The concept of "priority dates" is an important one in immigration law. There are yearly numerical limits on both the number of family-sponsored immigrant visas and work-related immigration visas ("green cards"). An immigrant visa cannot be issued, nor can an adjustment of status application (I-485) be filed, until the alien's priority date is "current."
Each month the Department of State publishes new dates for each preference category. By checking the priority dates monthly, one can estimate the length of time someone would need to wait until an immigrant visa or green card would become available.
The first step in determining when a visa would be available is to identify the correct visa preference category.
(NOTE: The parents, spouse, or unmarried children under 21 years of age of a United States citizen are classified as "immediate relatives" and do not have to wait. Visas are always available for this category.)
The family sponsored preferences are as follows:
- Unmarried sons and daughters of United States citizens, i.e., unmarried children over the age of 21 (unmarried children under the age of 21 are immediate relatives).
- Spouses, children, and unmarried sons and daughters of permanent residents. There are two (2) second preference categories:
- Spouses and children of permanent residents. These are the 2A category;
- Unmarried sons and daughters (21 years of age or older). These constitute the 2B category.
- Married sons and daughters of U.S. citizens.
- Brothers and sisters of adult citizens.
The employment-based preferences are as follows:
- Priority workers.
- Members of the professions holding advanced degrees or persons of exceptional ability.
- Skilled workers, professionals, and other workers.
- Certain special immigrants.
- Employment creation visas (investor visas).
Click here for the Department of State's current visa availability chart http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
