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The Immigration and Nationality Act sets limits on how many green card visas may be issued each Fiscal Year (October 1 through September 30) in all family and employment visa categories (with the exception of immediate relatives, as defined in the statute). The law further provides that no one country may have more than a specific percentage of the total number of visas available annually. If these limits are exceeded in a particular category, for a particular nationality, a waiting list is created and applicants are placed on the list according to the date of their case filing.  This list is maintained by the US Department of State in a document called the “Visa Bulletin.”  The U.S. Department of State updates the Visa Bulletin monthly, typically in the middle of the month.

To understand how to read the Visa Bulletin, you must first check the "Priority Date" of the particular visa petition for which you are seeking processing information.  The priority date is the single most important factor in any immigration case.

If the category of the petition is employment-based and requires a labor certification, the priority date is established on the date the labor certification was filed. If the category of the petition is employment-based but does not require a labor certification, then the priority date is established on the date the USCIS receives the I-140 Immigrant Visa Petition. However, the priority date does not attach to the case until the I-140 has been approved.

If the category of the petition is family-based, the priority date is established on the date the USCIS receives the I-130 Immigrant Visa petition.  However, the priority date does not attach to the petition until the I-130 has been approved.

In order for an individual to obtain an immigrant visa, a visa number must be available. This is referred to as the priority date being "current." The priority date is current if there is no backlog in the category, or if the priority date is on or before the date listed as current in the State Department's monthly Visa Bulletin.

 
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