When the demand is higher than the supply of visas for a given year in any given category or country, a visa queue (a waiting list or backlog) forms. To distribute the visas among all preference categories, the Department of State (DOS) allocates the visas according to a prospective immigrant’s preference category, country of chargeability, and priority date.
DOS uses the priority date to determine an immigrant’s place in the visa queue. When the priority date becomes available, or is “current,” immigrants may be able to apply for adjustment of status (or apply for an immigrant visa with Department of State if they are outside the U.S.) and obtain lawful permanent resident status, if otherwise eligible.
Finding Your Priority Date
If you are a prospective immigrant, you can find your priority date on Form I-797, Notice of Action, for the petition filed on your behalf. The waiting time before receiving an immigrant visa or adjusting status depends on the:
• Demand for and supply of immigrant visas.
• Per-country visa limitations.
• Number of visas allocated for your preference category.
Priority Dates for Family-Sponsored Preference Cases
For family-sponsored immigrants, the priority date is the date the Form I-130, Petition for Alien Relative, is properly filed with United States Citizenship and Immigration Services (USCIS)—or in certain instances, the date the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant is properly filed with USCIS.
Priority Dates for Employment-Based Preference Cases
For employment-based immigrants, the priority date depends on the following:
• If your preference category requires a labor certification from the Department of Labor (DOL), your priority date is the date the DOL accepts the labor certification for processing. To preserve the priority date, the petitioner must file Form I-140, Immigration Petition for Alien Worker, with USCIS within 180 days of the DOL approval date on the labor certification—otherwise the labor certification is no longer valid.
• If your preference category does not require a DOL labor certification, your priority date is the date USCIS accepts Form I-140 for processing to classify the sponsored worker under the requested preference category.
• If you are a fourth preference special immigrant (including religious workers), USCIS accepts Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, for processing.
• If you are a fifth preference investor, your priority date is the date USCIS accepts Form I-526, Immigrant Petition by Alien Entrepreneur, for processing.
Checking Your Place in the Visa Queue
The Visa Bulletin allows you to check your place in the immigrant visa queue. The Visa Bulletin provides the most recent date for when a visa number is available for the different categories and countries for family-sponsored, employment-based, and diversity (lottery) visas. See the Visa Bulletin online at:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
A visa must be available before you can take one of the final steps in the process of becoming a lawful permanent resident. Because more prospective immigrants want lawful permanent residency than the limited numbers of immigrant visas allow, not everyone can immediately get an immigrant visa. How long you must wait depends on your priority date, preference category, and the country to which the visa will be charged.
If the demand for immigrant visas is more than the supply for a particular category and country of chargeability, DOS considers the category and country oversubscribed and must impose a cutoff date to keep the allocation of visas within the statutory limits.
A visa is available to you when your priority date is earlier than the cutoff date shown for your preference category and country of chargeability in the applicable chart in the Visa Bulletin, as described above in the Acceptance of Adjustment of Status Applications section.
For example, if the Visa Bulletin shows a date of 15DEC07 for China in the family preference category (F1), visas are currently available for immigrants who have a priority date earlier than December 15, 2007. Sometimes the demand for immigrant visas is less than the supply in a particular category and country of chargeability.
In this situation, the Visa Bulletin shows that category as “C”—meaning that immigrant visas are currently (immediately) available to all qualified adjustment of status applicants and overseas immigrant visas applicants in that particular preference category and country of chargeability.
If the Visa Bulletin shows “U” in a category, this means that immigrant visas are temporarily unavailable to all applicants in that particular preference category or country of chargeability.
The regulation of immigrant visas in the United States, including in the state of West Virginia (WV), is governed by federal law, not state statutes. When the demand for visas exceeds the supply in any given category or for a specific country in a year, a backlog or waiting list is created. The Department of State (DOS) allocates visas based on an immigrant's preference category, country of chargeability, and priority date. The priority date, which can be found on Form I-797, determines an individual's place in the visa queue. Once the priority date becomes current, the individual may apply for adjustment of status or an immigrant visa if outside the U.S. For family-sponsored immigrants, the priority date is set when Form I-130 or Form I-360 is filed with USCIS. For employment-based immigrants, the priority date varies depending on whether a labor certification is required, among other factors. The Visa Bulletin, available at https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html, provides updates on visa availability and allows individuals to check their place in the queue. Visa availability is subject to per-country limitations and the number of visas allocated for each preference category. If a category is oversubscribed, DOS will impose a cutoff date to manage the statutory limits. A visa is available when an individual's priority date is earlier than the cutoff date for their category and country of chargeability as shown in the Visa Bulletin. Categories with more visas than demand are marked 'C' for current, and those temporarily unavailable are marked 'U'.
