USCIS Visa Bulletin Guide for Employment-Based Visas

The U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State publish the monthly Visa Bulletin on the Department of State’s website to estimate immigrant visa availability

This monthly publication by the U.S. Department of State is essential for those seeking green cards (lawful permanent resident status). While the Visa Bulletin applies to all immigrant visa categories (employment-based and family-based), 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?

There are annual limits on the number of immigrant visas per country of birth, creating a kind of waiting list or backlog. 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 and helps manage the number of immigrant visas issued each fiscal year. It provides two main charts:

• Final Action Dates: When the government can issue a green card (approve a Form I-485 which is the Application to Register Permanent Residence or Adjust Status).
• Filing Chart: When applicants may submit paperwork, even if the case cannot yet be finalized.

Key Components and How to Find Them

1. Priority Date:  The priority date 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 (Immigrant Petition for Alien Worker).
   • 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
     
     

Each applicant is subject to chargeability based on their country of birth. Countries like India, China, Mexico, and the Philippines often face longer processing times due to high demand and earlier cut-off dates.

Sometimes, the current visa bulletin moves dates backward instead of forward. This is called visa retrogression, leading to longer wait times in the immigration process. It means that the visa category been oversubscribed.

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. The "Final Action Dates" section determines when an immigrant visa can be issued or when an adjustment of status application can be approved.
   
   You can review which is applicable to the current month on the USCIS website.
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.

Let’s say you filed an EB-1A petition on January 10, 2022, and your country of birth is India. In the September 2025 Visa Bulletin, the Final Action Date for EB-1A India is listed as 15FEB22.

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Since your priority date (10JAN22) is earlier than the cut-off date (15FEB22), your immigrant visa is considered available. You can move forward with your adjustment of status application (Form I-485) or through consular processing at a U.S. consulate.

If instead your priority date were March 5, 2022, it would be later than the cut-off date. In that case, you would remain in the waiting list (or backlog) until the Visa Bulletin advances past your date in a future month.