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Home » How the Visa Bulletin Works

How the Visa Bulletin Works

Immediate relatives (spouses, parents and unmarried children under age 21 of U.S. citizens) have an unlimited number of immigrant visas (green cards) available. But most other family-based immigrant visas have a wait. The U.S. Department of State publishes a monthly visa bulletin that lets you know when it’s time to claim your green card. Here's how the visa bulletin works:

U.S. Department of State Visa Bulletin Explained

What is the visa bulletin.

The family-based immigration process starts with a U.S. citizen or permanent resident filing Form I-130, Petition for Alien Relative , on behalf of a foreign family member. Because the number of intending immigrants generally exceeds the available immigrant visas, there is virtually always a wait for family preference categories. In this situation, the Department of State issues immigrant visas (green cards) in a first-come, first-serve manner for each category.

If you are in a family preference category, it’s important to understand that an approved I-130 petition does not mean you may come to the United States. The approved I-130 petition means that USCIS has confirmed you have a qualifying relationship and you’ve established your place in line for a visa. The visa bulletin tells you when the visa is actually available to use.

In fact, it is the priority date that specifies your specific place in line. You have reached the front of the line when your priority date becomes "current." The U.S. Department of State publishes a monthly visa bulletin that lists the priority dates which have become current. In other words, these are the priority dates that now have an immigrant visa available to be claimed. You must review the U.S. Department of State’s visa bulletin to determine if your immigrant petition is current. When an immigrant petition is current, you can apply for a green card.

To read the visa bulletin, you’ll need to know two things:

Determine Your Priority Date

Where do i find my priority date.

The numerical limit for family preference immigrant visas creates a wait list. The beneficiary’s “place in line” is designated with a priority date. The filing date of the I-130 petition becomes the beneficiary's priority date. When USCIS accepts Form I-130, they will also assign a priority date.

Locating your priority date is fairly easy. Review the I-797 Notice of Action (I-130 Receipt Notice) that USCIS mails after they received Form I-130 for processing. Alternatively, you may use the Approval Notice that USCIS sends after approving the petition. The priority date is in the top section of the document. In the example below, a red circle identifies the priority date.

Determine Your Family Preference Category

What are the visa bulletin categories.

Your family preference category is based on your relationship with the petitioner. Different relationships are given different priority for an immigrant visa. If an I-130 petition was filed on your behalf, the petitioner is either a U.S. citizen or permanent resident family member. Determining your family preference category is fairly easy. View the list below to determine your preference category.

Unmarried, adult sons and daughters (age 21 or over) of U.S. citizens

Spouses and unmarried children (under age 21) of permanent residents

Unmarried adult sons and daughters of permanent residents

Married sons and daughters (any age) of U.S. citizens

Brothers and sisters of adult U.S. citizens

If you don't see your relationship type above, you may be an immediate relative . Immediate relatives include the spouse, parent, or unmarried child (under age 21) of U.S. citizens. There is no annual limit on the number of immigrant visas issued to immediate relatives each year. Thus, there is no wait, and they are not included on the visa bulletin. Immediate relatives can move forward with the application.

Read the Visa Bulletin

Which visa bulletin chart do i use.

Once you know your priority date and your preference category, proceed to the U.S. State Department's website to find the monthly visa bulletin. Select the "Current Visa Bulletin." Forward to "Family-Sponsored Preferences" to see a table similar to the sample below. Find your family preference category and compare your priority date to the date listed. If your priority date comes before the date listed, your immigrant visa is current.

Most people can view the column labeled “All Chargeability Areas Except Those Listed.” But if your country of nationality is China, India, Mexico or Philippines, use the respective column for those dates. Now you know how to read the visa bulletin.

A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

The first chart is for “final action dates.” An immigrant visa is actually available if a priority date comes before the date listed in this chart.

Sample Chart for Final Action Dates

B. dates for filing family-sponsored visa applications.

This second chart indicates when the intending immigrant can apply for an immigrant visa. Specifically, the applicant may file an adjustment of status application provided that the applicant’s priority date is before the date listed in the visa bulletin’s filing dates chart. If the intending immigrant will be applying through the consular process, the National Visa Center uses this chart to start the process. (They will notify the intending immigrant when to submit an application for an immigrant visa.)

Sample Chart for Filing Dates

When the priority date is current and the I-130 is approved, beneficiaries may generally proceed with the immigrant visa application. Again, individuals in the United States through a lawful entry may be able to adjust status. If eligible, the beneficiary may initiate the application by filing the adjustment of status application package with USCIS. However, any individual outside the United States will need to apply via consular processing. The National Visa Center will contact the beneficiary when they are ready. Learn how to apply.

Visa Bulletin Examples

Do you have examples of how the visa bulletin works, visa retrogression, why is the visa bulletin not moving.

Sometimes the priority dates on a visa bulletin don't change from the previous month. Worse yet, sometimes the dates can actually move the wrong way. This is called visa retrogression.

Generally, the cut-off dates on the visa bulletin move forward in time. But sometimes they go backwards. Visa retrogression occurs when more people apply for a visa in a particular category or country than there are visas available for that month. Retrogression typically occurs toward the end of the fiscal year as visa issuance approaches the annual category, or per-country limitations. Sometimes a priority date that meets the cut-off date one month will not meet the cut-off date the next month. When the new fiscal year begins on October 1, a new supply of visas is made available and usually, but not always, returns the dates to where they were before retrogression.

Where to Check Visa Bulletin

How do i get monthly updates.

Now that you understand how the visa bulletin works, you'll need to monitor it on a regular basis. The U.S. Department of State publishes a monthly bulletin for employment-based and diversity visa categories as well. Book mark the State Department website below.

My priority date is current. What's the next step?

If your I-130 petition is now current, you may apply for permanent residence (green card) in the United States. There are two basic ways to apply for your green card: consular processing or adjustment of status.

If you are currently outside the United States, the only path for immigrating to the U.S. is consular processing. Consular processing refers to the process of applying for an immigrant visa (green card) through the U.S. embassy or consular office in a foreign country. Consular processing is the most common path to obtain a green card.

In fact, the National Visa Center will contact the petitioner and beneficiary shortly before the visa becomes available. They'll ask you to submit the immigrant fee, apply for the immigrant visa, submit Form I-864 (Affidavit of Support), and attend a medical exam. Once they obtained these additional documents, the NVC can transfer your case to the U.S. embassy or consulate for an interview.

If you are currently inside the United States, you may be able to adjust status. Adjustment of status is the term used to describe a change from nonimmigrant status to permanent residence (green card holder). U.S. immigration law allows nonimmigrants to adjust status if the individual lawfully entered the U.S. and meets certain requirements.

Only a very limited group of people can adjust status. The most common scenarios include immediate relatives, individuals who entered with a K-1 visa and married a U.S. citizen, asylees, refugees, or those who arrived on an employment visa (e.g. H-1B) and the employer sponsored them for a green card. All green card applicants that don’t qualify for adjustment of status must use the consular processing path.

Your immigrant visa will be available to claim for one year. Immigration and Nationality Act (INA) section 203(g) provides that the Secretary of State shall terminate the registration (petition) of any foreign national who fails to apply for an immigrant visa within one year of notice of visa availability. The Department of State may reinstate the petition if, within two years of notice of visa availability, the foreign national establishes that the failure to apply was for reasons beyond the their control. Therefore, if you do not respond to notices from the NVC within one year, you risk termination of your petition under this section of law and would lose the benefits of that petition, such as your priority date.

Form I-130, Petition for Alien Relative

Use Form I-130 (Petition for Alien Relative) to start the immigration process for a family member. Each year, USCIS rejects or denies thousands of I-130 petitions. Rejections and denials delay the process and can cost you money. Therefore, it's important to get it right.

* Data based on USCIS Forms Data and Lockbox Rejection Data .

How CitizenPath Helps You Prepare the I-130 Petition

How do i prepare form i-130.

CitizenPath's affordable, online service makes it easy to prepare Form I-130, Petition for Alien Relative. Designed by immigration lawyers, the Immigrant Visa Petition Package helps you eliminate the common errors that create delays, rejections and even denials. That's because the service alerts you when your answer to a question may be a problem. You'll also get customized filing instructions based on your situation. It's a powerful, do-it-yourself tool that puts you in control. And we've got your back -- CitizenPath provides live customer support and provides a money-back guarantee that USCIS will approve the petition. Get started >>

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Find Answers to Immigration Questions

Priority Dates and Visa Bulletin

1. what is the difference between a priority date and the visa bulletin, 2. how do i check my priority date, 3. how do i find out when the next visa bulletin is issued, 4. how does the visa bulletin affect my immigration application, 5. what is a visa oversubscription and how does it affect my priority date, 6. what are the different types of visa categories available in the visa bulletin, 7. how can i use the visa bulletin to help me determine when it is best to file my immigration application, 8. what is the cutoff date in the visa bulletin and how does it change, 9. what is the relationship between priority dates and retrogression, 10. what documents are required for filing an immigration application based on a priority date, 11. how often does the visa bulletin get updated each month, 12. is there a way to calculate which dates are current in the visa bulletin, 13. what is an advance parole document and how does it relate to priority dates, 14. how long can a priority date remain valid, 15. what is the difference between a cut-off date and a final action date in the visa bulletin, 16. is there a way to estimate how long it might take for a family-sponsored immigrant to receive their green card based on their priority date, 17. is there any way to expedite or accelerate my priority date based on special circumstances, 18. can i receive a work permit while waiting for my priority date to become current in the visa bulletin, 19. does the visa bulletin also apply to spouses of us citizens who are applying for a green card through marriage, 20. how do i find out if any changes have been made to the visa bulletin after it has been released.

• Immigration

Understanding the Significance of the Priority Date in the I-485 Process: Immigration Application Timeline

The priority date is crucial in the i-485 process, as it determines when an immigrant may apply for adjustment of status. understanding its significance is vital for navigating the immigration application timeline..

Key Takeaways:

• Understanding the Priority Date: Learn about the importance of the priority date in the I-485 process for obtaining a green card.
• Significance of the Priority Date: The priority date determines your place in the visa queue and the timing of your I-485 application.
• Checking the Visa Bulletin: Regularly monitoring the Visa Bulletin is essential to know when your priority date becomes current.

Understanding the Priority Date in the I-485 Process

Are you navigating the U.S. immigration system and puzzled about how the I-485 process works? One essential element you need to understand is the priority date, a key factor that can influence your path to obtaining a green card.

What is a Priority Date?

The priority date is the day when your immigration petition (family-based or employment-based) is properly filed with the U.S. Citizenship and Immigration Services (USCIS) or, in the case of labor certification, when it is received by the Department of Labor . This date has a pivotal significance because it essentially marks your place in the queue for an immigrant visa.

Why Is the Priority Date Important?

The immigration application timeline is highly dependent on the priority date due to the limited number of visas available each year in different categories. Consequently, the priority date dictates when you can move forward with the I-485 application to adjust your status and become a permanent resident.

How Does the Priority Date Affect the I-485 Process?

The I-485 process is the last step for candidates applying for lawful permanent residency from inside the United States. However, before you can file Form I-485, “Application to Register Permanent Residence or Adjust Status,” your priority date must be current. This occurs when the Department of State’s Visa Bulletin indicates that a visa number is available for your category and country of chargeability.

Also of Interest:

Do you need a visa to travel cyprus, do foreign youtubers need work authorization in the us, checking the visa bulletin.

To comprehend how far away you are from a current priority date, regularly check the U.S. Department of State’s Visa Bulletin (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html). It is updated monthly and provides valuable information regarding which priority dates are currently being processed.

What Happens When Your Priority Date Is Current?

The moment your priority date is current, it’s your turn to act. You’ll have the green light to submit your I-485 application along with the necessary documentation. Ensure you do this promptly, as processing times can vary, and you wouldn’t want to miss your window of opportunity.

Gaps and Delays in the Immigration Application Timeline

Be aware that even if your priority date is current, there might be delays or retrogression (where priority dates move backward) due to demand outpacing supply. Therefore, maintaining an eye on the Visa Bulletin and consulting with an immigration attorney are crucial steps to stay informed and prepared.

As you embark on or continue your journey through the U.S. immigration maze, grasping the significance of the priority date is crucial. It’s a piece of the puzzle that can significantly influence your immigration application timeline. By staying informed about your priority date and the Visa Bulletin, you’ll be better positioned to navigate the complexities of the I-485 process and closer to achieving your American dream.

Keep in mind that immigration laws and policies can change, so it’s always wise to check the USCIS official website (https://www.uscis.gov/) or consult with a legal expert to ensure you have the most current information and guidance.

So there you have it, my friend! Understanding the priority date in the I-485 process is like having the key to the immigration maze. Just remember to check out the Visa Bulletin regularly to see where you stand. And if you want even more immigration insights and tips, head over to visaverge.com. Happy navigating!

FAQ’s to know:

FAQ 1: What is the priority date in the I-485 process?

