FUNDAMENTALS OF THE VISA BULLETIN

The immigration and naturalization process in the United States dates back to the founding of the country. Through the years, clauses have been eliminated and modified to promote a more equitable process that uses a quota system to issue Immigrant Visas (Green Cards) based on preference category and birth country. This policy is detailed in the Immigration and Nationality Act (INA), which attempts to control rates of permanent immigration.   To adhere to the INA provisions, the Bureau of Consular Affairs of the Department of State issues a monthly publication entitled the Visa Bulletin, which details the number of immigrant visas available to foreign immigrants for that particular month.

Understanding the Visa Quota: Preference Category and Country of Birth

Preference Category

As of 1990, immigrant visa limits are set at 700,000 for the combined categories of employment-based, family sponsored, and immediate family. There is no quota limit for those that qualify in the Immediate Relative (IR) category. For other family members, such as siblings or adult children, fewer than 500,000 Family-sponsored visas are generally distributed each year. This category is listed under the following sub-preference categories: FB-1, FB-2A, FB-2B, FB-3, and FB-4.  There are even fewer employment-based visas awarded per year, numbering 140,000. Employment-based visas are enumerated as EB-1, EB-2, EB-3, EB-4 and EB-5. Roughly 40,000 employment-based visas are used by the first, second, and third preference categories.

Per-Country Ceilings

In addition to numerical limits placed upon various immigration preferences, the INA also stipulates that no more than 7% of visas can be issued to permanent immigrants from any one country. This quota ensures that no immigrant group dominates immigration patterns to the United States. Unfortunately, it also ensures that individuals from countries with large populations may wait several years longer to receive a visa number than immigrants from smaller population countries.

Numerical Limitations for Preference Categories

Whenever the number of qualified applicants for a category exceeds the available immigrant visas, there will be an immigration wait.

Immigration Wait

Every month, the Visa Office (VO) receives a report qualifying the number of individuals waiting for a visa. Using a complex calculation, the VO tabulates the number of visas allotted to preference categories and foreign states for that particular month based on the annual level. Once calculated, cut-off dates are established per category per country. These dates are those that are listed on the Visa Bulletin. Only individuals with a priority date earlier than the listed cut-off date are eligible for a visa number.

Green Card Priority Date

To begin the green card process, an individual initially files an immigrant application, via an I-130 petition or I-140 labor certification application. The date that these documents are filed with the USCIS generally marks an individual’s priority date.

In order for an individual to obtain an immigrant visa (Green Card), a visa number must be available. This is referred to as the priority date being "current". The priority date is current if there is no backlog in the category. Since there is a growing demand for visas but a limited number issued per year, there exists an ever-expanding queue of immigrants waiting for a visa. Expect longer delays if your country has a long list of people waiting for immigrant visas.


FAMILY BASED IMMIGRANT VISAS

Two groups of family based immigrant visa categories, including immediate relatives and family preference categories:

(1) Immediate Relative Immigrant Visas (Unlimited number of visas issued):

• IR-1: Spouse of a U.S. Citizen
• IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
• IR-3: Orphan adopted abroad by a U.S. Citizen
• IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
• IR-5: Parent of a U.S. Citizen who is at least 21 years old

(2) Family Preference Immigrant Visas (minimum limit of 226,000)

These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category. The family preference categories are:

• Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any. (23,400 plus any numbers not required by fourth preference)
• Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200 plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. (FB2A) Spouses and Children (Under 21 years of age): 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. (FB2B) Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

• Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children. (23,400, plus any numbers not required by first and second preference)
• Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age. (65,000 plus any numbers not required by the first three preferences).

Note: Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration.

EMPLOYMENT BASED IMMIGRANT VISAS

Every fiscal year (October 1st – September 30th), roughly 140,000 employment-based immigrant visas are made available to qualified applicants.

Employment based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.

Employment First Preference (EB1): Priority Workers

• Priority Workers receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas.
• Three sub-groups:
• Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers, so long as they are entering the U.S. to continue work in the fields in which they have extraordinary ability. Such applicants can file their own Immigrant Petitions for Alien Worker, Form I-140, with the USCIS.
• Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.
• Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.

Employment Second Preference (EB2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability

• Professionals Holding an Advanced Degree and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.
• A job offer is required and the U.S. employer must file and Immigrant Petition for Alien Worker, Form I-140; OR
• Applicants may apply for a National Interest Waiver, which exempts them from the job offer and labor certification.
• There are two subgroups in this category:
• Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
• Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

Employment Third Preference (EB3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

• Skilled Workers, Professionals, and Unskilled Workers receive 28.6 percent of the yearly worldwide limit of employment-based visas.
• There are three subgroups in this category:
• Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
• Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
• Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

Employment Fourth Preference (EB4): Certain Special Immigrants

• There are many subgroups within this category:
• Broadcasters in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization
• Ministers of Religion
• Certain Employees or Former Employees of the U.S. Government Abroad - Must use Form DS-1884, Petition To Classify Special Immigrant Under INA 203(b)(4) As An Employee Or Former Employee of the U.S. Government Abroad
• Certain Former Employees of the Panama Canal Company or Canal Zone Government
• Certain Former Employees of the U.S. Government in the Panama Canal Zone
• Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1st, 1979
• Iraqi and Afghan interpreters/translators who have worked directly with the United States armed forces or under Chief of Mission authority as a translator/interpreter for a period of at least 12 months and meet requirements. This classification has an annual numeric limitation of 50 visas. See Special Immigrant Visas for Iraqi and Afghan Translators/Interpreters - Frequently Asked Questions for more information.
• Iraqi and Afghan nationals who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year after March 20th, 2003 or in Afghanistan for not less than one year after October 7th, 2001, and have experienced an ongoing serious threat as a consequence of that employment. The provision in U.S. law for Iraqi nationals created 5,000 special immigrant visas each fiscal year (FY) for 5 years, from FY2008 through FY2012. The provision in U.S. law for Afghan nationals created 1,500 special immigrant visas each fiscal year for 5 years from FY2009 through FY2013. See Special Immigrant Visas for Iraqis - Worked for/on behalf of the U.S. Government and Afghans - Worked for/on behalf of the U.S. Government for more information.
• Certain Foreign Medical Graduates (Adjustments Only)
• Certain Retired International Organization Employees
• Certain Unmarried Sons and Daughters of International Organization Employees
• Certain Surviving Spouses of deceased International Organization Employees
• Special Immigrant Juveniles (no family member derivatives; Adjustments Only)
• Persons Recruited Outside of the United States Who Have Served or are Enlisted to Serve in the U.S. Armed Forces
• Certain retired NATO-6 civilians
• Certain Unmarried Sons and Daughters of NATO-6 civilians
• Certain Surviving Spouses of deceased NATO-6 civilian employees
• Persons who are beneficiaries of petitions or labor certification applications filed prior to September 11th, 2001, if the petition or application was rendered void due to a terrorist act on September 11th, 2001
• Certain Religious Workers
• Special Immigrants receive 7.1% of the worldwide level.

Employment Fifth Preference (EB5): Immigrant Investors

Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation. Select Immigrant Investor Visas to learn more about this employment-based category.

Note: A person applying for an employer-based green card must remain an employee of the sponsoring employer until his/her green card is processed. New employment means restarting the green card process.