Featured News 2014 How Long Does It Take For a Priority Date to Be Current?

How Long Does It Take For a Priority Date to Be Current?

Whether you are waiting for a visa that is family-sponsored or employment-based, your visa-waiting period is determined by your preference category and your priority date. How long you will need to wait can also depend on the country you are applying from. As there are only a limited number of visas to go around, only up to 7% of available visas can go to a single country; applicants from China, India, Mexico, and the Philippines may have particularly long waits.

Here is a breakdown of the various preference categories for family visas:

  1. First preference relatives (F1) include a U.S. citizen's unmarried daughters or sons over the age of 21.
  2. Second preference relatives included a permanent resident's (green card holder) spouse or unmarried children under 21: that's subcategory F2A. Subcategory F2B includes a permanent resident's unmarried children over 21.
  3. Third preference relatives (F3) are a U.S. citizen's married children.
  4. Fourth preference relatives (F4) are an adult U.S. citizen's siblings.

Immediate family members (spouse, children younger than 21) of a U.S. citizen do not have a waiting period.

Employment visas have preference categories too:

  1. Priority workers are 1st preference.
  2. Persons of exceptional ability or workers with advanced degrees are 2nd preference.
  3. Skilled workers and professionals are 3rd preference, and other workers are next.
  4. Some special immigrants are categorized as 4th preference.
  5. Investors in U.S. business could be 5th preference.

How can you tell how long your wait will be?

You can keep track of how close your priority date is to becoming current when you check out the Visa Bulletin, which is available online. It can give you an idea of how slowly or quickly the government is working toward your application.

Here is how you can check your priority date on the Visa Bulletin:

  • Click on the tab under "Current Visa Bulletin".
  • Scroll down to find the chart with your preference category (the family-based is shown first, so keep scrolling if you are looking for employment-based applications).
  • Find the column with your country (if you are not from China, India, Mexico, or the Philippines, you would look at the column "All Chargeability Areas Except Those Listed").
  • Draw a line down from your country column and a line across from the preference category. That is where the Visa Cutoff Date is. How does that date match up with your priority date?

If you see a "C" instead of a date, then this means "current": everyone in that column and preference category are current and there is no waiting period. Every priority date has become current in those circumstances. The letter "U", on the other hand, means "unavailable": there are no more visas in that category. There is no point in checking the Visa Bulletin again until October, when the number of visas resets.

Once the listed Visa Cutoff Date is a later date than your priority date, your priority date has become current and you can move forward with the visa or green card process. Do not wait for anyone to contact you. You have up to a year from the time your date became current to act.

In summary: Check the Visa Bulletin at least once every month, and let the National Visa Center know immediately if you or anyone involved with your visa application has relocated: give them the new address(es). Once your priority date is current, don't wait, simply continue with the necessary paperwork.

Unfortunately, few things are simple when it comes to immigration applications. If you have any questions, do not hesitate to contact an immigration lawyer immediately, so you can make sure you are taking the right steps in the process.

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