The priority date in the I-485 process refers to the day when your immigration petition is properly filed with USCIS or, in the case of labor certification, when it is received by the Department of Labor. It marks your place in the queue for an immigrant visa and is essential for determining when you can move forward with the I-485 application to adjust your status.

FAQ 2: Why is the priority date important in the immigration application process?

The priority date is crucial in the immigration application process because it influences the timeline for obtaining a green card. The availability of immigrant visas is limited each year, and the priority date determines when you can file the I-485 application to become a permanent resident. It plays a significant role in tracking your position in the visa queue.

FAQ 3: How does the priority date impact the I-485 process?

The priority date affects the I-485 process by determining when you can file your application for lawful permanent residency. Your priority date must be current, meaning a visa number is available for your category and country of chargeability, according to the Department of State’s Visa Bulletin. Once your priority date is current, you can submit your I-485 application and take the next steps towards obtaining a green card.

What did you learn? Answer below to know:

What is the importance of the priority date in the I-485 process? a) It determines your place in the queue for an immigrant visa b) It indicates the processing time for the I-485 application c) It determines your eligibility for a green card d) It indicates your country of chargeability

How can you check if your priority date is current? a) Visit the U.S. Department of State’s Visa Bulletin b) Check the USCIS official website c) Consult with an immigration attorney d) Submit an inquiry to the Department of Labor

What can cause delays in the immigration application timeline, even if your priority date is current? a) Exceeding the annual cap for available visas b) Retrogression, where priority dates move backward c) Administrative processing by USCIS d) Changing immigration laws and policies

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How To Find Your Priority Date With Form I-797: Notice of Action

The two most common paths to getting a green card are being sponsored by an immediate family member who is a U.S. citizen or lawful permanent resident and being sponsored by a U.S. employer. Your family relationship or employment situation will determine your priority in getting a green card since the number of green cards is limited. Often, after your family member or employer submits the initial petition, you’ll be put on a waiting list, and your immigration process will be put on hold until a green card becomes available. Your place on this waiting list is determined by your priority date. You can typically find your priority date on Form I-797: Notice of Action that U.S. Citizenship and Immigration Services (USCIS) sends you after they receive a properly filed immigration petition or application.

Written by ImmigrationHelp Team .  Updated December 13, 2022

What Is a Priority Date?

Your priority date determines your spot in line as you wait to receive a visa or green card . If your priority date is “current,” you won’t have to wait for a visa or green card. Your priority date becoming “current” depends on your preference category and whether USCIS faces any backlogs.

Priority dates are important for both family-sponsored and employment-based green card applicants.

If you file a Form I-130 : Petition for Alien Relative for a family green card, your priority date is the day that USCIS received your completed petition. 

If you are applying for an employment-based green card, your priority date will depend on whether your employer is the petitioner or you are self-petitioning.

If your employer sends a labor certification application to the U.S. Department of Labor (DOL), your priority date will be the day that the DOL receives and accepts the application for processing. Many types of employment-based green cards require labor certification by an employer. 

Some employment categories don’t require employer certification. If this applies to you, you can self-petition, and your priority date is the date USCIS receives your completed Form I-140 petition.

For fourth preference special immigrants , your priority date is when USCIS accepts your Form I-360 for processing. For fifth preference investors , the date is when USCIS accepts Form I-526 for processing.

Waiting Times

Waiting times often correspond to the nature of your family connection. Immediate relatives of U.S. citizens, for example, don’t need to worry about priority dates. A visa will be immediately available.

In other cases, immigrant visa availability will depend on demand for visas, per-country limits, and preference category limits. The U.S. Department of State publishes a monthly Visa Bulletin with the most current cut-off dates by category. ImmigrationHelp.org publishes a monthly article with an easy-to-understand summary of the most recent visa bulletin information.

Do All Green Card Applicants Get a Priority Date?

Not all green card applicants have priority dates. Some applicants don’t need to wait for a priority date to become current because a green card is immediately available for them. This will be true if your green card category has no annual limit. The U.S. government limits certain green card categories . 

However, USCIS can issue an unlimited amount of immediate relative green cards. So, applicants in this category don’t have to wait. Note that in U.S. immigration law, “immediate relatives” are the spouse , parents , and unmarried children (under age 21) of U.S. citizens. Immediate relative applicants won’t receive a priority date from USCIS.

Note that the spouses and unmarried children (under age 21) of U.S. green card holders face more restrictions. In this category, you’ll need to wait 12–18 months for your green card to become available. Across other categories, waiting times vary substantially. The U.S. immigration system uses other caps, including the “country cap.” The government does not want any single country to account for over 7% of all green cards. So, applicants from highly populated countries may face longer wait periods. 

How Do You Get a Priority Date?

You will get a priority date when you receive Form I-797 : Notice of Action. USCIS usually issues Form I-797 in response to a Form I-130 petition or Form I-140 petition. USCIS sends this form out to acknowledge that it has received your petition. Once you have received Form I-797, be sure to carefully read through it and look for your priority date. Being aware of your priority date will help you later on when you check the Visa Bulletin each month.

Note that USCIS will only issue a priority date if your petition is complete. Submitting an incomplete petition will cause you to have to resubmit your information or forms. If your intended category has a waiting period, you should be especially sure that everything is complete before submitting.

What Is Form I-797?

Form I-797 is USCIS’s Notice of Action. Unlike most other forms, you won’t need to fill out any information on Form I-797. USCIS sends this document to update applicants. Typically, USCIS will send you the Notice of Action two to three weeks after you submit your immigration petition. Note that this form is not an official approval of your visa application. Form I-797 only indicates that USCIS has received your application. 

The form will list your priority date and receipt number and help you understand when you can finally proceed with your application. Be sure to save your receipt number . This is a 13-digit code that you can later use to check your case status using USCIS's online tool (more on this below). While the basic Form I-797 is a receipt notice, there are six other types of Form I-797 documents.

Form I-797A

Form I-797A is the Notice of Action for Replacement of I-94 . You will receive this form if you file for an I-94 extension , request to adjust your status, or change your address. Typically, receiving this form indicates that USCIS is approving your extension or status adjustment request.

Form I-797B

Form I-797B is the Approval of the Alien Worker Petition. You should receive this form if you filed a Form I-140 petition. This form will grant you approval to work in the United States. If you also receive a new I-94 with your I-797B form, USCIS has approved your extension of stay. If you don’t get a new I-94, you may need to return to your home country first. You’ll have to go to your local U.S. embassy or consulate and have your visa stamped.

Form I-797C

Form I-797C contains important follow-up information. In addition to indicating that USCIS has received your application, it also informs you about any appointments, rejections, transfers, or a reopening of your case.

For example, this form may ask you to attend an interview with an immigration officer. It may also remind you to attend a biometrics appointment. If you receive this form, be sure to act quickly. The sooner you comply with USCIS, the sooner you can proceed.

Form I-797D

Form I-797D contains a benefit card. For example, you might receive your green card or an employment authorization document (EAD).

Form I-797E

Form I-797E is a request for evidence form. You are likely missing the right documents in your application. USCIS will give you a deadline to respond with the missing documents or information. Be sure to respond to any requests for evidence in a timely manner. If you don’t, USCIS may reject your application.

Form I-797F

Form I-797F is the Transportation Letter. If you are an overseas applicant, you may receive this form. USCIS uses this form to permit you to travel. The form will contain further information more specific to your circumstances.

What Do I Do With My Priority Date?

Once you have your priority date, you’ll likely need to wait a while. You should proceed with your application as soon as your priority date becomes current. Be sure to review the State Department’s Visa Bulletin . The State Department updates this bulletin monthly. By reading the visa bulletin , you can anticipate your dates for filing. As you wait, you should prepare your application materials and gather any supporting documents you need.

To read the visa bulletin, you’ll need to keep in mind your priority date, home country, and visa category. Several factors can cause some applicants to wait several years, or even longer, for a visa. You should anticipate a longer waiting period if you come from India, China, Mexico, the Philippines, El Salvador, Guatemala, or Honduras. These countries currently have the highest rates of immigrants applying for green cards. Spouses and unmarried children of U.S. lawful permanent residents from these countries, however, don’t face significantly longer waiting periods.

Once your priority date becomes current, you can proceed with your application. You can adjust your status with Form I-485 and apply for an EAD or travel permit. You’ll then have to wait for USCIS to process and approve your green card application.

What Is Visa Retrogression?

As time goes on, dates listed on the Visa Bulletin typically move forward. However, sometimes these cut-off dates remain the same or even retrogress . Visa demand changes over time and can affect USCIS’s cut-off dates. When priority dates retrogress, there are more applicants for a specific visa category or country than there are available that month. Even if you met the cut-off date one month, you may no longer meet the cut-off date another month.

You should especially watch out for visa retrogression near the end of the fiscal year, starting in September. At that time, visa issuance may begin to reach annual and per-country limits. Once the new fiscal year begins, the U.S. government will have new visas available. Priority dates will likely return to where they were before. USCIS will place your application on hold until they have worked through their backlogs.

Suppose your application goes on hold during retrogression. In this case, you should be sure to keep USCIS updated if you have any change in contact information like your mailing address . This will ensure that they can still reach you once they begin processing your application.

How Long Does It Take for Your Priority Date To Become Current?

Waiting times for your priority date to become current can vary. If applying for a lower-demand visa category from a less populated country, you’ll probably have a shorter wait time. But if you’re applying for a limited visa category with high demand from your home country, you may face a long wait. USCIS may also be facing backlogs at the time you apply. If so, this may delay their overall processing times even further. Some cases take a very long time, even up to several years.

Remember that immediate relatives of U.S. citizens don’t need to wait for a “current” priority date. As an immediate relative, you have the right to a visa under U.S. immigration law. USCIS does not need to regulate immediate relative applications because they may grant an unlimited number of these visas.

Top Credit Cards With Priority Pass Lounge Access

Enhance your next trip by spending time in a lounge before your flight.

Credit Cards With Priority Pass

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There is a Priority Pass credit card for each type of traveler.

Some of the links on this site contain offers from our partners .

Key Takeaways

• Priority Pass has over 1,500 airport lounges around the world.
• Select travel credit cards offer a complimentary membership with free entrance for the cardholder and up to two travel companions.
• Travelers receive complimentary drinks, food, Wi-Fi and more inside the lounge.

Waiting at the airport for your flight can be an uninviting experience. Seats at the gate are often uncomfortable and crowded, while food options are typically overpriced. However, if you have access to an airport lounge, you'll enjoy comfortable seating, complimentary food and drinks, and free Wi-Fi.

Priority Pass credit cards allow travelers to enjoy the amenities inside more than 1,500 lounges around the world. Learn more about Priority Pass lounges, which credit cards offer Priority Pass membership and which factors you should consider before applying.

Priority Pass Lounge Benefits

Benefits can vary, depending on the location. You may find multiple Priority Pass lounges at the same airport that offer different amenities. However, most Priority Pass lounges offer the following complimentary benefits:

• Meals or snacks
• Beverages, including alcohol
• Comfortable seating

According to Zac Hood, founder of Travel Freely, a points and miles app for beginners, "International lounges typically stand out as more upscale with better food," than U.S. lounges.

The Priority Pass website or mobile app provides an overview of the benefits available inside each lounge. A third-party service called LoungeBuddy also shares highlights and user reviews.

How Many Times Can You Use Your Card's Priority Pass Benefits?

Complimentary access to participating airport lounges is often unlimited for people with a Priority Pass credit card. However, not all credit cards that offer this benefit include unlimited access for free. Some cards include just a handful of complimentary visits per year and charge for each additional visit. Other credit cards do not include any free visits and charge every time you want to enter the lounge.

Ben Komenkul, a travel points and miles educator at Ben's Big Deal, says, "Priority Pass cardmembers get full access to Priority Pass airport lounge for up to two guests when flying any airline the same day." However, there can be some exceptions to the rule.

5 Best Credit Cards for Priority Pass Lounge Access

There are numerous Priority Pass credit cards to choose from, so we narrowed down the list to our favorites for each type of traveler.

For Luxury Travelers: The Platinum Card® from American Express

The Platinum Card from American Express is well-known for its premium travel benefits and top-notch customer service. In addition to Priority Pass lounges, cardholders also receive complimentary access to Centurion Lounges, Escape Lounges and Plaza Premium Lounges. It features numerous benefits, including more than $1,500 in value with its cardholder credits. Cardholders receive Hilton Honors and Marriott Bonvoy Gold elite status for no charge, and they'll earn five points per dollar when booking flights through American Express Travel or directly with the airline. Membership Rewards points can be used to book travel, get statement credits and more, including transferring to 21 airline and hotel partners. You'll pay a $695 annual fee for this card. ( See Rates & Fees )

For Best Rewards: Chase Sapphire Reserve®

Savvy travelers love the Chase Sapphire Reserve for its benefits and flexible rewards. The card earns three points per dollar on dining and travel worldwide and up to 10 points per dollar on purchases through Chase Travel. Points are worth 50% more when booking travel through Chase, or you can transfer to 14 airline and hotel loyalty programs. The card also features an annual $300 travel credit that automatically applies to eligible purchases. You'll pay a $550 annual fee for this card.

