Understanding the USCIS Visa Bulletin for employment-based immigrants

Navigating the U.S. immigration system can be complex, especially when it comes to understanding the USCIS Visa Bulletin. This monthly publication by the U.S. Department of State is essential for those seeking green cards, including both family-sponsored and employment-based categories. While the Visa Bulletin applies to all immigrant visa categories, this blog will focus primarily on employment-based green cards. We'll break down what the Visa Bulletin is, its key components, how to read it, and why it matters for employment-based immigrants.

What is the Visa Bulletin?

The Visa Bulletin is a monthly report that indicates when certain green card applications can move forward based on priority dates. It serves as a "waiting list" system, managing the limited number of immigrant visas available each year. While it includes both family-sponsored and employment-based categories, this blog will focus on the employment-based preference classes.

Key Components and How to Find Them

1. Priority Date:  The priority date is a crucial component that determines your place in line for a green card. It can be established in different ways depending on your specific case:
   • For employment-based categories requiring labor certification (like most EB-2 and EB-3 cases), the priority date is typically the date the PERM labor certification was filed with the Department of Labor.
   • For employment-based categories that don't require labor certification (like EB-1 and some EB-2 cases), the priority date is usually the date USCIS receives the I-140 petition.
   • In some cases, you may be able to retain a priority date from an earlier approved I-140 petition, even if you're filing a new petition.
2. You can find your priority date on the I-797 form, Notice of Action, sent by USCIS when your I-140 petition was approved.
3. Preference Category: These categories are based on the type of employment-based petition. Common categories include:
   • EB-1: Priority workers, including individuals with extraordinary abilities, professors, researchers, and certain executives.
   • EB-2: Advanced degree holders and individuals with exceptional ability.
   • EB-3: Skilled workers, professionals, and other workers.
   • EB-4: Special immigrants (including religious workers, certain U.S. government employees, and other specific categories)
   • EB-5: Immigrant investors

How to Read the Visa Bulletin

Reading the Visa Bulletin involves comparing your priority date with the cut-off dates listed for your preference category and country of birth. Here's a step-by-step guide:

1. Determine which date USCIS is using for the current month: USCIS uses one of two date sets for each month to determine who is eligible to apply for a Green Card, Dates for Filing, or Final Action Date. You can review which is applicable to the current month at: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin
2. Locate the Employment-Based Preference Table: This table is divided into different employment-based categories (e.g., EB-1, EB-2).
3. Find Your Category and Country: Identify the row for your preference category and the column for your country of birth (e.g., India).
4. Compare Priority Date with Cut-off Date: Cut-off dates are the dates listed in the Visa Bulletin for each preference category and country. They represent the most recent priority date for which visa numbers are available.
   • If your priority date is earlier (older) than the cut-off date listed, a visa number is available for you, and you can proceed with your application.
   • If your priority date is later (more recent) than the cut-off date, you must wait until the cut-off date in the Visa Bulletin reaches or passes your priority date.

For example, I filed for EB-2 on January 15, 2012 and I was born in India, and this is how I read the USCIS visa bulletin for the current month (September 2024): For this month, USCIS mentioned that Final Action Dates chart needs to be used for employment-based preference categories, and since the chart shows a priority date of "05JUL12" for EB-2 India, my priority date is earlier than the cut-off date, so a visa number is available to me and I can proceed with my application.