Visa Bulletin Explained: Priority Dates Guide

Congress set annual numerical limits on immigrant visas under INA section 201. Family preference categories collectively receive approximately 226,000 visas per year. Employment based categories receive approximately 140,000 visas per year. The diversity visa program receives up to 55,000. Additionally, INA section 202 limits any single country to approximately 7% of the total for each preference category. When demand exceeds supply in a particular category and country combination, a backlog forms. The Visa Bulletin is the mechanism for managing these backlogs. It assigns priority dates to each applicant (based on when their petition or labor certification was filed) and then publishes cutoff dates showing which priority dates are currently eligible for processing. Only applicants whose priority date is before the published cutoff date may proceed. The Visa Bulletin is published around the middle of each month and takes effect on the first day of the following month. For example, the May 2026 Visa Bulletin is published in mid April 2026 and governs visa availability from May 1 through May 31, 2026. The bulletin is available at travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html.

Each Visa Bulletin contains two charts for both family sponsored and employment based categories. Application Final Action Dates: this chart shows the cutoff dates for when visas will actually be issued. If your priority date is before the date shown in this chart for your category and country, a visa number is available and your case can be finally adjudicated (green card issued, immigrant visa stamped). Dates for Filing: this chart shows earlier cutoff dates that indicate when applicants may submit their adjustment of status (I 485) or immigrant visa application, even if a visa number is not yet available for final action. Filing early allows applicants to receive interim benefits such as an Employment Authorization Document and advance parole while waiting for the final action date to become current. Each month, USCIS announces whether AOS applicants should use the Final Action Dates chart or the Dates for Filing chart for determining when to submit their I 485. This determination depends on visa number availability and USCIS processing capacity. The announcement is published on the USCIS website under the "When to File" page. Consular processing applicants use the Dates for Filing chart as determined by the NVC.

Your priority date determines your place in line. The assignment depends on the category: Family based cases (I 130): the priority date is the date USCIS receives the I 130 petition. Immediate relatives of U.S. citizens do not receive a priority date because they are not subject to numerical limits; their visas are always available. Employment based cases with PERM labor certification (EB 2, EB 3): the priority date is the date the Department of Labor receives the ETA 9089 PERM application. Employment based cases without PERM (EB 1, EB 2 NIW, EB 5): the priority date is the date USCIS receives the I 140 or I 526E petition. Diversity visa: selectees do not have a priority date in the traditional sense. Their visa availability is determined by their DV case number, which is processed in numerical order during the fiscal year. Priority date retention and portability are important concepts. Under INA section 203(h)(3) and USCIS policy, a priority date from an approved petition can sometimes be retained even if the applicant changes employers or preference categories. For example, an applicant with an approved EB 3 petition may "port" their EB 3 priority date to a new EB 2 petition, using the earlier date.

Visa Bulletin charts are organized by preference category (rows) and country of chargeability (columns). The standard columns are: All Chargeability Areas Except Those Listed, China (mainland born), El Salvador/Guatemala/Honduras, India, Mexico, and the Philippines. These countries are broken out because they historically generate the highest demand for immigrant visas. Your country of chargeability is generally your country of birth, not your country of citizenship or current residence. A person born in India who later became a citizen of Canada is still chargeable to India for Visa Bulletin purposes. Cross chargeability is available in limited circumstances under INA section 202(b). A husband or wife may be charged to the other spouse's country of birth if doing so would provide an earlier priority date. For example, an India born applicant married to a UK born spouse could potentially use the UK (All Chargeability) column if the UK spouse is the principal applicant or if cross chargeability rules apply. When a chart shows a specific date (such as "01JAN20"), only applicants with priority dates before January 1, 2020 may proceed. When a chart shows "C" (current), all applicants in that category and country may proceed regardless of priority date. When a chart shows "U" (unavailable), no visas are available and no applicants may proceed.

As of April 2026, the most severely backlogged categories include: EB 2 and EB 3 for India born applicants: priority dates are in the 2012 to 2014 range, meaning applicants filed their labor certifications over a decade ago and are still waiting. The annual per country limit of approximately 7% creates a structural bottleneck for India, which generates far more demand than available visas. EB 5 unreserved for China (mainland born): priority dates are in the 2015 to 2016 range. The EB 5 set aside categories (rural, high unemployment, infrastructure) introduced by the Reform and Integrity Act of 2022 have remained current since their creation, providing a faster alternative for Chinese investors. F4 (siblings of U.S. citizens) for the Philippines and Mexico: wait times exceed 20 years. F2B (unmarried adult children of LPRs) for Mexico: wait times approach 20 years. Retrogression occurs when the State Department moves cutoff dates backward to manage visa number allocation within the annual limits. This can happen when more applicants than expected file in a given month or when projected demand exceeds available visa numbers for the remainder of the fiscal year. Retrogression is frustrating but temporary; dates typically advance again in subsequent months.

Applicants facing multi year backlogs have several options to consider: File in a set aside category: for EB 5 investors, the rural, high unemployment, and infrastructure set asides under the RIA have remained current. Investors from China and India benefit most from these categories. Upgrade preference categories: an EB 3 applicant may be eligible for EB 2 (through a new job requiring an advanced degree or through a National Interest Waiver). EB 1 has historically had shorter wait times than EB 2 and EB 3 for all countries. Cross chargeability: if your spouse was born in a country with shorter wait times, explore whether cross chargeability applies to your case. Monitor the Visa Bulletin monthly: dates can advance unexpectedly when visa numbers become available due to lower than projected demand in other categories. Being ready to file quickly when dates advance can save months. File under the Dates for Filing chart when available: even if the Final Action Date has not reached your priority date, filing under the Dates for Filing chart allows you to receive interim benefits (EAD and advance parole) and establishes protection against aging out for derivative children under the Child Status Protection Act.