For Hotel Elite Status: Hilton Honors American Express Aspire Card

Hotel elite status provides numerous complimentary benefits, including upgrades at check-in, late checkout and higher earning power on hotel spending. The Hilton Honors American Express Aspire Card includes automatic Hilton Honors Diamond elite status, which is the loyalty program's highest tier. Cardholders also receive a $400 Hilton resort credit and a $200 flight credit every year. Plus, the card includes an annual free night that can be used at almost any Hilton property worldwide. For big spenders, you can earn an additional free night by spending $30,000 and a second free night by spending $60,000. You'll pay a $550 annual fee for this card.

The information for the Hilton Honors American Express Aspire Card has been collected independently by U.S. News and the card is not currently available on the site. The information has not been reviewed or provided by the card issuer and it is accurate as of the date posted.

For Sharing Benefits: Bank of America® Premium Rewards® Elite Credit Card

The Bank of America Premium Rewards Elite Credit Card includes Priority Pass memberships that can be shared by up to four people. While other Priority Pass credit cards allow cardholders to bring up to two guests with them, this card allows cardholders to give Priority Pass benefits to other people. The card also earns two points per dollar on travel and dining plus 1.5 points per dollar on all other purchases. Customers who qualify for Preferred Rewards can earn up to 75% bonus points. The card also includes $550 in fee credits to offset its annual fee of $550.

The information for the Bank of America® Premium Rewards® Elite Credit Card has been collected independently by U.S. News and the card is not currently available on the site. The information has not been reviewed or provided by the card issuer and it is accurate as of the date posted.

For No Annual Fee: Signify Business Cash℠ Card by Wells Fargo

Travel credit cards have significant annual fees that are hard to justify for some travelers. The Signify Business Cash Card by Wells Fargo is a business credit card that includes Priority Pass access without charging an annual fee. The card earns an unlimited 2% cash back on every purchase and includes a 0% introductory annual percentage rate offer on purchases for 12 months. Whenever you want to visit a Priority Pass lounge, simply pay an entrance fee to use all of its benefits.

The information for the Signify Business Cash℠ Card by Wells Fargo has been collected independently by U.S. News and the card is not currently available on the site. The information has not been reviewed or provided by the card issuer and it is accurate as of the date posted.

Tags: credit cards

Comparative assessments and other editorial opinions are those of U.S. News and have not been previously reviewed, approved or endorsed by any other entities, such as banks, credit card issuers or travel companies. The content on this page is accurate as of the posting date; however, some of our partner offers may have expired.

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Paul McCartney 2024 UK tour dates, and how to get tickets

The musical icon has announced four new uk dates in december 2024.

Sir Paul McCartney has announced his first UK shows since headlining Glastonbury in 2022.

The Beatles star, 81, will bring his Got Back tour to London and Manchester in December 2024.

“I’m excited to be ending my year and 2024 tour dates in the UK,” he said.

“It’s always such a special feeling to play shows on our home soil.

“It’s going to be an amazing end to the year. Let’s get set to party. I can’t wait to see you.”

Sir Paul launched his Got Back tour in 2022, completing 16 shows across the US before his Glastonbury appearance.

The show includes music from throughout his career, including songs from the Beatles and Wings eras as well as his solo material.

i ’s culture editor, Sarah Carson, described the show as “a masterclass from the greatest living cultural figure in this country’s history”.

Featuring Paul’s longtime band – Paul “Wix” Wickens (keyboard, Brian Ray (bass/guitar), Rusty Anderson (guitar) and Abe Laboriel Jr (drums) – and the Hot City Horns, the tour promises state-of-the-art audio and video technology.

How Paul McCartney went from the least cool Beatle to musical icon

The tour dates mark his first live shows in the UK since his headlining set at Glastonbury in June 2022, where he became the festival’s oldest solo headliner.

That set featured surprise appearances from Bruce Springsteen and Foo Fighters frontman Dave Grohl .

Sir Paul performed Beatles and Wings songs in a set lasting more than two hours, and was joined on stage by Springsteen for “Glory Days” and “I Wanna Be Your Man”.

His electrifying set was further amplified when he introduced Grohl to the stage to sing “I Saw Her Standing There” and “Band On The Run”.

When is Paul McCartney touring the UK?

Sir Paul will play Manchester’s Co-Op Live arena on December 14 and 15 and London’s O2 on December 18 and 19.

Sir Paul will also take his Got Back show to France and Spain, after previously announcing upcoming dates in Uruguay, Argentina, Chile and Peru this October.

In 2023, he performed 18 shows throughout Australia, Mexico and Brazil.

How can I get Paul McCartney tickets?

Tickets for the UK shows go on general sale at 10am on Friday 21 June.

Priority tickets are available for O2 and Virgin Media customers from 10am on Wednesday 19 June.

And fans who sign up to Paul McCartney’s mailing list here will also receive an exclusive pre-sale password.

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How to get tickets for Paul McCartney’s 2024 UK tour: presale, ticket prices and everything you need to know

Macca’s Got Back tour will come to the UK for several huge arena shows later this year

Paul McCartney’s last performance in the UK was his legendary set at Glastonbury 2022. Critics called it ‘ a masterclass from the greatest living cultural figure in this country’s history ’ and ‘ one of the most thrilling, uplifting, banger-filled, star-studded sets ’ that the festival had ever seen. 

If you missed out on seeing that show in person two years ago, now is your chance to make up for it. The Beatles icon has announced that he will finally be bringing his Got Back tour to the UK. 

Paul launched the tour in 2022 and has already taken it to cities across the US, Australia and South America, so we know a little bit about what to expect. Prepare to belt along to ‘Hey Jude’, ‘Live and Let Die’ and ‘Got to Get You into My Life’, alongside loads of other classics and some newer material.

Sound good? You bet it does? Here’s how you can get your hands on tickets for Got Back in the UK. 

When is Paul McCartney going on his UK tour 2024? 

Macca will be playing at Manchester ’s Co-op Live on Saturday December 14 and Sunday December 15 . Then he’ll be at the O2 Arena in London on Wednesday December 18 and Thursday December 19 . 

When do tickets go on sale?

Get it in you diaries – tickets go on general sale on Ticketmaster here  from 10am on Friday June 21. 

Is there a presale? 

You bet. Presale for all four shows went live today (Wednesday June 19) at 10am. Find Manchester presale here  or become a Co-op member to be first in line. And, if you’re an O2 Priority member, find London presale here .  

How much are Paul McCartney tickets?

In the presale, tickets ranged massively in price – with some first tier tickets at the Co-op Live going for £107 and seats at the back of the O2 Arena in London priced at around £125 (excluding booking fees – up to £146 including them). 

The presale was criticised by face-value ticketing site Twickets  for the number of supposed touts that snapped up tickets and are attempting to sell them at extortionate prices (well over £500). As always, beware of buying from resale sites. 

Can I go VIP?

If you have the cash to splash, absolutely. Fans who book a VIP ticket at the O2 will get to enjoy VIP entrance to the arena, access to the VIP lounge and seats in the venue's VIP blocks.  

As a VIP at Manchester’s Co-op Live, you’ll get a complimentary glass of wine, beer or soft drink, premium refreshments, top-quality food, an exclusive merchandise shop and dedicated toilets. For more info, head to the official hospitality partner, Seat Unique .

Where else is Paul McCartney touring as part of his Got Back tour?

Before he lands on home soil, Paul will be playing shows across South America in October, then Paris and Madrid at the beginning of December. His London shows will mark the end of the tour. 

What has been said about the tour? 

On announcing his UK string of shows, Paul said: ‘I’m excited to be ending my year and 2024 tour dates in the UK. It’s always such a special feeling to play shows on our home soil. It’s going to be an amazing end to the year. Let’s get set to party. I can’t wait to see you.’

How to watch England at Euro 2024 for free, including TV schedule, channel and timings .

Stay in the loop: sign up to our   free Time Out UK newsletter   for the latest UK news and the best stuff happening across the country.

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Ideal timing for travel insurance purchase

Advantages of purchasing travel insurance early.

• When to buy annual travel insurance 

When is it too late to buy travel insurance?

• Frequently asked questions

When to Buy Travel Insurance: Timing Your Purchase Perfectly

Affiliate links for the products on this page are from partners that compensate us (see our advertiser disclosure with our list of partners for more details). However, our opinions are our own. See how we rate insurance products to write unbiased product reviews.

• Purchase travel insurance when traveling internationally or on long and expensive trips.
• Buying travel insurance right after booking your trip is best, as some coverage options are time-sensitive.
• Cancel For Any Reason policies and coverage for pre-existing coverage require early purchase.

Travel insurance protects you against financial losses and medical emergencies while on a trip. You'll want to book travel insurance when going on long, expensive, or international trips. However, the exact timing of your purchase is also important.

Generally, you'll want to buy travel insurance soon after you book your trip to get the maximum coverage out of your policy. Here's what you need to know about travel insurance and when you should buy it.

Though you can insure your trip anytime after booking, the best time to purchase travel insurance is immediately after booking your trip.

For one, unexpected circumstances may arise between when you book your trip and when you leave. If an injury or inclement weather cancels your trip before you have a chance to purchase travel insurance, you may not get a refund. Purchasing travel insurance early reduces the chances of that happening.

Michelle Osborn, owner of boutique travel agency Outta Here Travels , says, "Most travel insurance policies have a time limit of when you can purchase to get the maximum benefits." 

It's important to note that you do not have to have every detail of your trip planned before purchasing travel insurance. Most policies are flexible, so you can add details and update your costs in the days leading up to the trip. Don't let some unplanned details in your trip prevent you from purchasing travel insurance.

When you purchase travel quickly after booking, you'll have additional coverage options.

• Purchase cancel for any reason coverage , which reimburses you for 60% to 75% of your costs if you back out on your travel plans for a reason not usually covered. CFAR policies must be purchased within 15 to 21 days of putting down the first deposit on your trip. You can find our picks for the best CFAR travel insurance here.
• Guarantee coverage for pre-existing conditions. Many travel insurers won't cover pre-existing conditions unless you purchase coverage within two weeks of booking your trip.
• Cancel your travel insurance if you're not happy with it. Most plans allow you to cancel your insurance and get a refund — as long as you do so within 15 days and your trip hasn't started.

If you cannot purchase your travel insurance right after booking, you should still qualify for a policy if your trip hasn't been canceled. Most companies allow you to buy insurance until the day of your trip. You just won't have access to CFAR or pre-existing condition coverage.

When to buy annual travel insurance 

Annual travel insurance , sometimes referred to as multi-trip insurance, covers you for all your trips over a 12-month period. This type of travel insurance may be a good option if you regularly travel for work or have a handful of trips, particularly international trips, planned for the next 12 months.

"Travel insurance should definitely be purchased anytime you travel out of the United States," Osbon says. "The main reason is most US health insurance policies don't cover treatment internationally."

You may want to buy annual travel insurance just before your first trip begins. Since these plans last 365 days, you can stretch your policy to cover the most travel. However, this may limit your coverage, so tread carefully. For example, you may not be able to get medical coverage for pre-existing conditions.

"In the case of a pre-existing medical condition, you'll need to meet a few requirements to be covered," says Jeff Rolander, director of claims at Faye Travel Insurance . "Faye's travel protection covers pre-existing conditions as long as you purchase your plan within 14 days of your initial trip deposit and are medically able to travel when you purchase your plan."

You should be able to purchase travel insurance any time before the date of your trip. Once the day of your departure rolls around, the window will close. You also can't purchase travel insurance during your trip or after an injury or loss has already happened.

The moral of the story: It's always better to buy sooner rather than later. 

"Right when you book your flights or hotel stay is when you should get your trip covered," Rolander says. "The sooner you buy coverage for your trip, the sooner your coverage starts."

When to buy travel insurance frequently asked questions

You should purchase travel insurance within two weeks of booking your trip to receive maximum benefits, especially pre-trip cancellation coverage.

While you can purchase travel insurance up until the day of departure, doing so may limit certain benefits. Additionally, last-minute travel insurance won't cover pre-existing health conditions. 

Lengthier and more expensive trips generally call for travel insurance because you have more to lose. Purchasing travel insurance earlier mitigates the potential damage of a cancellation.

Most travel insurance policies allow for modifications or additions within a specific period after purchase, but it's important to check the policy terms.

Purchasing travel insurance early is generally beneficial for comprehensive coverage, but you may see your premiums rise if you make significant changes to your travel plans.

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The Visa Bulletin

Visa Statistics

Laws & Regulations

Accepting, Serving in, or Performing Duties of a Position with the Government of a Foreign State - Immigration and Nationality Act (INA) Sectioin 349(a)(4)

Loss of U.S. Nationality and Service in the Armed Forces of a Foreign State - Immigration and Nationality Act (INA) Section 349(a)(3)

Visa Bulletin For April 2023

Number 76 Volume X Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during April  for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at  www.uscis.gov/visabulletininfo , individuals seeking to file applications for adjustment of status with USCIS must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. 

