Visa Bulletin

On the chart above, “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (Note: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed above.)

The visa bulletin of the State Department Visa Office is a listing of available immigrant visas which comes out once a month from the Visa office. It informs the reader as to which dates in certain categories are being reached for immigrant visa issuance. When an individual is being petitioned for under the preference classes, he or she receives a priority date upon initial filing. This scenario can be likened to persons entering a theater in which there are a limited number of seats for each showing. The priority date is like a person’s ticket showing his place in the line. When his or her priority date is reached on the monthly visa bulletin, that individual can enter the theater, or immigrate. Current rules state that the priority date must be earlier by 1 day than the date which is shown on the visa chart in order for persons to be interviewed for permanent residence. If an individual is overseas, the American consulates will make every effort to conduct the interview as soon as the priority date becomes current. If the individual is in the U.S., he or she can file the adjustment of status application (I-485) once the priority date is passed by one day.

The visa chart is broken down into family and employment based categories along with diversity visas. U.S. citizens can apply for their unmarried sons and daughters over the age of 21 under the first family preference, for their married sons and daughters under the third family preference, and for their brothers and sisters under the fourth family preference. Lawful permanent residents can apply for their spouses and children under the age of 21 under the 2A family preference, and for their unmarried sons and daughters over the age of 21 under the 2B family category.

For employment based immigrant visas, individuals who are considered extraordinary, outstanding teachers or researchers, or intracompany transferees can use the first employment preference. Those individuals holding an advanced degree (or its equivalent) or who are exceptional can immigrate under the second employment preference so long as their immigration is deemed to be in the national interest. Also those individuals with advanced decrees or the equivalent of such fall under the second employment category so long as they have applied for and received a labor certification, and the labor certification requires the degree or its equivalent. Skilled workers occupy the third employment preference, skilled being defined as a position requiring at least 2 years of experience. The E W or other worker category is assigned to unskilled workers whose positions require less than 2 years of experience. Religious workers who meet the requirements of the category fall under the fourth employment category; and investors who invest at least the required statutory amount (1 million in most areas and $500,000 in other locations depending upon the areas being rural, having high unemployment, or being regional investment centers) and hire at least 10 U.S. workers fit under the fifth employment category.

Other than these categories, 50,000 immigrant visas are given each year to persons in countries which have not been the principal sources of recent immigration to the U.S. China is barred from participating in this category. This category is usually called the visa lottery. Winners of the lottery are notified by the Department of State; all others receive no notice. The priority of each winner is determined by the rank number of the individual rather than the priority date. That is because, under the visa lottery, all applications are sent in at approximately the same time.

In this web site, we will provide the visa bulletin as set forth by the State Department each month in order that readers can keep track of their cases, and determine when action needs to be done.