Published: January 23, 2025
Are you pursuing a family-sponsored visa or an employment-based visa? Either way, understanding the role of priority dates is crucial in assessing whether you’re eligible for lawful permanent residency within these US visa preference categories.
Your priority date must become current before you can submit your application for an immigrant visa or adjustment of status. Each month, the US Department of State (DOS) publishes the Visa Bulletin indicating the priority dates that have become current. You can submit your green card application once your immigrant petition is current.
The length of the waiting period will depend partly on your specific visa category and the number of applicants. Exploring how priority dates work, what the Visa Bulletin entails, and the factors affecting the processing time can help you know what to expect.
Understanding How Priority Dates Work
There’s a cap on the number of immigrant visas available every year. The DOS uses the priority date to identify your position in the visa queue in a particular year. It refers to the initial filing date of your green card application.
Even after the USCIS approves your initial visa petition, you can’t proceed until your priority date becomes current. How the priority date is established depends on the type of petition you filed. However, generally, it can be generated through one of the following:
- The US Department of Labor received a labor certification application from your employer
- USCIS received the petition filed by your US citizen or lawful permanent resident family member
Consistent monitoring every month is crucial once you have a priority date. Suppose the priority date isn’t currently available, you must wait until it’s listed in the Visa Bulletin. It’s your primary source of information on visa waiting periods, providing a comprehensive list of priority dates for different immigration categories and countries of origin.
What the Visa Bulletin Means for You
The Visa Bulletin can be challenging to understand at first look. But you can easily navigate it when you understand its structure and critical components. You can find the following cutoff dates for family-sponsored and employment-based preferences charts every month.
- Dates for Filing: This chart indicates when you’re eligible to file your adjustment of status application. Applications whose priority dates are on or earlier than the Date for Filing specified for their category can proceed to the next step in the application process.
- Final Action Date: This chart determines when your visa will be available and issued. Green card applications cannot be approved unless your priority dates fall before the Final Action Date.
Two options are available when your priority date is current. Suppose you’re already residing in the US. You can submit an application to adjust your status. Meanwhile, if you’re currently outside the US, you can file an application for an immigrant visa.
How Long Will Your Priority Date Become Current
The government releases a monthly Visa Bulletin to show how long each category’s wait times are. But it can’t give you the exact waiting period as it varies depending on your category and the number of applicants ahead of you. You can get a better sense if you monitor patterns in your category over several months.
Ideally, cutoff dates will progress significantly between monthly bulletins. That could mean the DOS either overestimated the number of visa applications or processed them faster than initially anticipated. However, it’s worth noting that the following factors can also lead to longer waiting periods or cause unexpected delays:
- Visa caps for high-demand countries like India and China often result in longer wait times for applicants.
- Changes to immigration legislation can impact the availability of visas, which can affect how quickly priority dates advance.
- The specific visa preference can also affect wait times since each category differs in demand and annual limits established by Congress.
Take the Necessary Steps With ALG Lawyers
Waiting for your priority date can be frustrating, but it will be more manageable if you stay informed and prepared. Once your priority becomes current, it’s essential to take action promptly. Otherwise, the US government will proceed to the next application in line.
Our team at ALG Lawyers, Los Angeles immigration lawyers, is ready to help, whether you’re uncertain about your current status or need guidance on proceeding with your green card application. Connect with our law firm to discuss your immigration concern and take the necessary steps.