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Visa Chargeability (Availability)

Immigrant Visas

 The number of immigrant visas issued annually is limited by U.S. law. In addition, U.S. law also limits the number of immigrant visas available by country. Therefore, even if the USCIS approves a university sponsored employment-based I-140 petition, it is possible that the US Department of State has not released immediately available visas for certain countries. Individuals born in such countries are often required to wait several years before having an immigrant visa issued by the Department of State. For more information about immigrant visas visit the USCIS website.

Visa Chargeability

Visa availability information is published monthly in the Department of State’s visa bulletin and is available by calling 202-663-1541 or by visiting the DOS website. The telephone message and the website are updated by the 15 th day of each month and provide information about the visa bulletin that is issued for the following month. The Department of State website provides detailed information about visa chargeability: DOS website chargeability description)

Priority Dates

Priority dates appear on the Department of State Visa Bulletins. A “priority date” is the date that is used to determine when a foreign national may file the Form I-485 to adjust his or her status to Permanent Resident status. The cut-off date listed for an oversubscribed category is the priority date of the first applicant whose application could not be processed within the established numerical limits. Only an applicant holding a priority date earlier than the cut-off date or whose immigrant category is considered current is eligible to file an I-485 application.

There are some employment based visa categories that are oversubscribed (unavailable) periodically. These oversubscriptions result in filing restrictions that affect the foreign national’s ability to file for permanent resident status. The Alien Worker is assigned a priority date that coincides with: