Parsing the Visa Bulletin – What is your Priority Date and When Will You Finally Get Your Green Card?
The Visa Bulletin is a monthly publication by the U.S. Department of State (DOS) that provides critical information on the availability of immigrant visas (aka green cards). It is an essential tool for people seeking to immigrate permanently to the United States.
The Visa Bulletin https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-july-2025.html helps manage the demand for visas by setting cut-off dates for oversubscribed categories and countries. This ensures that green cards are issued within the limits set by Congress.
The differences in cut-off dates arise because some countries (like India and China for employment-based, and Mexico and the Philippines for family-based) have much higher demand for green cards than others, leading to backlogs and the need to impose cut-off dates to manage the allocation of available visas.
By providing a monthly update on visa availability, the Visa Bulletin offers predictability to applicants, allowing them to plan their immigration process more effectively. It helps nonimmigrant workers seeking permanent residency to estimate when they might be eligible to apply for adjustment of status.
Visa Availability: The Visa Bulletin lists the availability of immigrant visa numbers for family-sponsored and employment-based categories. It indicates whose Priority Dates are current in each category, meaning who is eligible to put in their green card application now.
Priority Dates: The priority date is typically the date when the immigrant petition was filed or when the labor certification was accepted.
Per-Country Limits: The Immigration and Nationality Act (INA) imposes a per-country limit on the number of immigrant visas that can be issued to nationals of any single country. This is to prevent any one country from dominating the allocation of visas. When the demand for visas from a particular country exceeds its per-country limit, that country becomes "oversubscribed," and a cut-off date is established to manage the queue of applicants.
Oversubscription: When a category or country is oversubscribed, only applicants with a priority date earlier than the cut-off date may be issued visas. This is why the Visa Bulletin shows different cut-off dates for different countries, reflecting the varying levels of demand and backlog for each country.
Different Lists for Employment-Based and Family-Based Visas: The list of countries with specific cut-off dates differ between employment-based and family-based categories due to differences in demand patterns. For example, India and China have higher demand in employment-based categories, leading to longer backlogs for them compared to other employment-based applicant. For family-based green cards, Mexico and the Philippines have higher demand than other countries, so they wait the longest.
Compare the EB-2 India Backlog to Everyone Else
In July 2025, the government is accepting I-485 Adjustment of Status applications from EB-2 Indian applicants who started their green card process by January 1, 2013, but an EB-2 applicant from Europe, South America, Africa, or Australia would only have to have started their green card process a whole decade later, by October 15, 2023, to be eligible to file their Adjustment of Status application now. The EB-2 category is for professionals with advanced degrees, persons of exceptional ability, and they get just over a quarter of the employment-based green cards per year (approximately 40,000 out of the 140,000 overall employment-based green cards).
China is the only country besides India that has a longer EB-2 backlog than everyone else.
Compare the F1 Mexico Backlog to Everyone Else
Likewise, in July 2025, the government is accepting I-485 Adjustment of Status applications from F1 Mexico applicants who started their green card process by April 22, 2005, but an F1 applicant from Europe, South America, Africa, or Australia would only have to have started their green card process 11 years later, by July 15, 2016, to be eligible to file their Adjustment of Status application now. The F1 category is for the unmarried adult dons and daughters of U.S. citizens, and they share a pool of 23,400 green cards per year.
The Philippines in the only country besides Mexico that has a longer F1 backlog than everyone else.
What is your Priority Date?
Your Priority Date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS). If a labor certification is required, the Priority Date is the date the Department of Labor accepted the labor certification for processing.
The primary document that shows your Priority Date is the I-797 Approval Notice for your Form I-140, Immigrant Petition for Alien Worker. This notice will explicitly state the Priority Date, which is typically the date your employer filed the labor certification with the Department of Labor or, if no labor certification is required, the date the I-140 petition was filed with USCIS.
If a labor certification was required, the Priority Date is the date the Department of Labor accepted the labor certification for processing.
If you have multiple approved I-140 petitions with different Priority Dates, you are generally entitled to use the earliest Priority Date. This is known as priority date retention, and it allows you to retain the earliest date from any approved I-140 petition, provided there is no fraud, willful misrepresentation, or material error involved.
The earliest-established Priority Date is transferable to subsequent petitions, even if the initial petitioning employer withdraws the I-140 or the business ceases to exist, as long as there is no fraud or gross error.
