Visa Bulletin Breakdown: What Priority, Filing, and Final Action Dates Mean for You

The Visa Bulletin is a monthly publication by the U.S. Department of State that provides crucial information on the availability of immigrant visa numbers. It helps applicants understand when they can proceed with their visa applications based on their priority dates. However, navigating the Visa Bulletin, which significantly influences the immigration process, can be confusing.

We aim to provide a straightforward introduction to how the Visa Bulletin affects the filing of the family-based (FB) and employment-based (EB) applications for adjustment of status (AOS) with U.S. Citizenship and Immigration Services (USCIS). An AOS application represents a crucial step in transitioning from a temporary migrant status to that of a permanent resident, which is essential for building a secure life in the United States.

In the context of FB and EB AOS applications, priority dates and the Visa Bulletin play a pivotal role in eligibility to file an application and the approval process once it is filed. Generally, the priority date is established once USCIS receives the FB or EB immigrant petition (Form I-130/Form I-140) or the filing date of a PERM application with the Department of Labor, if one is required.

It’s important to clarify that when referring to FB AOS applications, we are discussing family-based applications for individuals other than the spouses or children of U.S. citizens. Those seeking permanent resident status as a spouse or child of a U.S. citizen are unaffected by the limited annual supply of green cards. Consequently, their ability to file an AOS application is not contingent on priority dates or the Visa Bulletin.

Priority Dates, the Visa Bulletin, and Filing an AOS Application

To be eligible to file your FB or EB AOS application in a given month, your priority date must be “current,” according to the Visa Bulletin chart USCIS is utilizing that month. For FB and EB green card categories, the Visa Bulletin publishes two monthly charts: one for “Dates for Filing” and another for “Final Action Dates.” Your priority date is considered current if the chart indicates either a “C” (for Current) or lists a cut-off date after your priority date.

In some months, USCIS may opt to use the Dates for Filing chart to determine if an FB or EB AOS application can be filed, while in other months, the Final Action Dates chart may be utilized. The specific chart USCIS uses can change from month to month. Whichever chart is in effect during a given month, your priority date must be current in that chart for you to be eligible to file your application that month.

Priority Dates, the Visa Bulletin, and Approving an AOS Application

Once you’re FB or EB AOS application is filed correctly, the Final Action Dates chart is the only Visa Bulletin chart that matters for determining approval. According to this chart, when USCIS completes processing your application and finds it approvable on its merits, your priority date must be current. The processing involves reviewing the application, issuing any Requests for Evidence, collecting biometrics, conducting background checks, and, if necessary, scheduling an interview.

Timing of Priority Dates and Case Processing

It’s important to note that the timing of when your priority date becomes current according to the Final Action Dates chart is separate from the USCIS processing time for your AOS application. USCIS provides estimated case processing times on its website, which do not account for whether an applicant’s priority date is current.

If during the month, USCIS processes your FB or EB AOS application, your priority date is current according to the Final Action Dates chart, then your application can be approved. However, more than simply being current in that month is insufficient required for approval; it must be current when USCIS deems your application approvable.

If your priority date is not current when USCIS finishes processing your application, it will typically hold your application until your priority date becomes current. Your application can be approved when this happens, provided all necessary documentation remains valid, and no further evidence is required. If documentation has expired or updated proof is needed, USCIS will likely issue a Request for Evidence.

Navigating immigration law is often considered one of the most complex areas, second only to tax law. While this article aims to clarify some aspects of the Visa Bulletin and the AOS process, there is no substitute for having qualified legal counsel to guide you through this intricate landscape.