When it comes to navigating the U.S. immigration system, one of the most crucial components is understanding the different types of visa categories, priority dates, and how to maximize the efficiency of your application process. U.S. immigration law has set out clear guidelines, but it can still be complex and challenging for many applicants to understand.
Among the most essential tools available to applicants are the two charts that the U.S. Department of State issues each month in the Visa Bulletin: the Date for Filing chart and the Final Action Date chart. These charts are crucial for determining when you can submit your final immigrant visa application or adjust your status within the U.S.
This article will break down these charts, explain the ways they affect your immigration process, and offer advice on how you may be able to shorten your waiting time during the green card application process.
Understanding the Two Key Charts: Date for Filing vs. Final Action Date
When you’re navigating the complex process of immigration to USA, there are two important charts that you will need to pay attention to: the Date for Filing and the Final Action Date charts. These charts help determine when you can submit your visa application and when you may be able to receive a visa number or your green card. Understanding these charts is the key to timing your immigration petition effectively.
Date for Filing Chart
The Date for Filing chart determines whether or not you can submit your final immigrant visa application. Essentially, this chart tells you when you’re eligible to file your application for an immigrant visa based on your priority date. Your priority date is generally the date your petition (such as Form I-130 for family-based petitions or Form I-140 for employment-based petitions) is received by U.S. Citizenship and Immigration Services (USCIS) or the U.S. consulate.
In some cases, this chart may be used to submit your green card application even before the visa numbers are available, which can lead to a faster processing time. When the demand for visas is lower than the supply, USCIS may allow applicants to submit their final applications using the Date for Filing chart, allowing you to get a head start on the paperwork.
Final Action Date Chart
The Final Action Date chart indicates whether or not a visa number is available at the time your application is being processed. This chart tells you when an immigrant visa number will actually be available for you to receive the green card or immigrant visa. You can think of this chart as the final checkpoint: it tells you if your application is currently eligible for approval or whether you need to wait longer.
Unlike the Date for Filing chart, which allows applicants to begin the process earlier, the Final Action Date chart is the point where a visa number becomes available for your green card to be granted. If your priority date falls before the final action date, you can proceed with your application and receive your green card once the processing is complete. Know more about Marriage visas.
Which Chart Should You Use for Filing an Adjustment of Status?
If you are applying for an adjustment of status through Form I-485, you need to follow the Final Action Date chart. The reason for this is simple: USCIS only accepts I-485 applications when a visa number is available. This ensures that applicants are not applying prematurely, and the system is efficient in allocating available visa numbers.
However, sometimes USCIS will accept I-485 applications using the Date for Filing chart, allowing applicants to begin the application process before a visa number is available. This scenario happens when there are more visa numbers available than applicants, and it can expedite the process for many people.
It’s crucial to pay attention to USCIS announcements about which chart you should use, as they will announce their decision on which chart applies within a week of each visa bulletin’s release.
Can You Shorten Your Waiting Time?
While the waiting process for an immigrant visa can seem long and tedious, there are certain ways that applicants may be able to shorten the processing time for their green card application. Although these methods don’t guarantee a speedy resolution, they can significantly reduce the time you spend waiting.
1. Premium Processing of Form I-140
One option available to certain applicants is premium processing for Form I-140. If you’re applying for an EB-2 or EB-3 green card, you may be eligible for premium processing, which allows you to pay an additional fee to expedite the processing of your petition. Instead of the usual six-month waiting period, premium processing guarantees that your I-140 petition will be processed within 15 calendar days.
This accelerated process is available for certain employment-based petitions, but it’s important to note that it’s not available for family-based petitions, investment-based immigration, or for certain categories like EB-1C (Multinational Executives and Managers) or EB-2 National Interest Waiver (NIW).
Although this premium processing can reduce the overall waiting time for getting your petition approved, it does not reduce the waiting time for receiving an immigrant visa, which is still dependent on your priority date and the availability of visa numbers.
2. Green Card Porting (Priority Date Portability)
Another option that may shorten your green card process is green card “porting”. This involves transferring your application from a lower preference category to a higher preference category to take advantage of shorter waiting times.
For example, if you initially applied for a green card under an EB-3 (skilled worker) category, and later your employer is able to upgrade your petition to an EB-2 (advanced degree professionals) category, you may be able to “port” your priority date to the new category. This is particularly helpful if you are facing a lengthy wait in a lower preference category. Know more about J-1 Visas.
It’s important to note, however, that porting doesn’t mean that you simply move your application to a new category. Instead, it requires a new petition, and if necessary, a new PERM labor certification process. Porting your green card application can be a complicated and delicate process, so it’s always advisable to consult with an immigration attorney to ensure that you’re following the proper steps.
Despite the fact that the term “porting” is often used, it does not mean you can simply transfer a completed application from one category to another. Instead, you must file a new petition (and potentially a new labor certification) while retaining your original priority date.
Why Should You Consult an Immigration Attorney?
Both premium processing and porting require careful handling of your immigration application. These processes are not automatic, and making a mistake or misunderstanding the requirements could delay your green card process. For instance, if you try to port your green card incorrectly or without meeting the eligibility requirements, your petition could be denied.
Because the U.S. immigration system is complex, it is always wise to consult with an immigration attorney before pursuing any of these options. An experienced lawyer can guide you through the process, ensuring that all paperwork is submitted correctly, deadlines are met, and you follow the proper steps to avoid unnecessary delays.
Conclusion: Navigating the U.S. Immigration Process
U.S. immigration is a multi-step process that requires careful attention to timing, priority dates, and visa categories. The two key charts—the Date for Filing and the Final Action Date—play a significant role in determining when you can file your immigrant visa application and when a visa number will be available for you. Understanding these charts and their implications for your application is crucial to making the process as efficient as possible.
While you may not always be able to shorten your waiting time significantly, options like premium processing and green card porting can offer faster paths for some applicants. However, both processes require careful attention to detail, so it is advisable to work closely with an experienced immigration attorney to maximize your chances of a smooth and timely process.
As you embark on your U.S. immigration journey, stay informed about the latest updates to the visa bulletin, pay close attention to which chart you should use, and consider professional guidance when necessary. With the right approach, you can navigate the complex process and eventually achieve your goal of obtaining a U.S. green card.
For further assistance and details, you can visit websites like Pollak Travel Nation, which provides resources for those navigating the immigration process, especially for those applying for EB-2 green card, marriage visas, J-1 visas, H-1B visas, E-2 investor visas, and family-based green cards.
By staying informed and utilizing all available resources, you can make the journey through U.S. immigration a smoother experience.