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by March  9th . If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.

2.  Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

3.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES. 

4.  Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows: 

FAMILY-SPONSORED PREFERENCES

First : ( F1 ) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. ( F2A ) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. ( F2B ) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third : ( F3 ) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth : ( F4 ) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

A.   FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

For April, F2A numbers  EXEMPT from per-country limit  are authorized for issuance to applicants from all countries with priority dates  earlier  than 01NOV18. F2A numbers  SUBJECT to per-country limit  are authorized for issuance to applicants chargeable to all countries  EXCEPT MEXICO , with priority dates beginning 01NOV18 and earlier than 08SEP20. All F2A numbers provided for MEXICO are exempt from the per-country limit.

B.  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: 

EMPLOYMENT-BASED PREFERENCES

First :  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second :  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third :  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

Fourth :  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth :  Employment Creation:  7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.

A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. For Fiscal Year 2023 this reduction will be limited to approximately 150.

B.  DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. 

B .   DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF APRIL

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program.  This will result in reduction of the DV-2023 annual limit to approximately 54,850. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For  April , immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers  BELOW  the specified allocation cut-off number:

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2023 program ends as of September 30, 2023. DV visas may not be issued to DV-2023 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2023 principals are only entitled to derivative DV status until September 30, 2023. DV visa availability through the very end of FY-2023 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C.   THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN MAY

For May , immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers  BELOW  the specified allocation cut-off number:

D.   EMPLOYMENT-BASED SECOND PREFERENCE (EB-2) RETROGRESSION FOR REST OF WORLD COUNTRIES, INDIA, MEXICO, and PHILIPPINES

Item D in the March 2023 Visa Bulletin warned that retrogression in the Employment-Based Second Preference (EB-2) category was likely due to much higher than expected number use and demand since December 2022. The Department and USCIS continue to see high demand from applicants with priority dates earlier than the established final action dates. Therefore, the EB-2 final action dates for Rest of World, India, Mexico, and the Philippines retrogressed to keep number use within the FY 2023 annual limit.

The Rest of World, Mexico, and Philippines EB-2 final action dates retrogressed to 01JUL22 and the India EB-2 final action date retrogressed to 01JAN11. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

E.   FAMILY-SPONSORED SECOND PREFERENCE VISA AVAILABILITY

Item D in the February 2023 Visa Bulletin warned readers of the possibility of a final action date being established in the F2A category. Number use in the F2A category has remained steady to date in FY-2023 and it has become necessary to establish an F2A final action date to keep number use within the annual limit.

F2A numbers exempt from per-country limits are available to applicants from all countries with priority dates earlier than 01NOV18.  F2A numbers subject to per-country limits are available to applicants chargeable to all countries except Mexico, with priority dates beginning 01NOV18 and earlier than 08SEP20.  All F2A numbers provided for Mexico are exempt from the per-country limit.

This situation is being continually monitored and any necessary adjustments will be made accordingly.

F.   FURTHER RETROGRESSION IN EB-4 CATEGORY FOR ALL COUNTRIES

Based on INA standards and expected demand from these countries for family-sponsored and employment-based preference visas, the Department of State is no longer including a separate column covering applicants chargeable to El Salvador, Guatemala, or Honduras in the charts titled, “Final Action Dates for Employment-Based Preference Cases” and “Dates for Filing of Employment-Based Visa Applications,” for applicants who are seeking an immigrant visa in the EB-4 category.  Final action and filing dates for applicants from these three countries are now provided in the column headed “All Chargeability Areas Except Those Listed.”  The Department has submitted for publication a public notice in the Federal Register to further explain this change.  

G.   FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV

Department of State Publication 9514

CA/VO: March 22, 2023

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Ukraine-Russia war latest: Moscow vows to retaliate against US after missile attack on Crimea

The Russian defence ministry has claimed Ukraine used US-provided weapons in a strike on Crimea yesterday that killed at least four people and injured 151 more. Meanwhile, EU accession talks with Ukraine are approaching, in a political blow for Vladimir Putin.

Monday 24 June 2024 19:20, UK

• Russia vows to retaliate against US after Ukrainian missile attack on Crimea
• At least eight killed in fire near Moscow
• North Korea warns US over 'new world war'
• Ukraine inches closer to EU dream
• Big picture: What you need to know as we enter new week
• Analysis : Blaming Ukraine for Dagestan attack fits Russia's wider narrative
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• Live reporting by Mark Wyatt and (earlier)  Niamh Lynch

Multiple people have been killed after a fire broke out at a former Russian electronics research institute near Moscow.

People can be seen leaning out of windows as smoke engulfs the building.

It is not yet clear what caused the fire to start. 

By Ian King , business presenter

The EU today launched its 14th package of sanctions against Russia - this time targeting Vladimir Putin's liquefied natural gas exports (LNG) for the first time.

The measure is the latest attempt by the bloc to deny Mr Putin's regime of money as his war on Ukraine drags into its 29th month.

No EU bans on Russian gas yet

The sanctions, which will kick in after a nine-month transition period, fall short of an outright ban on Russian LNG shipments.

This partly reflects the fact that EU members are themselves still allowed to buy LNG from Moscow - even though the bloc has set a target of phasing out Russian fossil fuels by 2027.

The EU followed the lead of the United States and the UK in banning Russian oil imports, with one or two limited exceptions, in 2022 after Russia attacked Ukraine.

What latest sanctions do

The key measure in the package, signed off late last week in the face of opposition from Germany and Hungary, is a ban on trans-shipments off EU ports of Russian LNG - essentially preventing the commodity from being sold to third countries via EU ports.

Part of the package also targets specific vessels - including an initial 27 oil tankers - that are used to get around the price cap slapped on Russian oil by the G7 countries.

Read the full story here ...

A video appearing to show a wounded Russian soldier being shot dead by another shows the "brutal culture" of Moscow's armed forces, according to a US-based thinktank.

Footage shared widely on social media over the weekend shows a Russian soldier injured by a drone strike, motioning to another soldier for help.

Instead, the other soldier kills him with a gunshot fired at point-blank range.

He does this instead of attempting to check the soldier's injury, attempting treatment, taking his identification tags or attempting a casualty evacuation, the Institute for the Study of War (ISW) says.

"The attempted or deliberate killing of a fellow soldier is unprofessional, and ISW has observed instances of Russian fragging (the deliberate killing of supervisors) and other anecdotes demonstrative of a callous disregard for the lives of Russia’s own soldiers throughout the war thus far, both within Russia and amongst Russian troops on the battlefield," it says in its latest assessment.

"Fragging is generally indicative of extremely poor discipline amongst troops, a disconnect between tactical level commanders and their subordinates, as well as a blatant disregard for human life."

Sky News has not verified the authenticity of the video.

A fire at a former Russian electronics research institute near Moscow has killed at least eight people, state news agency TASS reports.

Two people jumped to their death from the top floors of the eight-storey building - in the town of Fryazino - which was engulfed by flames.

Regional governor Andrey Vorobyov said a 34-year-old man was in serious condition in hospital, while two firefighters were also being treated for injuries from the fire. 

More than 100 firefighters are at the scene. Local emergency services said the man was the only person rescued from the blaze.

The building creates components for fighter jets, nuclear launch munitions, air defences and guided munitions. 

Gunmen opened fire on two Orthodox churches, a synagogue and a police post in two cities in the Russian region of Dagestan yesterday.

Russia's national anti-terrorist committee described the attacks - in a predominantly Muslim region with a history of armed insurgency - as terrorist acts.

Dagestan's governor, Sergei Melikov, tried to link the attacks with the ongoing Russian invasion of Ukraine.

The US-based Institute for the Study of War has suggested it is likely the work of Islamic State's Northern Caucasus branch, Wilayat Kavkaz, but there is no confirmation of that.

Watch the video below to find out what we know so far...

The president of Poland says he hopes China can help find a solution for peace in Ukraine that respects intentional law.

Andrzej Duda is on a state visit to China and, in Beijing today, held discussions with Chinese leader Xi Jinping where the war in Ukraine was on the agenda.

"I am very happy that, thanks to the fact that President [Xi] calls me a friend, which is a great honour for me, I can contribute to building [Polish-Chinese] relations together with the president," Mr Duda said afterwards.

Poland borders Ukraine and has maintained a hard line against further expansion of Russian aggression.

The destruction caused by two Russian missile strikes in the town of Pokrovsk can be seen in new photos from the scene. 

Residents are left to clear the houses and cars destroyed in the attack, which left four people dead and 34 injured (see 1.54pm post). 

Pokrovsk, in the Donetsk region, is about 15 miles (24km) from the frontline with Russia.

South Korea has adopted a "firm approach" against Russia in the wake of the improving relations between Moscow and North Korea, according to the Institute for the Study of War. 

The US thinktank believes that Russian efforts to threaten Seoul into withholding aid from Ukraine have failed.

South Korean national security director Chang Ho-jin said yesterday that the type of military support that South Korea will provide to Ukraine is contingent on the depth and evolution of Russian military cooperation with North Korea.

Mr Chang had previously said that the partnership between Russia and North Korea had encouraged South Korea to change its long-standing policy prohibiting the transfer of arms to Ukraine.

Vladimir Putin said last week that Seoul would be making "a very big mistake" if it decided to supply arms to Ukraine.

Lord Richard Dannatt, the former head of the army, has been asked for his opinion on what Nigel Farage said about the conflict in Ukraine.

Mr Farage claims the West provoked Russia's invasion.

In response, Lord Dannatt told the BBC: "As far as I'm concerned, Nigel Farage doesn't have a point worth listening to about anything."

On the wider point of a potential conclusion to the war, he said it was "entirely a matter" for President Volodymyr Zelenskyy to decide if negotiating with the Russians "would be a better thing to do [...] to save more lives than continue fighting".

Ukraine has hit more than 30 Russian oil refineries, terminals and oil depots, according to Volodymyr Zelenskyy. 

The president did not provide any additional details or give a time period.

Ukraine has stepped up attacks on Russian oil facilities this year, seeking to disrupt oil supplies to the Russian army and curb Russia's revenues to finance its war against Ukraine.

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Employment-Based Adjustment of Status FAQs

The employment-based (EB) annual limit for fiscal year (FY) 2024 will be higher than was typical before the pandemic, though lower than in FY 2021-2023. We are dedicated to using as many available  employment-based visas  as possible in FY 2024, which ends on Sept. 30, 2024.

Frequently Asked Questions

Q. What information is available regarding how many pending Forms I-485, Application to Register Permanent Residence or Adjust Status, USCIS currently has in its inventory in the employment-based categories by country of chargeability?

A. We publish an inventory report, Form I-485, Application to Register Permanent Residence or Adjust Status - Pending Applications for Employment-Based Preference Categories , intended to provide information about the number of pending Forms I-485 in the employment-based preference categories. The report provides our estimate of how many Forms I-485 we have in our inventory for each employment-based preference category, by selected country of chargeability, and by the month and year of the estimated priority date. A noncitizen with a pending adjustment of status application can use the report to estimate how many Forms I-485 we have in our inventory with earlier priority dates for their employment-based preference category and country of chargeability. Wait times for an employment-based immigrant visa depend on numerous factors, including, but not limited to, supply of visas and demand of visas for a particular preference category (at USCIS and the Department of State (DOS)), priority date, the country to which a visa will be charged (usually an applicant’s country of birth), and statutory limitations (for example, per country caps). The report does not include all those who may eventually be eligible for employment-based immigrant visas.  

How to Read This Report:

This report provides an overview of the estimated volume of pending adjustment of status applications in the employment-based preference categories currently in the USCIS inventory. To determine how many adjustment of status applications in a particular category and country of chargeability have a priority date earlier than a given priority date, first find the sheet in the report with the relevant country of chargeability. Next, determine the relevant “Preference Category” and find the month and year of the priority date to see the volume of pending adjustment of status applications before that preference category and priority date. Every application on the report with a priority date that is earlier than the given priority date is ahead in the queue for adjustment of status. 

Please note, however, that this report does not contain information about DOS inventory, nor does it have any information about noncitizens with pending or approved immigrant visa petitions who have not yet applied for adjustment of status. Note also that this report reflects an estimate based on data available at the time the report was generated. The number of pending applications with older priority dates may change, not only as visas become available and applications are approved but also because of other factors, such as new Form I-485 applications based on older priority dates due to priority date retention or applications transferring from one basis to another (for example, an application transferring from a Form I-140 in the EB-3 category to a Form I-140 in the EB-2 category). This report also contains no information about pending applications for permanent labor certifications or prevailing wage determination requests at the Department of Labor. Therefore, it does not provide a complete picture of those in the queue for employment-based immigrant visas. ( Added 05/14/202 4)  

Q. How many employment-based immigrant visas did USCIS and the Department of State (DOS) use during FY 2023?

A. DOS determined that the FY 2023 employment-based annual limit was 197,091, due to unused family-based visa numbers from FY 2022 being added to the employment-based limit for FY 2023. In addition, 6,396 EB-5 visas carried over from FY 2022 to FY 2023 in the reserved subcategories. By the end of the fiscal year on Sept. 30, 2023, the agencies used all of these employment-based immigrant visas, apart from 10,874 EB-5 visas that Congress has allowed to carry over to the next fiscal year. Of these, USCIS and the Executive Office for Immigration Review (EOIR) approved more than 147,000 employment-based adjustment of status applications for individuals already present in the United States. (Updated 03/07/2024)

Q. Can you estimate how many employment-based immigrant visas USCIS and DOS will use during FY 2024?

A. DOS currently estimates that the FY 2024 employment-based annual limit will be approximately 161,000, due to unused family-sponsored visa numbers from FY 2023 being added to the employment-based limit for FY 2024. In addition to the 161,000 overall limit, in the EB-5 category there are 10,874 extra visas available that Congress has allowed to carry over from the previous 2 fiscal years. USCIS, with its partners at DOS, is committed to using all the available employment-based visas in FY 2024. USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to achieve this goal.

