Let’s explore the concept of the US Visa Bulletin and get to know its importance for those seeking EB-1 or EB-2 immigration visas.
1. What Exactly Is the Visa Bulletin?
2. How Does the Bulletin Help EB-1 and EB-2 Visa Applicants?
3. How Can I Use the Visa Bulletin?
4. US Bulletin Results for February 2024
The US immigration system imposes a limit on the number of visas it issues in certain categories. The annual quota for all work visas is 140,000. As demand surpasses this supply, queues form. To gauge the size and flow of these queues, attorneys and applicants refer to the Visa Bulletin. This bulletin, published monthly by the US government, details the availability of immigration visas in several categories, including family, work immigration, and the green card lottery.
It's crucial to differentiate between non-immigrant and immigrant visas. For instance, the O-1 visa is a non-immigrant visa that permits a temporary stay in the US, while EB-1 and EB-2 visas are immigrant visas that convert to green cards upon entry, granting permanent residency. As such, the EB-1 and EB-2 categories are subject to quotas. The Visa Bulletin essentially serves as an electronic queue, indicating who can currently apply for a visa.
EB-1 and EB-2 are employment-based visas for professionals.
The EB-1 visa is designed for individuals with exceptional achievements in nearly any field, such as professors, researchers, managers, and executives of international companies.
The EB-2 NIW (National Interest Waiver) visa is for individuals with advanced education, exceptional skills in any field, and whose work is within the national interests of the USA.
Applicants must submit a petition demonstrating their exceptional skills in a specific field. Once approved, the applicant joins a queue of others seeking the visa. The speed of this queue can be tracked on the Visa Bulletin.
The Visa Bulletin is published mid-monthly and provides a forecast for the following month. For instance, a bulletin released on December 4, 2023, provides a forecast for January 2024. If the immigration category is listed as “current,” a visa interview can be scheduled for February 2024.
Examine your documents: your petition (Form I-797) includes not only a case number but also a Priority Date. This is the date you filed the petition and represents your position in the queue.
Open the Visa Bulletin and locate the "Employment-Based Preferences" section under item "A." Here, you'll find a table titled "FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES." Within this table, look for the visa category you require: "1st" means EB-1, and "2nd" means EB-2.
In the column names, locate the relevant country. Most are grouped into one column as “All Chargeability Areas Except Those Listed.” Only a few, such as India, China, Mexico, and the Philippines, have individual columns due to the high volume of applicants.
The Final Action Date is displayed in the bulletin. This is the latest date for filing petitions, known as the "Priority Date", on which decisions are currently being made.
Compare your Priority Date (found on Form I-797) with the Final Action Date (listed in the bulletin). If your Priority Date is earlier than the Final Action Date, then USCIS can start considering your visa application. If your date is later than the one in the bulletin, you'll need to wait for the next monthly update. For instance, if the table displays the date "01NOV22," it indicates that visas are now being granted to those who submitted their petition before November 1, 2022.
Table cells might also include letters. "C" (current) indicates there's no waiting list for this visa category and applicants can apply immediately. "U" (unavailable) signifies that visas in this category are unavailable due to their limit being reached, and applicants must wait for the next update.
Next, under the item "B," look for the table titled "DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS." You can repeat the same process as above.
So, what distinguishes this table from the "Final Action Date" table?
The "Filing Dates" table indicates the latest petition dates ("Priority Date") which allow holders to start the process of filing for an immigrant visa application (Form DS-260) or make a status change request (Form I-485). However, these cases won't get approved until the queue reaches the date on the "Final Action Dates" table. Therefore, it is crucial to refer to both tables to determine when to submit forms DS-260/I-485 and when your case may be approved.
The visa application needs to be submitted within the specified month, accompanied by several additional steps such as fingerprinting, a medical examination, and an interview if necessary. If you're currently in the USA on legal grounds (on a B1/B2 tourist visa or an O-1 work visa, for example), you can apply for a status change (form I-485) from non-immigrant to immigrant. If you're abroad and applying through an American consulate, you'll need to submit Form DS-260.
Let’s go over those who applied for all those applicants except those from China, India, Mexico, and the Philippines.
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