ADMINISTRATIVE PROCEDURES
The United States is one of the most popular destinations for those seeking to migrate. But before moving to the USA permanently, people must first obtain a green card. There are a number of ways to gain a green card. However, 3 main routes tie in with the "Visa Bulletin." This article will examine these 3 ways and how they are connected to the Bulletin.
What Is The Visa Bulletin
Issued on a monthly basis by the United States Department Of State, the "Visa Bulletin" provides details on which visa and immigration petitions can move forward and make an application for a green card. Though there are many ways to obtain a green card, the Visa Bulletin deals with green cards in the following 3 categories:
- • Family-Based (FB);
- • Employment-Based (EB);
- • Diversity Lottery (DL).
Note: Green cards through the Diversity Lottery (DL) are also published in the Visa Bulletin. However, the number of green cards available through this scheme is low compared to green cards issued through family and employment.
Family And Employment-Based Green Cards
The scheme allows those:
- • With family ties to people already in the United States, or;
- • People who can secure in-demand or highly specialized employment opportunities in the United States;
to apply for a green card and obtain permanent residency in the country.
The waiting time varies. Family-based green cards can take anything from 1 to 10 years. Employment-based green cards could take 1 year for employment categories with a low demand, while visas with a high demand may have a 4 to 6 years wait.
The Green Card Availability And How The Visa Bulletin Works
Around 675,000 green card visas are available each year for the 3 categories. Given the vast majority are awarded to family and employment categories, with a small percentage going towards the Diversity Lottery, we'll focus on these 2 groups.
Family and employment-based green cards are a highly complex system with a preferential scheme operating within these 2 classes. For example, preference is given to close relatives such as spouses or children under 21 or the application for a work visa where there is very low demand.
It is then further complicated by something called the "changeability area." Under "changeability area," no country can obtain 8% or more of the allocated green cards for that particular category. Because of the smaller population sizes, African and European countries are not particularly affected by "changeability area." However, it does affect bigger nations such as:
- • China;
- • India;
- • Mexico; and
- • The Philippines.
Due to the United States' incredible popularity, the application numbers for the green card scheme far exceeds the supply. Thus, it leads to a huge backlog; the applicants must wait for their green card to be issued.
Against this setting, the Visa Bulletin (published monthly) acts as a tool to show applicants the number of green cards available and the amount issued for each category. It is a means to gauge how fast an individual's application is moving.
Visa Bulletin has additional details on cut-off points (i.e. dates) by country and category and provides information on the priority date (we'll discuss these terms below).
The Cut-Off Date: What Is It?
There is a section on the Visa Bulletin called the "cut-off dates". It details which of the priority dates can proceed with their green card application. If the priority date is before the cut-off date shown on the Visa Bulletin, the applicant can proceed with their green card application. Those people with a priority date that follows the cut-off date need to continue to wait.
Priority Date: What Is It?
A priority date is the applicant's spot in the queue for the green card. For:
- • Family-based green card applications: It’s the date the I-130 Form (the application for the green card) was received by US Citizenship and Immigration Services (USCIS).
- • Employment-based green card application: the date the Permanent labor certification was delivered to the United States Department of Labor or the date the Immigrant Preference Petition was filed.
What Is "Dates For Filing?"
"Dates For Filing" is a term used for green card applications outside the United States who can submit their application to the National Visa Center (NVC)<. Though the green card is not available yet, the applicants should submit the paperwork. All paperwork must be gathered and ready for submission when the availability dates are shown on the Visa Bulletin. Otherwise, the applicant is in danger of "retrogression.”
Retrogression
If there is a surge in applications for any category, it can lead to a change in the cut-off date. It will mean the cut-off date is ahead of the priority date, and the applicant must wait even longer. Therefore, when the date for application is presented in the Visa Bulletin, the steps must be taken immediately to proceed with the application.
Proceeding With The Application
People who are the subject to visa quotas are required to monitor the Visa Bulletin to stay informed of their priority date in comparison to the cut-off date. If, according to the Visa Bulletin, the priority date for an applicant is before the cut-off point, the person is eligible to make a green card permanent residency application through Consular Processing or using Form I-485.
Moving To The USA
The United States is a top-rated destination, with the demand for permanent visas (through the green card scheme) outstripping supply. This is especially true for those seeking a green card through family ties and employment opportunities. These people must check the Visa Bulletin every month to see if it's possible to take the steps to proceed with their green card application. It is important to check as delays with the application could lead to the opportunity being taken away and postponed well into the future.