Priority Date Retention: The ability to retain the earliest Priority Date is a significant advantage, especially for applicants from countries with long wait times. This retention is applicable across different employment-based categories (EB-1, EB-2, EB-3) and is crucial for managing the timing of your application for adjustment of status or an immigrant visa.
Impact of Revocation or Withdrawal: Even if an I-140 petition is withdrawn by the employer or the business ceases to exist, the Priority Date can still be retained unless the petition was revoked due to fraud or a material error.
Which Category is Yours on the Visa Bulletin?
To determine which category you are in on the Visa Bulletin, you need to identify the type of immigrant petition filed on your behalf and the preference category it falls under. The Visa Bulletin is divided into two main sections: Family-Sponsored Preferences and Employment-Based Preferences. Each section lists various categories, each with its own set of priority dates.
Identify Your Petition Type
Family-Sponsored Preferences: If your petition is based on a family relationship, such as a Form I-130, Petition for Alien Relative, you will fall under one of the family-sponsored categories. These include immediate relatives of U.S. citizens and various preference categories for other family members.
Employment-Based Preferences: If your petition is based on employment, such as a Form I-140, Immigrant Petition for Alien Worker, you will fall under one of the employment-based categories. These include EB-1 for priority workers, EB-2 for professionals with advanced degrees or exceptional ability, and EB-3 for skilled workers, professionals, and other workers.
Look at Your Approval Notice
The I-797 Approval Notice for your petition will indicate the specific category under which your petition was approved. This document is crucial for confirming your category.
Consult the Visa Bulletin
Once you know your category, consult the Visa Bulletin to find the relevant section. The Visa Bulletin is published monthly by the U.S. Department of State and can be accessed online.
Locate your category in the appropriate section (Family-Sponsored or Employment-Based) and find the corresponding priority date for your country of chargeability.
Family-Sponsored Categories
Family-sponsored immigration is divided into several preference categories, each with specific eligibility criteria:
Immediate Relatives: Spouses, unmarried children under 21, and parents of U.S. citizens. This category is not subject to numerical limits, and visas are always immediately available, os it does not appear on the Visa Bulletin.
First Preference (F1): Unmarried sons and daughters (21 years of age and older) of U.S. citizens.
Second Preference (F2): There are two different second preference groups with their own cut-off dates.
F2A: Spouses and unmarried children (under 21 years of age) of lawful permanent residents (LPRs).
F2B: Unmarried sons and daughters (21 years of age and older) of LPRs.
Third Preference (F3): Married sons and daughters of U.S. citizens.
Fourth Preference (F4): Brothers and sisters of U.S. citizens, provided the U.S. citizen is at least 21 years old.
Employment-Based Categories
Employment-based immigration is divided into five preference categories, each with specific eligibility criteria:
First Preference (EB-1): Priority workers, including persons with extraordinary ability (EB-1A), outstanding professors and researchers (EB-1B), and multinational managers or executives (EB-1C).
Second Preference (EB-2): Members of the professions holding advanced degrees or individuals with exceptional ability in the sciences, arts, or business. This category includes people with National Interest Waivers.
Third Preference (EB-3): Skilled workers, professionals, and other workers (unskilled workers).
Fourth Preference (EB-4): Certain special immigrants, including religious workers and special immigrant juveniles (SIJs).
Fifth Preference (EB-5): Immigrant investors who invest a substantial amount of capital in a new commercial enterprise that creates jobs for U.S. workers.
Final Action Dates vs. Date for Filing – Which One Matters for You?
The monthly Visa Bulletin always includes two key charts for each visa preference category: the "Final Action Dates" chart and the "Dates for Filing" chart. These charts are crucial for determining when applicants can proceed with their immigration applications.
Applicants can check the USCIS website to determine which chart applies for their filing in a particular month, as the DOS Visa Bulletin itself does not specify which chart to use. If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will state on the USCIS website that you may use the Dates for Filing chart. Otherwise, USCIS will indicate that you must use the Final Action Dates chart to determine when you may file your I-485 Adjustment of Status application. If your particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, you may file using the Final Action Dates chart during that month.
For July 2025, USCIS is using different charts for family-sponsored and employment-based preference categories. Specifically:
For family-sponsored preference categories, USCIS is allowing applicants to use the "Dates for Filing" chart.
