Understanding the Visa Bulletin

Many people call our office wanting to know how much longer they need to wait for their siblings to get their visa. The answer is in the Visa Bulletin, a publication put out by the U.S. State Department every month. The middle of every month, they print the data for the following month. The Visa Bulletin lists the Green Card (Lawful Permanent Resident) information for Family Based, Employment Based, and Diversity Visa (DV) Lottery priority Dates. The easiest way to find the Visa Bulletin online is simply type “Visa Bulletin” and it will take you to: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html, and then select the month you want to review.

Family

To file for a family member, the US Citizen (or LPR) sponsor will need to file a Petition for Alien Relative with USCIS. The date that it is accepted (received by them and the check is cashed) is the file’s Priority Date. The dates you will see below are the reflect the current priority date, meaning if your file’s priority date is prior (not the same or later), you can file for their LPR status.

In the Family Categories, the Immediate Family (Parents, Spouse, Unmarried children under 21 of a US Citizen) category has no Quota, so it is not listed. Visas for this group are always available, although the logistics takes about one year to actually get either work authorization (if applying in the US) or the green card (if applying at a consulate). The next category is F1 and that is for Unmarried Children of a US citizen over 21. This includes children that were married but are now divorced. The F2 category is for people with LPR (Green Cards) and has two (2) sub-categories. F2A is for the spouse and unmarried children under 21, and F2B is for unmarried children over 21. The F3 is for the Married Children of US Citizens (and includes their spouse and all their children under 21). The F4 is for Siblings. Below is the Data for August, 2024. Note that siblings are August 1, 2007. That means if you filed a petition for your sibling before August 1, 2007, then starting in August 1, 2024, your sibling may file their application for their green card. That is a 17-year wait at this point in time.

Family- Sponsored                                              All Chargeability Areas Except Those Listed

F1     ----------------------------------------------------   22OCT15

F2A   ----------------------------------------------------  15NOV21

F2B   ----------------------------------------------------   01MAY16

F3     ----------------------------------------------------   01APR10

F4     ----------------------------------------------------   01AUG07

Employment

In the Employment Categories, there are 5 levels that all have their own criteria.

The highest is the EB1, people with extraordinary abilities, meaning someone that has won the Nobel Prize, or something similar. If you can establish that you are nationally or internationally known and respected by your peers, you can apply for this category without a sponsor. You just have to promise to practice your expertise for two (2) years once you get the Green Card. The category is also for people that are L1A (an Intracompany transferee in an executive or managerial position) eligible, and they do not need to go through the Department of Labor recruitment process. In the EB1, if the position is in the sciences, the expectation is that the person has a PhD in the field. If the position is in the arts, there is no set educational expectation.

The EB2 category is for people with Advanced Degrees (Master or PhD), and those that have a skill that will benefit the nation as a whole (the National Interest Waiver-NIW). Those with NIW, get to skip the PERM Process (Department of Labor recruitment), and may also self-petition (do not need a sponsor). In this category a person with a 4 year degree and 5 years professional experience (accountant, architect, engineer, etc.) in that degree would be considered a Master equivalent.

The EB3 category is for people with either a 4-year degree or a 2-year degree. Foreign degrees will need to be evaluated by a recognized and approved USCIS company to confirm that the foreign degree is equal to the US degree. An apprenticeship can also be substituted if the occupation can be shown to require either a 4-year degree or 2-year degree in the United States. Afte the EB3 category is also the Other (unskilled) Worker category, which may not require a degree or experience.

The EB4 category is for religious workers, which would require at least two (2) years work with a charitable (501c3) religious institution.

The EB5 is the million-dollar investor.

For August, 2024, these are the priority dates. The letter “C” means “current” are that there is no quota hold, a letter “U” would mean “unavailable.” The Dates listed for the 2nd, 3rd, and Other Worker is the date that the Employer filed the Labor Certification (LC) request with the Department of Labor, it is not the date that the Petition for Alien Worker is filed with USCIS.

Employment Based                                                              All Chargeability Areas Except Those Listed

1st                     ----------------------------------------------------   C

2nd                   ----------------------------------------------------  15MAR23

3rd                    ----------------------------------------------------   01DEC21

Other Workers ----------------------------------------------------   01JAN21

4th                    ----------------------------------------------------   01JAN21

5th                     ----------------------------------------------------   C

DV Lottery

Every year we are told that this year will be the last year of the lottery, and if there is every any real immigration reform we do expect the program to end. The fiscal year for the Federal Government begins on October 1st of every year. Likewise, the DV lottery opens at the beginning of every year, but not always on the same date, and usually closes one month later. About 10-15 million people participate, and 100,000 people will get accepted. Because of the online scams, one learns if they were selected by checking their receipt number online in April or May of the following year. While 100,000 will receive notice of selection, only the first 50,000 will be given the status, as half of the “winners” are expected to be denied for various reasons. Many will simply not be ready to up-end their lives, and others will not have the education (high school) required. The third section of the Visa Bulletin will publish the current receipt number (issued when the selection is made) that is being accepted. If the number is low, it is highly likely that a green card will be issued. Likewise, if it is high, it is unlikely that a green card will be issued.

I hope this helps with understanding the quota requirements for obtaining LPR status and the role of the Visa Bulletin.