Green cards are limited each fiscal year, and the U.S. Department of State’s Visa Bulletin shows how those limits affect applicants’ “priority dates” – the ticket numbers that determine when a green card can be issued.
Green‑card caps
- Annual limits: 140,000 employment‑based and 226,000 family‑based green cards (excluding spouses, parents and children under 21 of U.S. citizens).
- Per‑country ceiling: No single country may receive more than a fixed percentage of the total pool, creating backlogs for high‑demand nations such as India and China.
How priority dates work
- Employment‑based:
- EB‑1 and EB‑2 National Interest Waiver (NIW) – priority date = filing date of the I‑140 petition.
- Standard EB‑2 and EB‑3 (with PERM labor certification) – priority date = filing date of the PERM application with the Department of Labor.
- Family‑based: Priority date = filing date of the I‑130 petition.
Once the underlying petition (I‑140 or I‑130) is approved, the applicant’s priority date is “locked in” and the only remaining step is to wait for the government to call that date.
Why some countries wait longer
The per‑country cap applies regardless of a nation’s population. Countries with few applicants move quickly; countries with many applicants (e.g., India, China) experience multi‑year or multi‑decade backlogs because the annual allotment is filled rapidly.
Cross chargeability
- The line is based on country of birth, not citizenship.
- Married couples or children born in different countries may “charge” to the spouse’s or child’s country of birth if it has a faster‑moving line.
- This can effectively place an applicant from a backlogged country into a less‑backlogged queue, but it requires legal review.
The Visa Bulletin
The State Department publishes the Visa Bulletin monthly. It shows, for each employment‑ or family‑based category and each country, how far down the line the government has progressed.
Two charts in each bulletin
- Final Action Dates – priority dates that have been approved for green‑card issuance. Applicants whose dates fall on or before these can receive a green card immediately.
- Dates for Filing – an earlier point that allows applicants to submit adjustment‑of‑status or consular processing paperwork before a green card is actually available. USCIS announces each month which chart may be used for filing; consular cases always follow the Final Action Dates chart.
Reading the bulletin
- Locate the row for your category (e.g., EB‑1, EB‑2, EB‑3, or family‑based).
- Find the column for your country of birth (separate columns for India, China, and a “rest of world” column).
- Compare your priority date to the date shown:
- Earlier or equal → your number has been called; you may proceed with filing.
- Later → continue waiting for the next bulletin.
Understanding these mechanics turns the Visa Bulletin from a confusing document into a practical tool for tracking green‑card eligibility.
Source article: www.murthy.com
