U.S. immigration law follows an extremely complicated set of rules that govern who can receive an immigrant visa (Green Card) in any given year. This blog post will not describe the complex calculus, but does provide some general guidelines about the process and also explains two very important terms, the Visa Bulletin and “Priority Date.”
The U.S. Department of State Visa Bulletin is a monthly publication that provides critical information on visa availability for individuals applying for U.S. permanent residency (green cards) through family-based or employment-based categories. It is especially important for individuals subject to immigrant visa caps, where the number of visas available each year is limited based on the applicant's preference category and country of chargeability (usually their country of birth).
The Visa Bulletin is divided into two charts:
- Final Action Dates: This chart shows when visas can be issued and when applicants can be granted permanent residency. If an individual’s priority date (the date their immigrant petition was filed) is earlier than the date listed for their category and country, they are eligible to move forward with their green card application.
- Dates for Filing: This chart indicates when applicants can submit their documents to the National Visa Center or USCIS, even if a visa is not yet available for issuance. This allows some applicants to start the final steps of the process earlier.
The Visa Bulletin helps manage the demand for immigrant visas by indicating when applicants from backlogged categories can proceed with their cases. Monitoring the Bulletin is essential for anyone waiting for visa availability.
What is a “Priority Date”?
A priority date is the date when an immigrant petition or labor certification is filed with U.S. Citizenship and Immigration Services (USCIS) or the Department of Labor. It establishes an applicant’s place in line for an immigrant visa or green card in categories where the number of available visas is limited. This is crucial for determining when an applicant can proceed with their visa application, as they must wait until their priority date becomes "current" based on the U.S. Department of State's Visa Bulletin. The earlier the priority date, the sooner they can apply for permanent residency.
Understanding both of these terms can bring much needed clarity for anyone considering applying for permanent residence based on a family or employment application. Contact us online at the Law Office of Gregory J. Eck for more information.