For employment-based preference categories, USCIS requires applicants to go by the "Final Action Dates" chart.
The Final Action Dates Chart indicates when visas may be issued. It shows the cut-off dates for visa numbers, meaning that only applicants with a priority date earlier than the listed date are eligible to have their visas processed to completion. This chart is generally used to determine when an applicant can be scheduled for a consular interview or when their case can be finalized by the DOS or USCIS.
The Dates for Filing Chart provides the earliest dates when applicants may be able to submit their applications for adjustment of status. It allows applicants to assemble and submit required documentation if their priority date is earlier than the date listed on this chart. This chart is used when USCIS determines there are more immigrant visas available than there are known applicants, allowing for earlier filing.
What is Visa Retrogression?
Visa Bulletin retrogression occurs when the cut-off dates for visa availability move backward in time from one month to the next. This means that a priority date that was current in one month may no longer be current in the following month. Retrogression typically happens when the demand for visas in a particular category or from a specific country exceeds the number of visas available for that month.
Causes of Retrogression:
High Demand: Retrogression often occurs when there is a surge in demand for visas in a particular category or from a specific country, leading to more applications than there are available visas.
Annual Limits: Each visa category and country is subject to annual limits. When these limits are reached or are expected to be reached soon, retrogression can occur so that the government can manage the allocation of visas by cutting off new applicants.
Estimation Errors: The Department of State makes estimates of visa demand and availability. If these estimates are off, it can lead to retrogression as adjustments are made to align with actual demand.
Timing of Retrogression:
End of Fiscal Year: Retrogression is more likely to occur towards the end of the fiscal year (September), as the annual visa limits are approached and DOS adjusts the cut-off dates to prevent exceeding these limits.
Beginning of Fiscal Year: At the start of the fiscal year (October), a new supply of visa numbers becomes available, which often moves cut-off dates significantly forward again.
Visa Bulletin retrogression is a mechanism to manage visa demand and ensure compliance with annual limits. It is more likely to occur towards the end of the fiscal year (especially in the July, August and September Visa Bulletins) when visa numbers for that years are running low.
Can You Time Your Case Based on This Month’s Visa Bulletin?
In July 2025, the backlog for EB-2 Indians is 12 years. But assuming that the 12-year backlog in the Visa Bulletin means that someone whose labor certification application gets filed today will also have to wait 12 years is wildly unrealistic. The time it takes for a priority date to become current is influenced by multiple factors, and the backlogs in most categories have been increasing substantially over time.
Factors Affecting Wait Times:
Visa Demand and Supply: High demand in a particular category and limited supply causes the backlog to grow.
Per-Country Limits: The Immigration and Nationality Act imposes a per-country cap, limiting the number of visas issued to people born in any single country. This can lead to longer wait times for applicants from countries with high demand, such as India and China. In the employment-based categories and Mexico and the Philippines in the family-based categories.
Visa Retrogression: Sometimes, the cut-off dates in the Visa Bulletin move backward, a process known as retrogression. This can occur when the demand for visas exceeds the available supply, causing longer wait times.
Spillover Visas: Unused visas from other categories or countries can spill over to backlogged categories, potentially reducing wait times.
Policy Changes: Changes in immigration policy or legislation can also impact visa availability and processing times. For example, legislative changes that increase the number of available visas or alter per-country limits could affect wait times.
Surprise Factors: The last time that the Visa Bulletin progressed much faster than normal was triggered by the Covid-19 pandemic. The pandemic significantly impacted the Visa Bulletin by causing delays and backlogs in immigrant visa processing overseas that gave a short-term advantage to those applicants able to file I-485 Adjustment of Status applications from within the United States. These effects were due to the temporary suspension of routine visa services, reduced staffing, and operational constraints at U.S. Embassies and Consulates around the world.
In March 2020, the Department of State suspended all routine visa services, including the processing of applications for diversity visas, due to the pandemic. Only "mission-critical" visa services continued during this period. This suspension led to a significant backlog of visa applications, as many applicants were unable to proceed with their cases during the suspension period.
U.S. embassies and consulates faced staffing shortages and implemented social distancing measures. These constraints affected the ability to process visas at the usual pace, contributing to a temporary reduction in the number of immigrant visas issued.
