Availability of Immigrant Visas
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Availability of Immigrant Visas
In general, family-sponsored preference visas are limited to 226,000 visas per year and employment-based preference visas are limited to 140,000 visas per year. In addition, there are limits to the percentage of visas that can be allotted based on an immigrant’s country of birth.
The priority date is used to determine an immigrant’s place in the visa queue. When the priority date becomes available, or is “current,” immigrants may be able to apply for adjustment of status.
Availability of Immigrant Visas and Preference Categories
The Immigration and Nationality Act (INA) sets the number of immigrant visas that may be issued to foreign nationals seeking to become Lawful Permanent residents each year.
Family Visa Preferences and Visa Allotments
| Preference | Preference classifications |
|---|---|
| First Preference “immediate relatives” “F1” |
|
| Second Preference “F2A” | Spouses or unmarried sons or daughters (under age 21) of a permanent resident |
| Second Preference “F2B” | Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents |
| Third Preference “F3” | Married Sons and Daughters (any age) of U.S. Citizens |
| Fourth Preference “F4” | The brothers or sisters of a U.S. citizen. The citizen must be age 21 or older |
| Preference | Visa Allotments |
| First Preference “immediate relatives” “F1” | 23,400, plus any visas not used for fourth preference |
| Second Preference “F2A” | 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused First Preference numbers:
|
| Second Preference “F2B” | 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused First Preference numbers:
|
| Third Preference “F3” | 23,400, plus any numbers not required by first and second preferences. |
| Fourth Preference “F4” | 65,000, plus any numbers not required by first three preferences. |
| Preference | Preference classifications | Visa Allotments |
|---|---|---|
| First Preference “immediate relatives” “F1” |
| 23,400, plus any visas not used for fourth preference |
| Second Preference “F2A” | Spouses or unmarried sons or daughters (under age 21) of a permanent resident | 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused First Preference numbers:
|
| Second Preference “F2B” | Unmarried Sons and Daughters (21 years of age or older) 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:
|
| Third Preference “F3” | Married Sons and Daughters (any age) of U.S. Citizens | 23,400, plus any numbers not required by first and second preferences. |
| Fourth Preference “F4” | The brothers or sisters of a U.S. citizen. The citizen must be age 21 or older | 65,000, plus any numbers not required by first three preferences. |
Employment Preferences and Visa Allotments
| Preference | Preference classifications |
|---|---|
| First Preference | Priority workers |
| Second Preference | Members of the professions who hold advanced degrees, or persons of exceptional ability. |
| Third Preference | Skilled workers, professionals, and other workers. |
| Fourth Preference | Certain special immigrants. |
| Fifth Preference | Investors in job-creating U.S. enterprises. |
| Preference | Visa Allotments |
| First Preference | 28.6% of the worldwide employment-based preference level, plus any not required for fourth and fifth preferences. |
| Second Preference | 28.6% of the worldwide employment-based preference level, plus any not required by first preference. |
| Third Preference | 28.6% of the worldwide level, plus any not required by first and second preferences, not more than 10,000 of which go to “other workers.” |
| Fourth Preference | 7.1% of the worldwide level. |
| Fifth Preference | 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, with 3,000 saved for investors in regional centers. |
| Preference | Preference classifications | Visa Allotments |
|---|---|---|
| First Preference | Priority workers | 28.6% of the worldwide employment-based preference level, plus any not required for fourth and fifth preferences. |
| Second Preference | Members of the professions who hold advanced degrees, or persons of exceptional ability. | 28.6% of the worldwide employment-based preference level, plus any not required by first preference. |
| Third Preference | Skilled workers, professionals, and other workers. | 28.6% of the worldwide level, plus any not required by first and second preferences, not more than 10,000 of which go to “other workers.” |
| Fourth Preference | Certain special immigrants. | 7.1% of the worldwide level. |
| Fifth Preference | Investors in job-creating U.S. enterprises. | 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, with 3,000 saved for investors in regional centers. |
Acceptance of Applications and Visa Bulletin
USCIS will accept Form I-485, Application to Register Permanent Residence or Adjust Status from family-sponsored and employment-based adjustment of status preference applicants according to the monthly DOS Visa Bulletin publishes as a guide for issuing visas at U.S. consulates and embassies.
Finding Your Priority Date
If you are a prospective immigrant, you can find your priority date on Form I-797, Notice of Action, for the petition filed on your behalf. The waiting time before receiving an immigrant visa or adjusting status depends on:
- The demand for and supply of immigrant visas.
- The per-country visa limitations.
- The number of visas allocated for your preference category.
Priority Dates for Family-Sponsored Preference Cases
For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative, or in certain instances the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is properly filed with USCIS.
Priority Dates for Employment-Based Preference Cases
For employment-based immigrants, the priority date depends on the following:
| Your preference category… | Then your priority date is the date: |
|---|---|
| Your preference category requires a labor certification from Department of Labor (DOL) | The labor certification application is accepted for processing by DOL.
|
| Your preference category does not require a DOL labor certification | USCIS accepts Form I-140 for processing to classify the sponsored worker under the requested preference category. |
| You are a fourth preference special immigrant, including religious workers | For processing USCIS accepts: |
| You are a fifth preference investor | For processing USCIS accepts: |
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