Availability of Immigrant Visas

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

 

 

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:

 

 

 

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