Note: Our Immigration and Citizenship Data “All USCIS Application and Petition Form Types” and “Application for Adjustment of Status (Form I-485)” quarterly reports do not provide a comprehensive picture of employment-based visa use. The  quarterly reports  do not include the visas issued by our partners at DOS, and before FY 2023 they included the 4th preference employment-based categories under “other.” The  quarterly “Legal Immigration and Adjustment of Status”  reports published by the DHS Office of Immigration Statistics include adjustments of status but capture immigrant admissions at ports of entry rather than immigrant visa issuance by DOS, and as a result do not reflect year-to-date visa use. Neither report can be used to determine the number of employment-based immigrant visas used during a quarter. Also, USCIS reminds the public that, as noted in the  Monthly Immigrant Visa Issuance Statistics reports  webpage published by DOS, “individual monthly issuance reports should not be aggregated, as this will not provide an accurate issuance total for the fiscal year to date.” (Added 12/8/2023)

Q. How many family-sponsored or employment-based immigrant visas did USCIS and DOS use during FY 2022?

A. The Department of State (DOS) determined that the FY 2022 employment-based annual limit was 281,507 – more than double the typical annual total – due to unused family-based visa numbers from FY 2021 being allocated to the next fiscal year’s available employment-based visas. By the end of the fiscal year on Sept. 30, 2022, the agencies used all of these employment-based immigrant visas, apart from 6,396 EB-5 visas that Congress has allowed to carry over to the next fiscal year. Of these, USCIS and the Executive Office for Immigration Review (EOIR) approved more than 220,000 employment-based adjustment of status applications for people already present in the United States.

DOS determined that the FY 2022 family-sponsored annual limit was 226,000. By the end of the fiscal year on Sept. 30, 2022, the agencies had used 168,917 of the available visas. Of these, USCIS and EOIR approved more than 12,000 family-sponsored adjustment of status applications for individuals already present in the United States. The approximately 57,000 unused family-sponsored visa numbers from FY 2022 are added to the FY 2023 employment-based limit. (Updated 03/22/2023)

Q. Would you please summarize the changes we see in the October 2023 Visa Bulletin?

A. With the start of fiscal year 2024, DOS can begin allocating employment-based visa numbers from the FY 2024 limit, estimated to be 161,000. As a result, we see a measure of recovery from the retrogressions of FY 2023 in all categories. Every Final Action Date in the Visa Bulletin has advanced from its level in September 2023 (or remained the same), and on Oct. 1, 2023, USCIS and DOS began completing the adjudication of applications filed by noncitizens for whom visas became available.  (Updated 12/8/2023)

Q. Why have the dates in some categories in the October 2023 Visa Bulletin not advanced sufficiently to allow new applications?

A. USCIS and DOS have significant volumes of employment-based adjustment of status and immigrant visa applications in their inventories. For some categories, including EB-2 and EB-3 for noncitizens chargeable to India, the agencies already have sufficient applications on hand to use up all of the available visas for FY 2024 and several fiscal years in the future. INA 203 requires that DOS make “reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year…and to rely upon such estimates in authorizing the issuance of visas.” In addition, INA 245 requires, among other things, an immigrant visa to be “immediately available” at the time an application for adjustment of status is filed. Given these statutory provisions, when the agencies already have enough inventory to use several years’ supply of immigrant visas in a particular category, it is not reasonable to advance the dates in the Visa Bulletin to allow the filing of new applications. (Added 9/15/2023)

Q. What does the October 2023 Visa Bulletin reveal about fiscal year 2024 and future fiscal years?

A. As the agencies rebuild normal operations following the COVID-19 pandemic, fewer unused family-based immigrant visa numbers are carrying over to increase the number of available employment-based immigrant visas in FY 2024. In the years ahead, once there are no more unused family-based numbers, the annual number of available employment-based immigrant visas should return to 140,000.

This limit, established by Congress more than three decades ago, is insufficient to meet the demand for employment-based immigrant visas in every category. Barring a change to the statute or an unexpected reduction in noncitizens seeking employment-based immigrant visas, noncitizens from all countries can expect to see longer waits for immigrant visas.

Within EB-1, the category remains “Current” for noncitizens chargeable to countries other than India and China and the Final Action Dates have advanced for both India and China compared to the September 2023 Visa Bulletin.

Within EB-2, demand for visas from noncitizens chargeable to countries other than India and China is so high that for the first time ever, the category is not “Current” for such applicants at the beginning of a fiscal year.

The same is true in EB-3, where demand from countries other than India and China is very high and so the category will not be “Current” for such applicants at the beginning of the fiscal year for the first time since FY 2018. The Final Action Dates for noncitizens chargeable to India and China in this category have advanced, reflecting the available visas for FY 2024.

As has been true for the past few years, high demand in the EW (Other Worker) category from noncitizens chargeable to countries other than India and China means that such noncitizens will still face a significant wait for visa availability.

In EB-4, the Final Action Dates for noncitizens chargeable to all countries has advanced.

Visas will continue to be available to all noncitizens chargeable to countries other than India and China in the EB-5 category. Noncitizens chargeable to China will continue to benefit from the special statutory exception to the per-country levels in the EB-5 category, and this is reflected by the advancing dates in the Visa Bulletin. The dates for noncitizens chargeable to India in the EB-5 category have also advanced but the category is not “Current,” reflecting the fact that increased demand in the EB-5 category by such noncitizens is greater than the available supply of visas.  (Added 9/15/2023)

Q. With increasingly long waits for employment-based immigrant visas for noncitizens from every country and in most categories, what has USCIS done to help those affected?

A. We are committed to working with Congress to find durable solutions to address the imbalance between the high demand for immigrant visas and the decades-old annual statutory limits. We continue to emphasize that this imbalance needs to be addressed and that only Congress can alleviate the statutory constraint on immigrant visa numbers.

At the same time, we continue to pursue policy and regulatory changes to bring greater certainty, stability, and protection for employer-sponsored noncitizens (as well as self-petitioners, special immigrants and immigrant investors) in the United States. Recent such measures include:

• Establishing (PDF, 352.94 KB) a 5-year validity period for employment authorization documents (EADs)  issued to noncitizens with pending adjustment of status applications, effective Sept. 27, 2023;
• Clarifying (PDF, 352.53 KB) eligibility criteria for O-1A and O-1B individuals of extraordinary ability;
• Updating (PDF, 316.12 KB) USCIS Policy Manual guidance regarding eligibility for the EB-1 Extraordinary Ability and Outstanding Professor or Researcher visa categories;
• Clarifying (PDF, 379.49 KB) eligibility for EB-2 individuals of exceptional ability and advanced degree holders with national interest waivers;
• Updating (PDF, 345 KB) the USCIS interpretation of the Child Status Protection Act to prevent some child beneficiaries from aging out of child status and allowing them to adjust immigration status with their parents;
• Clarifying (PDF, 317.81 KB) the evidence required for physicians seeking a national interest waiver of the job offer requirement;
• Clarifying (PDF, 282.22 KB) eligibility criteria and standards for applications for compelling circumstances employment authorization documents (EADs);
• Clarifying (PDF, 288.53 KB) eligibility for J-1 exchange visitor status;
• Clarifying options for workers whose employment has terminated, either voluntarily or involuntarily, to remain in the United States while securing new employment;
• Updating and expanding the list of degree fields qualifying noncitizen graduates of U.S. universities for STEM optional practical training (OPT);
• Clarifying (PDF, 498.85 KB) that USCIS considers certain E-1, E-2, E-3 and L-2 nonimmigrant dependent spouses employment authorized incident to status, such that they are not required to apply and wait for an EAD, and applying the automatic extension of employment authorization for renewal EAD applications filed by these E and L spouses as well as certain H-4 spouses;
• Establishing a process for healthcare and childcare workers to make an expedited request for processing of initial EAD applications that have been pending for more than 90 days, or renewal applications that would expire within 30 days or have already expired;
• Expanding premium processing to all filers of Form I-140, Immigrant Petition for Alien Workers, and certain filers of Form I-765, Application for Employment Authorization, and Form I-539, Application to Extend/Change Nonimmigrant Status, while adhering to the congressional requirement that such services must not cause an increase in processing times for regular immigration benefit requests;
• Launching a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment at their local field office without having to call the USCIS Contact Center.  (Updated  12/8/2023)

Q. How successful have the agencies been in using the available employment-based visas?

A. For every fiscal year since FY 2007, with the exceptions of FY 2020 and FY 2021, USCIS and DOS have either used all of the available employment-based visas or fallen short by less than 1% of the annual limit. The 2-year period between FY 2020-2021 saw significantly higher than usual annual limits, and the shortfall of visa use in these fiscal years was caused by a shortage of financial resources and COVID-19 pandemic-related operational restrictions, which impacted visa processing. Despite these challenges, USCIS approved more employment-based adjustment of status applications in FY 2020 than in any of the previous 6 years. This trend continued through FY 2021, when USCIS approved what was at the time the second highest number of employment-based adjustment of status applications in the history of the agency. As described above, USCIS and DOS utilized all available employment-based immigrant visa numbers in FY 2022 and FY 2023.

Q. Did DOS retrogress (set back) certain Final Action Dates or apply new Final Action Dates in the Visa Bulletin for October 2022?

A. In the case of the  October 2022 Visa Bulletin , without a  retrogression  of the Final Action Date for India EB-2, visa use by the two agencies would likely have exceeded the available visas within the first few weeks of the fiscal year, in violation of the statute. In setting the first Visa Bulletin of the fiscal year each October, DOS makes reasonable estimates of the available employment-based immigrant visas in each category. It then, in collaboration with USCIS, reviews the pending inventory of adjustment of status and immigrant visa applications, makes reasonable estimates of new applications, estimates how many of the pending and newly filed applications are likely to result in visa use during the fiscal year, and compares those values to the available visas.

When estimating how many pending or newly filed applications are likely to result in visa use during a fiscal year, the agencies consider a variety of factors, including but not limited to:

• The potential that a certain percentage of applications will not be approved;
• Accounting for noncitizens who have multiple pending adjustment of status applications in different categories;
• Estimating and considering the number of family members who may decide to immigrate with the principal applicant;
• Considering where applications are in the adjudication process and how likely they are to result in visa use in the immediate future; and
• Adjustment of status applicants with multiple pending or approved immigrant visa petitions in different EB categories who may decide to transfer between categories based on which category seems most advantageous to them.

When the amount of demand for a particular category (or a country within a category) exceeds the supply of visa numbers available, the category/country is considered “oversubscribed” and DOS applies a cut-off date in the Final Action Dates chart to ensure that visa use remains within the annual limits, as well as the category and per-country limits and order of consideration, as established by Congress. (Updated 12/8/2023)

Q. Why did DOS retrogress the India EB-3 Final Action Date in the July 2023 Visa Bulletin?

A. DOS has answered this question in Item F of the July 2023 Visa Bulletin and in a further clarifying notice at Travel.State.Gov . (Added 06/16/2023)

Q. Why do the dates in the Visa Bulletin sometimes retrogress?

A. Congress explicitly directs DOS to “make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within [the family-sponsored, employment-based and diversity categories] and to rely upon such estimates in authorizing the issuance of visas.” See  INA 203(g) . DOS makes such estimates, and the Visa Bulletin reflects those “reasonable estimates.” However, these are estimates, and DOS, working collaboratively with USCIS, cannot know exactly how many individuals may ultimately apply for adjustment of status or an immigrant visa or have their applications approved. The demand for visas for adjustment of status depends on the response of noncitizens to the Visa Bulletin and the demand for immigrant visas depends on the response to the DOS Welcome Letter issued by the National Visa Center. Visa availability for a particular category or country can also change throughout the year through the fall up/fall down provisions (explained in the Allocation of Visa Numbers section on this page), through lower (or higher) use of family-sponsored visas (for example, by noncitizens chargeable to India or China), and through lower (or higher) than anticipated demand from applicants chargeable to countries other than India or China.

