrants (F2A) – Spouses and Children of Permanent Residents

Each year, the USCIS sets a quota for family and employment-based visas. Once the quota is met, the USCIS stops issuing visas until the next fiscal year, thus creating a backlog of visa applicants. Section 203(a) of the INA prescribes preference categories of family-sponsored immigrant visas. Classified as F2A category visas are qualified immigrants who are spouses and children (unmarried and under 21 years old) of permanent resident aliens.

In the past many years, F2A category persons who have had his/her US-citizen relative file a petition (I-130) on his/her behalf, the applicant had to wait 2 years before an immigrant visa or green card could be issued. However, according to the recent July 2019 Visa Bulletin, the priority date for F2A category persons has jumped ahead dramatically reaching current status. This means that there is no wait to be issued a visa. See chart below provided by USCIS.

July 2019 Visa Bulletin

If you have an I-130 filed and approved under this category, or filed before March 8, 2019, now is the time to file an Application to Adjust Status to that of a Permanent Resident, form I-485 (if other requirements are met). If your I-130 Petition is already approved, you may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions for immigrant visa processing, as immigrant visas are available for July. Click here to access the complete visa chart for filing. applications for adjustment of status.