How the Visa Bulletin Affects Your Green Card Application Timeline

Published: September 10, 2024

How long will it take to acquire your green card? Based on the newly released data, the United States Citizenship and Immigration Services (USCIS) reduced processing times across various applications. 

Still, the duration of the application process can differ significantly, depending on numerous factors, including the type of green card and whether you’re applying from within or outside the US. 

The US Department of State (DOS) releases an updated Visa Bulletin every month. This monthly update is vital for individuals awaiting a green card because it shows which applications can proceed. 

For instance, there are no changes in most categories in the September 2024 Visa Bulletin. However, it highlights substantial delays for those awaiting employment-based green cards. Since it provides essential information about the timeline for adjusting your status and evaluating eligibility, the bulletin is your roadmap for the green card process. 

Here, ALG Lawyer will discuss further how the Visa Bulletin works and its significant role in navigating the US immigration system. We’ll also provide a few tips on how to use it effectively on your visa application. 

Overview of the Visa and Bulletin and How It Works

The Visa Bulletin provides priority dates, which indicate an applicant’s position in the green card application process. It’s an essential tool for understanding the requirements and procedures for becoming a lawful permanent resident. 

The DOS determines the number of applications pending each category every month to estimate when applicants can proceed through the bulletin. Each family-based and employ-based category in the Visa Bulletin is grouped into these two charts: 

• Final action dates: This is a key reference point if you have a visa available based on your priority or need to wait for one to become available. You can acquire a visa if your priority date is earlier than the final action date. 

• Dates of filing: This chart is primarily intended for applicants outside the US who can apply even though a green card isn’t unavailable. If you’re living in the US, the filing date indicates the earliest possible date when you can submit documents for the final stage of the green card process by adjusting your status. 

There are certain months when the USCIS allows individuals to file adjustment of status applications based on the filing dates, even if their priority dates don’t meet the current requirements outlined in the final action dates. Every month, USCIS publishes a separate notice indicating whether you can use the chart for the final action date or the filing date. 

Impact of the Visa Bulletin on Green Card Applications

The Immigration and Nationality Act (INA) establishes an annual cap of 226,000 for family-sponsored visas and 140,000 for employment-based categories. These yearly limits can increase if the previous year’s allocation is not utilized. 

With the high demand for US green cards and limits imposed by Congress annually, there is usually a backlog of visa applicants. The Visa Bulletin is a resource for immigrants to check if they can file a green card application based on their country of birth and priority date. 

It’s crucial to note that the annual quota doesn’t affect the immediate relatives of US citizens. If you don’t fall into that category, the bulletin can impact your green card applications through the following ways: 

• The priority date determines your position in the visa queue. If the priority date of your category is current in the bulletin, it means there are no backlogs or wait times. 
• The bulletin’s cut-off dates can change, affecting when you can proceed with your visa applications. 
• Suppose the cut-off dates retrogress or move backwards. You have to wait longer than initially announced in the bulletin. This can happen when a category or country reaches its annual cap. 
• Only applicants with priority dates before the cut-off dates can file their green card applications. If your priority date is after the cut-off date, expect to keep waiting.

How You Can Use the Visa Bulletin Effectively

Properly using the monthly bulletin is crucial for applying within the appropriate windows and maintaining your eligibility for approval. Although it doesn’t guarantee when your visa will be available, you can make more informed decisions for your green card applications using the following tips: 

• Determine your visa category and which preference level it falls under. 
• Figure out which visa bulletin chart is related to your category type. 
• Locate the cut-off date for your country of birth. 
• Compare your priority date with the bulletin’s final action dates and filing dates.
• You can file your application if your priority date is before the bulletin’s cut-off or if it’s marked C. 
• Regularly check the bulletin for monthly updates on cut-off dates and trends in your category. 
• Work with a reputable immigration lawyer to ensure accurate and timely filings. 

Plan Your Visa Applications Accordingly With ALG Lawyers

Staying informed about the Visa Bulletin can help you effectively manage expectations about green card timelines. With the allocation percentages and categories it provides, you can plan visa applications accordingly and optimize your chances of success. 

Even so, you’ll need an experienced immigration lawyer to assess your green card eligibility based on your priority date and the current visa availability. Our team at ALG Lawyers offers expert guidance to ensure your application adheres to the latest updates. Schedule a consultation to get the assistance you need.