This balancing act is a result of Congress allowing DOS to rely on “reasonable estimates of the anticipated numbers of visas to be issued” while setting very strict and detailed annual limits and rules for the distribution of visas. Congress created a system in which DOS must regularly adjust the population of noncitizens who can potentially be issued visas (set by the Final Action Dates) in order to create sufficient demand for such visas (allowing the agencies the best chance to use all of the visas) while also restricting the issuance of such visas (to ensure that visa issuance remains within the limits established by Congress).

When the demand for visas is higher than estimated and/or the availability of visas is lower than estimated, this may require retrogression of a Final Action Date to ensure that visa use remains within the limits established by Congress and that visas within a particular queue (based on category and country of chargeability) are generally allocated to those with the earliest priority dates as possible. (Added 10/26/2022)

Q. Why, as DOS noted in Part F of the August 2023 Visa Bulletin , do so many noncitizens chargeable to India have pending applications in the EB-1 category with older priority dates?

A. It is common for noncitizens to have approved immigrant visa petitions in multiple categories, particularly when a noncitizen faces a significant wait for an available visa. Over time, a noncitizen may develop additional skills or qualifications that make them eligible to be the beneficiary of a petition in one of the EB-1 subcategories. Such noncitizens may decide to self-petition or have an employer file a petition on their behalf in EB-1, particularly if it would result in becoming an LPR much more quickly than in EB-2 or EB-3 visa categories. Under 8 CFR 204.5(e), a noncitizen who is the beneficiary of multiple approved employment-based petitions in these categories may use the earliest priority date, with some exceptions. Many noncitizens from India with priority dates in 2012 through 2015 have pursued this option and as a result, the agencies’ pending inventory has a significant volume of such applications. ( Added 07/14/2023)

Q. Does retrogression affect my priority date or place in line for an immigrant visa?

A. If a noncitizen is seeking a visa in a preference category that required a labor certification from the Department of Labor (DOL), their priority date generally is the date DOL accepts the labor certification application for processing. For all other employment-based preference categories, the priority date generally is the date USCIS accepts the underlying petition for processing. Retrogression does not affect your priority date or your place in line for an immigrant visa. You may still receive a visa when one becomes available to you based on that priority date. Retrogression only means that due to the high demand for visas exceeding the statutory limits, visas are not available to all noncitizens who want them, even if they have already filed an application for adjustment of status.

Q. My category retrogressed or a Final Action Date was applied. What is my path forward to a Green Card?

A. When a visa becomes available to you in the future based on the Final Action Date for your country and category as compared to your priority date, USCIS will be able to approve your adjustment of status application if you are admissible, merit a favorable exercise of discretion, and are otherwise eligible. While your I-485 application for adjustment of status is pending, you are eligible to seek certain benefits, among which are:

• You may apply for employment authorization , which, if granted, is not tied to a particular employer, position, or job classification, and is currently granted in increments of up to 5 years;
• You may apply for advance parole , which, if granted, authorizes you to travel outside of the United States during the advance parole validity period (also now 5 years) and apply for parole into the United States upon your return (at a U.S. port of entry) without abandoning your adjustment of status application;
• If your employment-based adjustment of status application has been pending with USCIS for 180 days or more, you may request to “port” the underlying job opportunity upon which your adjustment is based to a new employer or new job offer that is the same or similar to the original one without the portability request alone impacting your priority date;
• Depending on the facts of your case, your children who have also applied for adjustment of status as your derivative beneficiaries might not age out of eligibility to adjust status as your derivative beneficiaries; and
• You are generally considered to be “in a period of stay authorized” while your application is pending and would not accrue unlawful presence while “in a period of authorized stay.”

Please note that USCIS is making every effort to reduce processing times for employment authorization and advance parole applications. (Updated 12/8/2023)

Q. If my adjustment of status application was approved, but then the Final Action Date for my category and country of chargeability later retrogresses, does that affect my status as a lawful permanent resident?

A. Retrogression has no effect on lawful permanent residents. (Added 10/26/2022)

Q. Does retrogression affect consular processing?

A. Yes. DOS and USCIS are only authorized to issue immigrant visa numbers (for purposes of consular processing or adjustment of status) if the applicant in the given family-sponsored or employment-based preference category has a priority date that is earlier than the date shown in the Final Action Dates chart of the Visa Bulletin for their country of chargeability and immigrant visa category (or the Visa Bulletin shows that the category is current, that is, visa numbers are authorized for issuance to all qualified applicants).  (Added 10/26/2022)

Q. How does retrogression of the Final Action Dates affect eligibility for exemption from the 6-year limit on H-1B status?

A. Under INA 214(g)(4) , the period of “authorized admission” as an H-1B nonimmigrant “may not exceed 6 years.” However, there are certain exemptions to this limitation, including the exemption established by Congress in section 104(c) of the American Competitiveness in the Twenty-First Century Act (PDF)  and codified in regulation in 8 CFR 214.2(h)(13)(iii)(E) . Under that exemption, USCIS may grant additional periods in H-1B status in increments of up to 3 years for a noncitizen who currently maintains or previously held H-1B status, who is the beneficiary of an approved EB-1, EB-2, or EB-3 immigrant visa petition, and who is eligible to be granted lawful permanent resident (LPR) status (also known as obtaining a Green Card) in one of those categories but for the application of the per country limitation. If an applicant for adjustment of status is otherwise eligible for the exemption and does not have an immigrant visa available to them in EB-1, EB-2, or EB-3 due to the application of the per-country limitations of INA 202(a)(2 ), USCIS may grant additional periods in H-1B status in increments of up to 3 years. (Added 10/26/2022)

Q. Does retrogression, the issuance of a Request for Evidence or Notice of Intent to Deny, or the scheduling of an interview reset the 180-day portability clock?

A. No. For more information about portability, please see Volume 7, Part E, Chapter 5 of the USCIS Policy Manual . (Added 10/26/2022)

Q. Do biometrics “expire” due to retrogression?

A. No, the biometrics collected by USCIS in connection with a pending adjustment of status application never “expire.” While biometrics-based background checks are valid for a period of 15 months, USCIS refreshes the background check associated with the pending adjustment of status application by resubmitting the previously provided biometrics; a new biometrics appointment is not required. (Added 10/26/2022)

Q. How are unused family-sponsored visa numbers from the previous fiscal year that are added to the employment-based limit in the current fiscal year distributed, given the per-country limits?

A. Under INA 201(d)(2) , the unused family-sponsored visa numbers from the previous fiscal year are added to the overall employment-based limit. Under INA 203(b ), that overall employment-based limit is then divided between the 5 employment-based preference categories based on the fixed percentages as described above. However, within each employment-based category, the visas are still distributed with the per-country limits in effect, unless the exception to the per country limits of INA 202(a)(5) applies within that category. This exception is explained in detail in this section of the FAQ. The unused family-sponsored visa numbers added to the employment-based limit in the subsequent fiscal year are not automatically distributed to applicants with the earliest priority dates because the per-country limits still apply. (Updated 12/8/2023)

Q. If a category/country is “Current” in the Visa Bulletin, does that mean that there must be little or no inventory of pending applications with USCIS and DOS for that category/country?

A. No. A category can be “Current” in the Visa Bulletin even when there are tens of thousands of applications pending with the agencies. “If there are sufficient [remaining visa] numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered ‘Current.’” See DOS’s The Operation of the Immigrant Numerical Control System (PDF) . For example, if EB-2 has 49,000 visas available for applicants from countries other than India and China, and there are 48,000 pending applications, then the category can be “Current.” (Added 10/26/2022)

Q. If visas are “not required” in a particular employment-based category, are they made available in the other employment-based categories?

A. Congress has established statutory provisions that allow for the flow of visas “not required” in certain employment-based categories to be made available to applicants in other employment-based categories. These are commonly referred to as the “fall up/fall down” provisions. Under INA 203(b) , visas not required in EB-4 and unreserved visas not required in EB-5 are made available in EB-1. Visas not required in EB-1 are made available in EB-2, and visas not required in EB-2 are made available in EB-3. Congress did not create a pathway in the statute for visas not required in EB-3 to be made available in another employment-based category. Please note that with the enactment of the EB-5 Reform and Integrity Act of 2022 on March 15, 2022, Congress established special rules for the carryover of certain unused EB-5 visas from one fiscal year to the next. As a result, not all EB-5 visas that are “not required” in that category can be made available in EB-1. DOS, in collaboration with USCIS, considers every month if visas may be “not required” in a particular employment-based category based on reasonable estimates, and sets the dates in the Visa Bulletin accordingly. This can happen as early as the first month in a fiscal year, depending on the underlying data. For example, in FY 2021 it was clear from the beginning of the fiscal year that a significant number of visas would not be “required” in EB-1 and the dates for EB-2 in the October 2020 Visa Bulletin reflected the reasonable estimate that visas would “fall down” to EB-2. As another example, in early FY 2022 it was clear that a significant number of visas would “fall up” from EB-5 to EB-1, and “fall down” from EB-1 to EB-2, and the dates in the Visa Bulletin reflected these reasonable estimates. Below is a visual representation of the “fall up/fall down” provisions. (Updated 03/22/2023)

Q. Why does USCIS not allow noncitizens to apply for adjustment of status based on the Dates for Filing chart every month of the year?

A. When we determine that there are immigrant visas available for the filing of additional adjustment of status applications, noncitizens must use the Dates for Filing chart to determine when to file an adjustment of status application with USCIS. Otherwise, use the Final Action Dates chart to determine when to file an adjustment of status application with us. We make this determination monthly based on how many visa numbers remain available for the year, USCIS and DOS visa-available inventory, and operational considerations.

Q. What is the “per-country limit”?  Does it apply to each employment-based preference category separately?

Under INA 202(a)(2) , “the total number of immigrant visas made available to natives of any single foreign state…under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent…of the total number of such visas made available under such subsections in that fiscal year.” Accordingly, there is a 7% annual per-country limit that applies to all the family-sponsored and employment-based preference categories combined.

The per-country limit only applies to noncitizens becoming lawful permanent residents in the family-sponsored and employment-based preference categories under INA 203(a) and (b). Under the statute, the 7% per-country limit does not apply to each individual category and does not apply to the employment-based or family-sponsored visas on their own. For example, in FY 2023, the employment-based limit was 197,091 visas and the family-sponsored limit was 226,000 visas, added together for a total of 423,091 visas. Natives of a single foreign state could receive up to 7% of that total, or 29,616 visas in the employment-based and family-sponsored categories combined. If, in this example, DOS were to allocate 5,000 family-sponsored visas to natives of a single foreign state, then 24,616 employment-based visas would still be available to be allocated to natives of that foreign state, divided according to the usual statutory formula between the various employment-based categories.

Currently, the countries that exceed the 7% per-country limit are China, India, Mexico, and the Philippines. INA 202(a)(5)(A) provides limited statutory exceptions to the per-country limit which can result in noncitizens from a single foreign state receiving more than 7% of the combined family-sponsored and employment-based limits (see details below). Please note that admission to the United States in other immigrant or nonimmigrant categories, parole into the United States, admission as a refugee, or any other manner of entering the United States have no impact on the per-country limit. (Updated 04/03/2024)

Q. When does the special exception to the per-country levels for the employment-based categories apply?

A. Under INA 202(a)(5)(A), if the total number of visas available in one of the employment-based categories for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available in that category will be issued without regard to the per-country numerical limitation. This can happen as early as the first day of a fiscal year, depending on the relevant data. USCIS understands that there are some misconceptions about this topic, and states again that this special exception to the per-country levels applies (if the statutory criteria are met) in any quarter of a fiscal year, not just in the fourth quarter. For example, in the October 2022 Visa Bulletin, EB-1 was “Current” for all countries of chargeability, indicating that the exception applies (based on reasonable estimates) and that visas in that category are being issued without regard to the per-country numerical limitation, benefitting applicants chargeable to India and China. Please note that if DOS has established a worldwide Final Action Date for an immigrant visa category, DOS has estimated that the total number of visas available in that category is less than the number of qualified immigrants who may otherwise use such visa numbers. For example, in the third and fourth quarters of FY 2023, DOS established a worldwide Final Action Date for EB-3. As a result, during those two quarters, the exception to the per-country limits did not apply in EB-3. (Updated 04/03/2024)

Q. How do the agencies apply the quarterly limits to visa allocation in the family-sponsored and employment-based preference categories?

