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A Step-by-Step Guide to USING the Visa Bulletin
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UNDERSTANDING THE VISA BULLETIN for IMMIGRATION SUCCESS
Why Using the Visa Bulletin Matters
The Visa Bulletin, published monthly by the U.S. Department of State, tells families and workers waiting for green cards when they can take the next step in their immigration process. Because U.S. immigration law limits the number of green cards issued each year by category and country, not everyone can apply right away. The Visa Bulletin shows who is eligible now and who must wait.
Kennedy Law relies on the Visa Bulletin to help clients prepare, stay eligible, and act quickly when a chance opens.
Step 1. Know Your Category
Your case type determines your “preference category”:
Family-based: I-130 petitions for children, spouses, parents, or siblings of U.S. citizens or permanent residents.
Employment-based: I-140 petitions, which are divided into five subcategories:
- EB-1: Persons of extraordinary ability, outstanding professors or researchers, and certain multinational executives or managers.
- EB-2: Professionals with advanced degrees or individuals with exceptional ability (including NIW cases).
- EB-3: Skilled workers, professionals, and other workers.
- EB-4: “Special Immigrants” — this includes religious workers, certain U.S. government employees, and Special Immigrant Juvenile Status (SIJS) applicants with approved Form I-360 petitions. SIJS cases always follow EB-4 in the Visa Bulletin.
- EB-5: Investors who create U.S. jobs through a qualifying investment.
Step 2. Find Your Country of Chargeability
Most people are “charged” to their country of birth. Some countries (India, China, Mexico, the Philippines, El Salvador, Guatemala, Honduras) face longer waits due to high demand. When a visa category for a given country hits its annual cap, DOS calls it “oversubscribed.” That’s why Mexico, the Philippines, India, China, and the Northern Triangle countries often have their own separate, slower-moving cutoff dates.
Step 3: Understand the Two Charts
Each Visa Bulletin has two key charts:
- Final Action Dates (Chart A): When visas can actually be issued or green card cases approved.
- Dates for Filing (Chart B): When applicants may file paperwork early, even if the green card isn’t available yet.
Each month, USCIS announces which chart you can use if you are applying inside the U.S.
Step 4: Compare Your Priority Date
Your priority date is your “place in line.” For family cases, it is the date USCIS received your I-130. For employment cases, it is the date USCIS received your I-140, or the date the Department of Labor accepted your PERM labor certification.
- For family cases, it is the date USCIS received your I-130.
- For employment cases, it is the date USCIS received your I-140, or the date the Department of Labor accepted your PERM labor certification.
Compare your priority date to the Visa Bulletin:
- If your date is earlier → your case is current.
- If your date is later → you must wait until the Bulletin advances.
What “Current” and “Unavailable” Mean
Dates may:
- Advance: More visas available → line moves forward.
- Freeze: No forward movement that month.
- Retrogress: Demand is too high → dates move backward.
Current (“C”) : There are immigrant visas available for everyone in that category and country. You can move forward immediately with adjustment of status in the U.S. or consular processing abroad (if you meet all other requirements). For many applicants, this also opens the door to work permits (EADs) and travel documents (advance parole).
Unavailable (“U”): If the Visa Bulletin shows “U” for your category and country,no immigrant visas are available that month.
- If you have not yet filed:
- You cannot file Form I-485 in the U.S. or complete consular processing abroad until the category reopens.
- If you already filed Form I-485 when your category was current:
- USCIS will hold your case if the category retrogresses (moves backward).
- You can usually still receive EADs and advance parole while your case is pending.
- The green card itself cannot be approved until your date becomes current again.
- This does not cancel your petition — it simply means your “line” is paused.
🔷 ➤ Unavailable is temporary, but unpredictable. Checking the bulletin each month is essential — and October (the start of the government’s fiscal year) is often when categories reopen.
Step 5: Recognize the Risks: Planning & Management
Understanding the Visa Bulletin isn’t enough — planning around it is essential. Dates can move forward, stay frozen, or even retrogress (move backward). This creates risks for families and employers alike:
- Retrogression risk: Retrogression may delay adjustment filings, impacting work authorization and travel plans. Filing early when eligible may protect work authorization and travel benefits. Waiting can mean lost time.
- Family risk: Children may “age out” at 21. Legal strategies (like the Child Status Protection Act) can sometimes preserve eligibility.
- Employment risk: Workers may need to extend H-1B or other visas while waiting.
- Timing risk: Missing your window to file when “current” can mean waiting months or years longer.
When is the Visa Bulletin released?
The Visa Bulletin is usually published two to three weeks before the month it applies to. For example, the June Bulletin is released in the middle of May. Checking mid-month ensures you see the latest update.
Step 6: Plan Ahead Strategically
The Visa Bulletin is a planning tool — but only if you use it wisely.
- Families: Prepare birth, marriage, and police records early so you are ready to file the moment your date becomes current.
- Workers: Coordinate with employers to preserve valid status until you can adjust.
- Everyone: Track the Bulletin monthly and prepare for movement in advance, not at the last minute.
The Kennedy Law Advantage
Most people only see numbers on a chart. At Kennedy Law, we see opportunity.
- Affordable: We minimize overhead and marketing costs so your legal fees stay within reach — without compromising quality.
- Experienced: Practicing immigration law since 2001, with proven results in family, employment, and humanitarian cases.
- Strategic: We position your case to file at the right time, protect your family from risks like retrogression, and seize opportunities when categories advance.
- Proven Results: Kennedy Law has helped families navigate long EB-4 backlogs for SIJS applicants, coordinated filings for family-based petitions in oversubscribed categories, and advised employment-based professionals through retrogression — always positioning cases to move forward at the earliest opportunity.