Why Isn't Visa Bulletin Progressing?

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Why is Visa Bulletin not Progressing?

Visa Bulletin is a monthly publication that summarizes the availability of immigrant visa numbers for the United States. It is produced by the Department of State's Bureau of Consular Affairs and used by U.S. Citizenship and Immigration Services (USCIS) and U.S. embassies and consulates to determine when foreign nationals can apply for lawful permanent residence (green card) based on employment or family sponsorship. Visa Bulletin divides the world into regions and countries, and assignspriority dates based on the order in which petitions were filed. Once a priority date becomes current, a visa can be issued or adjusted status granted.

However, in recent months, many visa categories have seen little or no movement in their priority dates, causing frustration and confusion among visa applicants, employers, and immigration lawyers. For example, the employment-based second preference (EB-2) category for India and China has been stuck at February 15, 2015, for more than a year, despite earlier predictions of faster progress. The employment-based third preference (EB-3) category for the Philippines has advanced only one week since January 2019, while the family-based second preference (F-2A) category for Mexico has retrogressed by almost two years.

What are the reasons for this lack of progress, and what can visa applicants do to cope with it?

Visa Bulletin Progression Factors

One factor that affectsVisa Bulletinprogression is the annual quota of visa numbers that Congress sets for each category and country. The Immigration and Nationality Act (INA) limits the total number of employment-based visas to 140,000 per fiscal year (October 1 to September 30), with some exceptions for certain occupations and investors. Within this limit, each country cannot receive more than 7% of the visas, which creates a waiting line for countries with more demand than supply. For family-based visas, the limit is 226,000 per year, and each category has its own sub-limit, such as F-2A at 87,934. USCIS and the Department of State must allocate the available visas based on the priority dates and the preference categories, which can result in uneven progress or retrogression.

Another factor that affects visa bulletin progression is the rate of visa demand, which can vary depending on economic, political, or social conditions. For example, if a large number of employers file EB-2 or EB-3 petitions for Indian or Chinese workers, the priority date will move slower because there are more applicants than visas available. If the U.S. government imposes new restrictions or requirements on visa applicants, such as additional security checks or interviews, the processing time may increase and the visa numbers may not be fully utilized. If visa applicants are unable or unwilling to complete their visa process due to personal reasons, such as health issues or family emergencies, their visa numbers may be forfeited or delayed.

Finally, visa bulletin progression can also be influenced by administrative or legal actions that affect the interpretation or implementation of the INA or other immigration laws. For example, if USCIS changes its policy on how it counts H-1B extensions towards the EB-1, EB-2, or EB-3 categories, some applicants may lose their eligibility or face longer waits. If a court invalidates or suspends a regulation or executive order related to immigration, such as the Deferred Action for Childhood Arrivals (DACA) or the travel ban, the visa processing may be halted or modified to comply with the court's decision.

Visa Applicants' Options

Visa applicants who are affected by the lack of visa bulletin progression have several options, depending on their circumstances and goals. They can wait and hope for a faster movement of their priority dates, which may happen if the visa demand decreases or the visa quota increases. They can also switch to a different category or country that has a shorter waiting time, although this may require a new petition and a different job offer or family relationship. They can also seek alternative immigration options, such as the EB-5 investor visa or the O-1 extraordinary ability visa, although these may have higher requirements and costs.

Visa applicants can also consider the use ofpremium processing, which allows for expedited processing of certain petitions for an additional fee of $1,440. Premium processing is currently available for most employment-based petitions, but not for family-based petitions or adjustment of status applications. Premium processing can reduce the processing time from several months to 15 calendar days, although it does not guarantee approval or visa issuance. Visa applicants should consult with their employers or lawyers to determine if premium processing is a viable option for their case.

Visa applicants can also seek the help of theirelected officials, such as senators or representatives, who can advocate for their constituents' immigration needs and request information or action from USCIS or the Department of State. Visa applicants should follow the guidelines and etiquette of communicating with their elected officials, such as providing accurate and concise information, avoiding emotional or accusatory language, and showing appreciation and respect for their service. Visa applicants can find their elected officials' contact information and immigration positions on websites such as usa.gov and vote.org.

Conclusion and Tips

In conclusion, the lack of visa bulletin progression can be caused by various factors, such as the visa quota, the visa demand, and the administrative or legal actions. Visa applicants who are affected by this situation have several options, such as waiting, switching, seeking alternatives, using premium processing, and seeking help from elected officials. Visa applicants should also be knowledgeable and proactive about their immigration status and rights, and avoid common mistakes or scams that can harm their chances or finances. Some tips for applying for and using credit cards in the U.S. include: researching the features, fees, and rewards of different cards, comparing the terms and conditions, using the cards responsibly and timely, monitoring the statements and notifications, avoiding overspending and debt, and reporting any unauthorized transactions or fraud. Some recommended credit card companies in the U.S. include: Chase, American Express, Capital One, and Discover.