A. INA 201(a)(2) states that employment-based immigrants who may be issued immigrant visas or who may otherwise acquire LPR status are limited to 27% of the worldwide EB annual limit in each of the first 3 quarters of the fiscal year. The quarterly limits do not apply to individual categories or countries; they apply to the use of all employment-based immigrant visas as a whole. For example, in the first quarter, the agencies could use 50% of the visas available in the EB-4 category, provided that overall use across all the EB categories did not exceed 27%. There is no quarterly allocation of visas for a specific country or category. As a result, there is no additional batch of visa numbers allocated to a particular country or category (for example, India EB-2) at the start of each quarter and the Final Action Dates established in the Visa Bulletin generally reflect the annual category and per-country limits. The same is true for the family-sponsored categories, as stated in INA 201(a)(1) . (Added 03/22/2023)

Q. When is a visa number subtracted from the annual limit?

A. A visa number is subtracted from the annual limit when DOS issues an immigrant visa to a noncitizen through consular processing or when a noncitizen acquires lawful permanent resident status upon approval of their application for adjustment of status, either with USCIS or EOIR of the U.S. Department of Justice. A visa number is not subtracted from the annual limit based on any other preliminary step in the adjudication process (that is, not at the time of filing, not at the time of interview scheduling, not at the time of transferring to a USCIS field office, not with the issuance of a Request for Evidence, not with the approval of the underlying immigrant visa petition, not with the granting of a transfer of underlying basis request, etc.). There is also no reservation or pre-allocation of a visa number to an applicant at any of these procedural steps. If USCIS has approved an adjustment of status application for a principal applicant, but the applications of dependent family members remain pending, immigrant visa numbers have not yet been subtracted from the annual limit for the dependent family members. (Updated 03/22/2023)

Q. What is cross-chargeability and how does USCIS apply it?

A. In certain situations, an applicant may benefit from the charging of their visa number to their spouse’s or parent’s country of birth rather than their own. This is known as cross-chargeability, and is found in INA 202(b) .

In practice, cross-chargeability is used where the preference quota category is backlogged for one spouse’s country of chargeability but a visa is available for the other spouse’s country of chargeability. The principal applicant may cross-charge to the derivative spouse’s country, and the derivative spouse may cross-charge to the principal’s country.

Derivative children may cross-charge to either parent’s country as necessary. Parents may not cross-charge to a child’s country. In other words, the principal applicant or derivative spouse may never use their child’s country of birth for cross-chargeability.

Whenever possible, USCIS applies cross-chargeability to preserve family unity and allow family members to immigrate together.

For more information, please see the USCIS Policy Manual, Volume 7, Part A, Chapter 6 . (Added 10/26/2022)

Q. When USCIS uses the phrase “visa available” when referring to pending applications for adjustment of status, what does this mean?

A. When USCIS uses the phrase “visa available” in reference to a pending adjustment of status application, it means that the applicant in the given family-sponsored or employment-based preference category has a priority date that is earlier than the date shown in the Final Action Dates chart of the Visa Bulletin for their country of chargeability and immigrant visa category (or the Visa Bulletin shows that the category is current, that is, visa numbers are authorized for issuance to all qualified applicants). Please note that just because a visa is available for issuance to an applicant does not mean that the applicant has been allocated a visa. (Added 10/26/2022)

Q. How does USCIS determine if an immigrant visa is “immediately available” when considering whether to accept or reject an adjustment of status application?

A. Under the regulations, an immigrant visa in the family-sponsored and employment-based preference categories “is considered available for accepting and processing” the adjustment of status application “if the applicant has a priority date…which is earlier than the date shown in the [Visa] Bulletin” for their country and category (or the Visa Bulletin shows that the category is current, that is, visa numbers are authorized for issuance to all qualified applicants). See 8 CFR 245.1(g)(1) . To make this determination, USCIS consults the appropriate chart in the Visa Bulletin (Final Action Dates or Dates for Filing) for the month when the application was received at the correct USCIS filing location per the form instructions. USCIS posts which charts may be used on its Adjustment of Status Filing Charts from the Visa Bulletin . Only the publication of a revised Visa Bulletin for a month would alter USCIS’ decision about accepting or rejecting an application due to visa availability.

Please note that accepting or rejecting a benefit request is part of USCIS intake processing; it is not the approval or denial of the benefit request by an adjudicator. (Added 10/26/2022)

Q. What is the difference between the Dates for Filing chart and the Final Action Dates chart?

A. The Final Action Dates charts indicate when an applicant may be scheduled for a consular interview and when their case may be processed to completion by DOS or USCIS. Immigrant visa numbers can be authorized for issuance only for an applicant whose priority date is earlier than the Final Action Date for their category and country of chargeability (or the category is Current).

The Dates for Filing charts indicate when an application is within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the Date for Filing for their category and country of chargeability (or the category is Current) may assemble and submit required documents to the DOS National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. For noncitizens interested in pursuing adjustment of status, USCIS may allow them to apply for adjustment based on the Dates for Filing chart.  This is a monthly determination. and we announce this on our website .  (Added 9/15/2023)

Q. When is a derivative child’s applicant age locked under the Child Status Protection Act, and how is that age calculated?

A. In the employment-based preference categories, a child’s age under the  Child Status Protection Act (CSPA)  is the child’s biological age at the time of visa availability less the amount of time that the underlying petition was pending, but only if the child sought to acquire status as a lawful permanent resident within one year of the date a visa is available. For more information about when a visa is considered available for CSPA purposes, as well as other details about CSPA, please see  Volume 7, Part A, Chapter 7 of the USCIS Policy Manual .

Q. When USCIS adjudicates a principal applicant’s adjustment of status application, does USCIS also adjudicate the adjustment of status applications of the dependent family members? What if dependent family members are not approved before priority dates move back?

A. USCIS makes every effort to adjudicate the principal and derivative family members at the same time, but this is not always possible. Two things that applicants can do to help USCIS adjudicate a family’s applications together are:

• Providing as much of the information requested in the section of Form I-485 titled “Information About Your Immigrant Category” as possible; and
• Ensuring that all applications include the required evidence for each family member.

If we deem approvable a Form I-485 of a derivative family member and a visa number is not available based on the Final Action Dates chart in the Visa Bulletin at the time we make that determination, the application will remain pending until a visa number is available, DOS allocates a visa, and USCIS completes the adjudication.

Please note that when INA 203(d) states that a derivative family member “shall…be entitled to the same status, and the same order of consideration…if accompanying or following to join” the principal applicant, it means that a derivative has the same priority date (order of consideration) and same immigrant visa category as the principal applicant. It does not mean that the derivative spouse or child always receives a visa or adjusts status on the same date as the principal applicant. This is clear from the language about “accompanying or following to join,” which allows a derivative to receive an immigrant visa or adjust status after the principal applicant. For more information about derivative applicants and “accompanying or following to join,” please see Volume 7, Part A, Chapter 6 of the USCIS Policy Manual . (Updated 03/22/2023)

Q. If I applied for adjustment of status as a principal applicant, and my spouse applied as my dependent family member, but now visas are unavailable for us based on my petition but they are available based on a petition filed for my spouse, may we transfer our pending adjustment of status applications to her petition?

A. Yes. In a situation like this, where both spouses have one or more petitions that could serve as the underlying basis for their adjustment of status applications, they can request to transfer the underlying basis from a petition filed on behalf of one spouse to a petition filed on behalf of the other if the new immigrant visa category allows for dependent spouses. For example, the couple could not transfer to a petition filed in an immediate relative category where dependents are not permitted under the statute. This is different from cross-chargeability, which is when an applicant may benefit from the charging of their visa number to their spouse’s or parent’s country of birth rather than their own. For more information about cross-chargeability, please see the Allocation of Visa Numbers section on this page. (Added 10/26/2022)

Q. If I applied for adjustment of status as a principal applicant but my spouse or children did not apply at the same time as I did, may they apply for adjustment of status in the future?

A. Yes, if they are otherwise eligible. Derivative family members may accompany or follow to join a principal applicant and may apply for adjustment of status (or an immigrant visa) while the principal applicant’s application is pending or after the principal applicant has become an LPR. However, the derivative family member must meet the eligibility requirements to file for adjustment of status, including that an immigrant visa is immediately available to them at the time they file their application. As a result, if a visa is no longer available to the family member due to retrogression or the application of a Final Action Date, they must wait for a visa to again become available before they are eligible for adjustment of status. If the principal beneficiary becomes an LPR and loses their LPR status or naturalizes before the derivative family member’s adjustment of status, the derivative is no longer eligible for the classification as an accompanying or following-to-join family member. A family member may be eligible for LPR status as the spouse, child, or adult son or daughter of a U.S. citizen. (Added 9/15/2023)

Q. What is a transfer of the underlying basis of an adjustment of status application?

A. An adjustment of status applicant whose application is based on a particular immigrant category occasionally prefers to have the pending application considered under another category. For example, an applicant who applied for adjustment of status concurrently with an employment-based petition in one preference category may want to transfer the underlying basis of their Form I-485 to a new employment-based petition filed by a different employer in a different preference category. There is no fee associated with submitting a request to transfer the underlying basis of your Form I-485, and you do not have to submit a new adjustment of status application with your transfer request. You may also transfer the underlying basis of your Form I-485 from the new petition back to your original petition, or to another petition, by submitting a new transfer request. For more information about transferring the underlying basis of your adjustment of status application, see Volume 7, Part A, Chapter 8 of the USCIS Policy Manual . (Added 03/22/2023)

Q. How does the transfer of underlying basis request process work?

A. We have created a centralized location for the receipt of transfer of underlying basis requests between the employment-based preference categories that are accompanied by a Form I-485 Supplement J. You may submit your written request and completed Supplement J to:

U.S. Postal Service (USPS):

USCIS Attn: Supp J PO Box 660834 Dallas, TX 75266-0834

FedEx, UPS, and DHL deliveries:

USCIS Attn: Supp J (Box 660834) 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067-8003

You should only send transfer requests accompanied by a Supplement J to this address. Do not send other forms, documents, or evidence to this address.

Employment-based transfer requests that are not accompanied by a Supplement J should be submitted in writing to the USCIS office with jurisdiction over your pending I-485 application.

If you have already submitted a transfer request to a USCIS office, you should not submit a new request. All requests to transfer the underlying basis already received or that will be received at a USCIS office will be processed as usual by the USCIS office with jurisdiction over your pending Form I-485.

For transfer requests accompanied by Supplement J submitted to this address at the Dallas Lockbox, we scan the documents, upload the Supplement J information into our systems (generating a receipt notice), and notify the office or service center that currently holds the related adjustment of status application that the scanned request is available in our electronic systems. A USCIS officer reviews the transfer request and will grant or deny the request as a part of the adjudication of the adjustment of status application.

A receipt notice does not mean that USCIS has granted the transfer request, it just indicates that USCIS has uploaded the Supplement J information into our systems. USCIS does not notify the applicant when it grants a transfer request. (Updated 10/26/2022)

Q. How does a transfer of underlying basis request affect the calculation of a child’s age under the Child Status Protection Act (CSPA)?

A. As stated in  Volume 7, Part A, Chapter 7 of the USCIS Policy Manual , “[i]f an applicant has multiple approved petitions, the applicant’s CSPA age is calculated using the petition that forms the underlying basis for the adjustment of status application." When we approve a request to transfer the underlying basis of the pending adjustment of status application, we calculate the CSPA age using the approved petition that forms the new basis of the adjustment application. If we transfer an applicant’s underlying basis, then we calculate an eligible applicant’s CSPA age using the applicant’s age at the time the immigrant visa becomes available in the new category minus the time the immigrant petition that forms the new basis of the adjustment of status application was pending. (Updated 03/22/23)

Q. If the immigrant visa petition underlying my pending adjustment of status application has not been adjudicated, will this prevent me from transferring the basis to a different petition?

A. No. If you have a pending petition, that does not prevent us from granting a request to transfer the underlying basis of your pending Form I-485 to a different Form I-140.

Q. Why must applicants request to transfer the underlying basis of their pending Form I-485? Why does USCIS not review its records and make the decision for the applicants?

A. The decision to grant a transfer request is made in the discretion of USCIS. If we grant the transfer request, we will adjudicate the Form I-485 application based on the petition to which the Form I-485 was transferred. If we do not grant the transfer request, we will adjudicate the Form I-485 application based on the petition associated with the Form I-485 application prior to the transfer request.

We do not presume to know whether an adjustment of status applicant would like to transfer their pending Form I-485 application from the petition on which it is currently based to a different petition. We require transfer requests to be in writing from the applicant to ensure that the record accurately reflects the basis on which the applicant requests us to adjudicate the adjustment of status application.

To highlight the importance of applicants making this decision themselves and communicating it to us, here is an example. Consider a noncitizen with a pending Form I-485 who does not have an available visa based on the underlying petition. They have an older approved petition in a different preference category where a visa is available to them. However, the petition was filed over 10 years ago, and the noncitizen no longer has a relationship with the potential employer, or the employer may no longer exist or no longer be willing to employ the noncitizen. As a result, the noncitizen could not adjust status based on that petition.

Q. What happens when an EB-3 I-140 downgraded petition is pending and attached to a still-pending Form I-485? Is it true that the EB-3 I-140 does not have to be approved to allow a transfer of underlying basis of the Form I-485 to an approved EB-2 I-140 where the EB-2 priority date is earlier than the Final Action Date for the relevant category and country of chargeability?

A. A pending EB-3 petition in this scenario does not prevent USCIS from granting the applicant’s request to transfer the underlying basis of their pending Form I-485 to a separate, approved Form I-140.

Q. If USCIS has granted my transfer of underlying basis request, does it mean that an immigrant visa has been allocated to me?

