USCIS, in coordination with Department of State (State), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures State uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.
To this end, the U.S. State Dept. publishes a monthly visa bulletin which shows the present availability (or UN-availability, i.e. “backlog”) of Immigrant Visas, based on filing category and country of origin of the intended Beneficiary.
In the visa bulletin there are listed “Final Action Dates” (Section “A”) and “Dates for Filing Applications” (Section “B”), indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center in the United States, which pre-coordinates applications before these are forwarded to the intended consular post for final handling.
Here’s what each section means and why there might be discrepancies between them:
- Final Action Dates for Family-Sponsored Preference Cases (Section A): This section lists the dates by which a visa must become available for an applicant to be eligible for visa issuance. Essentially, the “Final Action Date” is the cutoff date that determines when an immigrant visa can be issued to an applicant within a particular category and country of chargeability. If your priority date (the date when your visa petition was filed) is before or matches the Final Action Date listed in the bulletin, your visa can potentially be issued, and you can move forward with final steps such as scheduling an interview at a U.S. consulate or embassy.
- Dates for Filing Family-Sponsored Visa Applications (Section B): This section indicates when intending immigrants may assemble and submit required documentation to the National Visa Center (NVC). If your priority date is before the date listed in this section, you can submit your visa application and supporting documents, even if your visa number is not immediately available. This does not mean your visa will be issued before the Final Action Date becomes current for your case, but it allows for earlier preparation and submission of necessary documentation.
Discrepancies between the two sections: The reason for the discrepancies between these dates is due to the U.S. Department of State’s attempt to manage visa demand within the numerical limits set by U.S. law. The “Dates for Filing” are typically earlier than the “Final Action Dates,” allowing applicants to prepare and submit their applications in advance. This can help expedite the overall processing time once a visa becomes available. The Department of State predicts visa availability and adjusts these dates monthly based on various factors, including application demand and the annual visa quotas.
Depending on the Department of State’s monthly assessment, these dates can change, and the gap between them can vary, impacting applicants’ planning and expectations.
Revision Date: March 2024.