Figuring out when you are eligible to file your I-485 or apply for a green card at a U.S. consulate can be quite mystifying! This blog will teach you how to find your priority date and how to determine if it is “current” or not.
First, let’s review some terminology.
Visa Bulletin: The Department of State issues a notice each month, which dictates who may apply for a green card either by filing an I-485 Adjustment of Status application or by applying for an immigrant visa at a U.S. consulate in that given month. This notice is called the “Visa Bulletin” and is found here. The visa bulletin exists because the U.S. government can only give out a certain number of green cards each year and there are many rules about how those green cards can be allocated. The visa bulletin tells you when it is your turn to apply for a green card.
Priority Date: The priority date is the date that the I-130, I-360, I-140 (for EB-2 NIW and EB-1), or PERM (for EB-2 and EB-3) was filed. You can find your priority date by looking on the I-130, I-360, or I-140 receipt notice.
For example, on the Approval Notice below, the priority date is January 20, 2022.
Family Preference Category: Some family-based green card cases are divided into family preference categories, who must wait for their priority date to become current per the visa bulletin in order to apply for a green card. The Family Preference categories are as follows:
| Preference Category | Definition of Category |
| F1 | Unmarried Sons and Daughters (21 years of age or older) of U.S. Citizens |
| F2A | Spouses and Children (under 21 years old) of Permanent Residents |
| F2B | Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents |
| F3 | Married Sons and Daughters (21 years of age or older) of U.S. Citizens |
| F4 | Brothers and Sisters of Adult U.S. Citizens |
Immediate Relative: If you are the spouse or child (under 21 years of age) of a U.S. Citizen, or the parent of a U.S. Citizen (when the Citizen is 21 years of age and older), you are considered an “immediate relative” of a U.S. Citizen. Immediate relatives do not have to wait for their I-130 priority date to become current per the visa bulletin, but rather may apply for a green card at any time.
Employment Preference Category: Employment-based green card cases are similarly divided into employment preference categories. The Employment Preference categories are as follows:
| Preference Category | Definition of Category |
| EB-1 | Priority workers, including workers with extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives. |
| EB-2 | Workers whose jobs require a master’s degree or higher or exceptional ability (including requests for National Interest Waivers). |
| EB-3 | Workers whose jobs require a bachelor’s degree or higher or 2+ years of experience. |
| EB-3 Other Worker | Workers whose jobs require less than 2 years of experience. |
| EB-4 | Special immigrants, which includes religious workers, Special Immigrant Juveniles, certain employees of international organizations and others. |
| EB-5 | Investors |
Date of Filing vs. Final Action Date Tables: On the Visa Bulletin Website there are two tables for the family preference categories and two tables for the employment preference categories. These tables are called the “Date of Filing” table and the “Final Action Date” table. The tables are divided by visa category and by country. Each month, the federal government determines which table must be used to determine if a priority date is “current”. This is announced on the Visa Bulletin Website on USCIS’s website. However, even if an immigrant may file their I-485 or start their consular processing case based on the “Date of Filing” table, the case will not be approved until the priority date is “current” per the “Final Action Date” table. These tables do change from month to month.
What does it mean for a priority date to be “current”? When the priority date is before the date listed on the appropriate table for the appropriate visa category and appropriate country, that priority date is considered “current.” Keep in mind that a priority date can progress or retrogress from month to month. If your priority date is current for a given month, you should contact your immigration attorney to ensure that you do not miss your chance to apply for a green card!
Steps to reading the Visa Bulletin:
- Determine your Priority Date.
- Determine which Preference Category you fall under based on the definitions above. For example, if you are the sister of a U.S. citizen, you fall under the F4 category. If you are the beneficiary of an employer-sponsored PERM whose job requires a master’s degree or higher, then you fall under the EB-2 category.
- Go to the Visa Bulletin Website on USCIS’s web page and review the guidance on if the Final Action Date Table or the Date of Filing table may be used in the given month.
- Click on the link to go to the Visa Bulletin for that month.
- Scroll down to your correct table.
- Find your preference category on the table.
- Find your country of birth on the table. (Note that only China, India, Mexico, and the Philippines are specifically listed, every other country falls under the category of “all Chargeability Areas Except Those Listed”).
- Look at the date that lies at the cross section of your preference category and country.
- Compare that date to your priority date. If your Priority Date is on or after the date on the Visa Bulletin, then your immigrant visa is not yet available, and you are not yet eligible to apply for a Green Card. If your Priority Date is before the date on the Visa Bulletin, then you are eligible to apply for a Green Card.
If you have any questions about the visa bulletin, feel free to schedule a consultation with our experienced Albuquerque and Santa Fe immigration attorneys at Vrapi Weeks!