A. No, USCIS granting an applicant’s transfer of underlying basis request does not mean that an immigrant visa has been allocated to the applicant. For more information about transfer of underlying basis, please see Volume 7, Part A, Chapter 8 of the USCIS Policy Manual . (Added 10/26/2022)

Q. If USCIS grants my transfer of underlying basis request, will USCIS consider my eligibility for adjustment of status on both bases? For example, if I applied for adjustment of status based on an EB-3 petition and USCIS granted my transfer request to an EB-2 petition, will USCIS consider my eligibility on either petition?

A. No, if USCIS grants an applicant’s transfer of underlying basis request, USCIS will only adjudicate the adjustment of status application on the most recently granted transfer request. If an employment-based adjustment of status applicant wants to transfer to another basis, they must submit a new transfer request. In this example, USCIS would only consider the applicant’s eligibility for adjustment on the basis of the EB-2 petition, unless the applicant again requested a transfer to a third basis. (Added 10/26/2022)

Q. If I am applying for adjustment of status, should I submit Form I-693 with my Form I-485?

A. USCIS strongly encourages adjustment of status applicants to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, with their Form I-485, Application to Register Permanent Residence or Adjust Status. Doing so will help limit the need for USCIS to send Requests for Evidence, reduce processing times, and aid USCIS as it works with DOS to use all available visas. ( Updated 12/8/2023)

Q. If I did not file a Form I-693 with my pending Form I-485, should I send one in now or wait for USCIS to request it, and why?

A. Noncitizens with pending adjustment of status applications should not send an unsolicited  Form I-693  to us. Given the rapid movement of files between directorates and offices as we strive to optimize resources across the agency, it would be difficult to match an unsolicited Form I-693 with the related adjustment of status applications in a timely and efficient manner. This could delay the adjudication of adjustment of status applications while Forms I-693 are matched up to adjustment applications. We are proactively identifying employment-based adjustment of status applications with available visas that lack a valid Form I-693 and contacting applicants directly to request that form.

If your underlying petition is approved and a visa is available to you, but you know that your previously filed Form I-485 does not have a valid Form I-693, it will help USCIS use the available visas and adjudicate your application if you  visit a civil surgeon  and have a valid Form I-693 on hand when we send the request to you.

Q. My immigrant visa petition has been approved and I have a pending adjustment of status application. What happens next?

A. USCIS transfers adjustment of status applications in the first three employment-based preference categories from the Texas Service Center (TSC) and Nebraska Service Center (NSC) to the National Benefits Center (NBC) after the approval of the petition. The Field Operations Directorate will adjudicate the adjustment of status applications. ( Updated 12/8/2023 )

Q. Under what circumstances does the National Benefits Center (NBC) adjudicate employment-based adjustment of status applications?

A. The NBC is responsible for the final adjudication of EB I-485s that have been reviewed by an officer in the field or at a service center where the case is eligible for approval but for the fact that the visa is unavailable. Cases meeting this criterion are referred to as “regressed visa cases.” Regressed visa cases are sent to the NBC where a review is conducted to ensure information is properly captured in USCIS systems, the records are complete, and to confirm the visa is unavailable. When a visa becomes available (either through a Visa Bulletin update or through a change of visa classification to one with an available visa) and DOS has allocated an immigrant visa number, NBC will adjudicate the case to completion.

Additionally, in other contexts and under certain conditions, if a case is located at the NBC and meets the interview waiver criteria, the NBC may adjudicate to completion. Examples of other instances in which the NBC may adjudicate a Form I-485 to completion include cases reopened on service motion where the denial was issued by NBC, cases associated with litigation, or other time sensitive cases.

Q. My employment-based adjustment of status application is currently at the TSC or NSC. Do the published processing times for the TSC or NSC show how long it will take to process my application?

A. The TSC and NSC are responsible for adjudicating employment-based petitions. Upon approval of the petitions, adjustment of status applications in the first three employment-based preference categories are then generally sent to the NBC and are adjudicated by the Field Operations Directorate. Only a few adjustment applications in EB-1, EB-2, and EB-3, usually with complex fact patterns and extended procedural histories, will remain at TSC and NSC for adjudication. Since very few adjustment applications in the first three employment-based preference categories are being adjudicated at the TSC and NSC, while those service centers are actively adjudicating EB-4 adjustment applications, the published processing times for adjustment of status applications at those service centers do not provide applicants in those first three categories with relevant information to estimate how long it will likely take to process their applications. If you have a pending employment-based adjustment of status application in the first three categories, the agency-wide fiscal year to date median processing time, available on uscis.gov at  Historic Processing Times , would be the most relevant processing time information.

Q. Will my application for adjustment of status be processed faster if I submit my employment-based petition separately and then submit the application for adjustment of status the following day?

A. No. Before the adjudication of an application for adjustment of status, the underlying employment-based petition must first be approved at the TSC or NSC. Applications filed for adjustment of status in the first three employment-based preference categories are sent to the NBC with their approved underlying employment-based petitions as part of the adjudication process, whether they are filed separately or concurrently. An adjustment of status application sent to the NBC cannot be adjudicated until the employment-based petition at the TSC or NSC has been adjudicated. For this reason, submitting the employment-based petition separately from the adjustment of status application does not result in an applicant receiving an earlier decision on their Form I-485.

Q. If I have more than one pending application for adjustment of status, and USCIS approves one of them, what does it do with the others?

A. If a noncitizen has become a lawful permanent resident, USCIS would deny any other pending adjustment of status applications. (Added 10/26/2022)

Q. What does a “Case Remains Pending” message mean in the USCIS Case Status Online tool and is USCIS proceeding with the adjudication of applications displaying this message?

A. A “Case Remains Pending” message in the USCIS Case Status Online tool indicates that an officer reviewed the application and determined that it could not be approved on that date because DOS could not allocate a visa number. Once a visa number can be allocated, USCIS will resume the processing of the application but not every action that USCIS takes on an application results in a change in the message displayed in the online case status. If the applicant has submitted a transfer of underlying basis request, USCIS will continue processing that request and moving the application forward in the adjudication process. (Updated 03/22/2023)

Q. Why do some adjustment of status applicants see the status of their applications change to “Case Was Updated to Show Fingerprints Were Taken” in the USCIS Case Status Online tool when they had provided biometrics months earlier?

A. This notification is made automatically as a result of an internal update made to USCIS systems. For example, more than 100,000 applicants who had previously provided biometrics received this automatic update in October and November 2022 and some applicants continue to see such automatic updates. USCIS received these applicants’ biometrics previously and still has them associated with their applications in its systems. If you received this notice as a result of the automatic update, your case will continue to be processed per standard procedures. (Updated 12/8/2023)

Q. Why do adjustment of status applicants who have lived in the United States for many years have to demonstrate that they are not inadmissible under the health-related grounds of INA 212(a)(1)?

A. USCIS may only adjust the status of a noncitizen to lawful permanent residence under INA 245(a) if the noncitizen demonstrates that they are “admissible to the United States for permanent residence.” The statutory language relating to both adjustment of status and the health-related grounds of inadmissibility require USCIS to apply those grounds of inadmissibility to all adjustment of status applicants regardless of the number of years they have already lived in the United States in other statuses (with a limited exception for immunizations for certain adopted children 10 years of age or younger). USCIS cannot create a waiver or exemption from the health-related grounds of inadmissibility where Congress has not done so. (Updated 10/26/2022)

Q. Why does USCIS conduct interviews for employment-based adjustment of status applications when a visa is not currently available under the Final Action Dates chart in the Visa Bulletin?

A. USCIS conducts interviews for some employment-based adjustment of status applications even though a visa is not currently available under the Final Action Dates chart in the Visa Bulletin to ensure that USCIS can expediently approve those applications when a visa does become available and DOS has allocated an immigrant visa number. Visa availability is not the only consideration for the eligibility of an applicant for adjustment of status, and only after USCIS has determined in its discretion that an application is approvable do USCIS officers request a visa from DOS. In some cases, USCIS will issue written notices in the form of a Request for Evidence (RFE) to request initial or additional evidence to determine an applicant’s eligibility for adjustment of status. By conducting interviews before a visa is immediately available, officers can address any eligibility concerns and issue an RFE, if needed. If the applicant fails to demonstrate eligibility for adjustment of status, or that the applicant merits a favorable exercise of discretion, USCIS can deny the application. If the application is approvable but for the lack of an available visa, when a visa becomes available and DOS allocates the visa, USCIS can approve the application without an additional delay.

Q. Some noncitizens, particularly in the employment-based preference categories, have multiple pending adjustment of status applications. Can USCIS identify these in its inventory, and do the agencies take these multiple applications into account when setting the dates in the Visa Bulletin?

A. Yes, we can identify multiple adjustment of status applications filed by the same noncitizen (whether as a principal applicant or a derivative applicant) and do take them into account when collaborating with DOS on the Visa Bulletin. Generally, the volume of duplicate applications is very low and has minimal impact on the analysis. As of May 1, 2024, approximately 3% of the pending employment-based adjustment of status applications with USCIS were duplicates or multiple applications filed by the same noncitizen. For noncitizens chargeable to India, approximately 4% were duplicate applications. Narrowing it further to only EB-2 and EB-3 applications filed by noncitizens chargeable to India, approximately 5% were duplicate applications. Please note that these percentages apply to the entire inventory of pending employment-based adjustment of status applications with USCIS as of May 1, 2024, regardless of visa availability or priority date

Q. Does USCIS have a target value for employment-based adjustment of status inventory that carries over from one fiscal year into the next?

A. No, USCIS does not have a target value for its inventory of employment-based adjustment of status applications for the beginning of a fiscal year. While a reasonable volume of pending applications allows USCIS to maintain a steady pace of adjudications in the first quarter of a fiscal year, the volume that is pending merely reflects where applications may be in the multi-step adjudication process and general visa availability rather than the result of deliberately preparing inventory for the new fiscal year.

Q. Why does USCIS not adjudicate all pending adjustment of status applications where the applicants have available visas during a given month?

A. USCIS and its partners at DOS are committed to using all of the available employment-based visas during this fiscal year, as we are every year, but that visa use cannot happen within one month or even one quarter given statutory (in particular the quarterly limit of 27% found in INA 201(a)(2)) and operational limitations. Generally, visas are available under the Final Action Dates chart to more noncitizens than DOS and USCIS can approve within a given month or quarter due to operational considerations. When setting the Final Action Dates, the agencies consider a variety of factors, including but not limited to:

Q. I have a pending adjustment of status application based on an approved employment-based immigrant visa petition with an associated job offer. Must I work for the petitioning employer while my adjustment of status application is pending? Am I required to be working in the same occupational field as the job offer while my application is pending? Would a period of unemployment while my application is pending affect my eligibility for adjustment of status?

A. Noncitizens with pending adjustment of status applications are not required to work, or ever have worked, for their petitioning employer. An employer who petitions for a noncitizen worker is doing so prospectively. In other words, by filing the I-140 petition, the prospective employer declares their desire and intent to employ the noncitizen upon the noncitizen becoming an LPR. The noncitizen who is the beneficiary of the petition is not required to work for the petitioning employer before the petition is filed, while the petition is pending, or while the adjustment of status application is pending. However, when applying for adjustment of status, the applicant must demonstrate that the employer still intends to offer them the job and that they intend to accept the job when they become an LPR.

The noncitizen is not required to be employed in the occupational classification of the prospective job while their adjustment of status application is pending in order to be eligible for adjustment of status based on the petition.

Finally, a noncitizen with a pending adjustment of status application based on a prospective job offer may be unemployed while their adjustment of status application is pending and, depending on the facts involved, may remain eligible for adjustment of status. However, a period of employment in an occupational classification different from the prospective job or a period of unemployment may affect a noncitizen’s current immigration status and could raise doubts about the continued validity of the job offer and/or the noncitizen’s intention to accept the offered position after adjustment. (Added 9/15/2023)

​Q. I have a challenging relationship with my petitioning employer, and I am worried that they may withdraw the petition. What effect would the withdrawal of the petition have on my petition, priority date, and pathway to adjustment of status?

A. The petitioner may request to withdraw a Form I-140 at any time. However, if the petitioner requests to withdraw a Form I-140 that has already been approved for at least 180 days, or if an associated Form I-485 has been pending for at least 180 days, USCIS will not revoke the approved Form I-140 and the beneficiary will retain the priority date from the Form I-140.

If you already have a Form I-485 that has been pending for at least 180 days, you may be eligible for portability under INA 204(j) based on a new job offer in the same or similar occupational classification.

If you have not yet filed Form I-485 or your Form I-485 has not been pending for at least 180 days, while you retain the priority date from the approved petition you would need a different Form I-140 petition filed and approved on your behalf in order to adjust status under the employment-based first, second or third preference categories.

Note: You have a right to be protected from retaliation regardless of your immigration status; for more information visit:  https://www.worker.gov/ . Additional information regarding DHS support of the enforcement of labor and employment laws, including protection for noncitizen workers who report violations of labor law, may be found at  DHS Support of the Enforcement of Labor and Employment Laws . (Updated 12/8/2023)