With fewer visas being processed and issued abroad, the Department of State adjusted the Visa Bulletin to reflect the reduced demand for consular processing. This resulted in some categories advancing more quickly than usual, as the unused visa numbers were reallocated to other categories or regions. Many EB-2 and EB-3 applicants found their priority dates becoming current sooner than expected. Many applicants living in the United States were able to file their I-485 adjustment of status applications earlier than expected.
So, unexpected systemic disruptions like the COVID-19 pandemic can affect the Visa Bulletin and enable applicants to file their I-485 adjustment of status applications sooner than expected, or prevent applicants from getting their green cards as quickly as they had expected.
Estimating Your Wait Time
While the Visa Bulletin provides a snapshot of current backlogs, it is not a good predictor of future wait times. You can monitor the monthly updates to the Visa Bulletin to track changes in cut-off dates, but it takes deeper analysis to take into account how many people are ahead of you in your category, and how much the demand is outstripping supply in your category each year.
While today’s 12-year backlog for EB-2 India in the Visa Bulletin suggests a significant wait for Indians starting their green card process now, it does not mean they will also get a 12-year wait for new applicants. Various factors, including visa demand, per-country limits, retrogression, spillover visas, policy changes, and even surprise factors like a pandemic or other significant consular disruption can influence how long it takes for a priority date to become current. Most experts agree that the Visa Bulletin backlogs in most categories will continue to balloon as demand outstrips a fixed supply that Congress hasn’t expanded in decades.
The Immigration Act of 1990 was the most recent significant legislative change that increased the overall number of green cards available. It established the current framework for employment-based and family-based immigration categories and set the annual limits that are still in place decades later.
Understanding the Diversity Visa Timeline
Reading the Visa Bulletin for Diversity Visas involves understanding how the U.S. Department of State allocates visa numbers to applicants selected through the Diversity Visa (DV) lottery. The Visa Bulletin provides information on the availability of visa numbers for DV applicants and indicates when they can proceed with their visa applications.
The Diversity Visa program, as outlined in the Immigration and Nationality Act, allows individuals from countries with low rates of immigration to the United States to apply for a visa. Each fiscal year, a certain number of applicants are selected through a lottery system.
The Visa Bulletin includes a section specifically for Diversity Visas, which lists the cut-off numbers for each region. These numbers indicate the rank of the last applicant who is eligible to apply for a visa in that month. The regions are divided into six geographic areas: Africa, Asia, Europe, North America, Oceania, and South America, Central America, and the Caribbean.
Each month, the Visa Bulletin publishes the cut-off numbers for each region. Applicants with a rank number below the cut-off number for their region are eligible to proceed with their visa applications. If an applicant's rank number is above the cut-off, they must wait until a future month when their number becomes eligible.
Timing is critical for DV applicants, as they are only entitled to apply for visa issuance during the fiscal year for which they were selected. The Visa Bulletin helps applicants determine when they can submit their applications based on their rank number and the published cut-off numbers.
To read the Visa Bulletin for Diversity Visas, look at the section for Diversity Visas and check the cut-off numbers for your geographic region. If your rank number is below the cut-off, you can proceed with your immigrant visa application of I-485 Adjustment of Status application.
If you apply for a green card under the Diversity Visa (DV) program but it is not issued by the end of the fiscal year, you will lose your eligibility to receive the visa. The rules governing the DV program are strict, and the issuance of visas is bound by the fiscal year in which you were selected.
The Diversity Visa program operates on a strict fiscal year basis. According to U.S. law, diversity visa selectees must complete the visa issuance process by the end of the fiscal year for which they were selected. The fiscal year ends on September 30th.
If a diversity visa is not issued by the end of the fiscal year, the applicant loses eligibility for that visa. This is an uncompromising deadline, and no visas can be issued after this date, regardless of the circumstances.
The law does not allow for extensions or exceptions to this deadline. Even if an applicant has submitted all required documents, filed a lawsuit, or obtained preliminary relief, they must receive the visa before the fiscal year ends. Otherwise, they are out of luck.
The same rules apply to spouses and children who are derivative applicants under the principal DV selectee. They must also receive their visas by the end of the fiscal year, or they will lose eligibility.
If a diversity visa is not issued by the end of the fiscal year, the applicant and any derivative family members lose their eligibility to receive the visa. The deadline is strict, and no exceptions are made. It is crucial for DV selectees to ensure that all steps in the visa process are completed in a timely manner to avoid missing this deadline, but even prompt action does not guarantee success.
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