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EB-4 Visa Processing Time

Every month the US Department of State publishes the visa bulletin to show which family-based and employment-based green cards applications can move forward to apply for the visa. Every fiscal year (1st of October – 30th of September), approximately 7.1% of the yearly worldwide limit of employment-based immigrant visas (140,000) are allocated to the Employment-Based Immigration (Fourth Preference), EB-4 visas. Qualified applicants and each country is limited to receive 7% of green card (which is 9,800), as a result, applicants from countries with high number of applications such as China and India may need to wait awhile to submit their application.

When reading the visa bulletin, the most important word you need to become familiar with is “priority date”. Since labor certification is not necessary, the date you or the petitioning organisation filed the Form I-360 petition with USCIS will become your priority date. If you see a “Current (C)” in the box where your column meets your row, that means there is no quota backlog and you can now file your Form I-485.

If in case there is a date, that is the “cut-off date”. To check when you can file your application, you will need to compare this date with your priority date. If your priority date is on or before the cut-off date, this means that you can file your application now but if your priority date is after the cut-off date you will need to keep waiting.

Another important word that you must be aware of is the “final action date”. This date is a cut-off date that controls visa number available for this month. If it shows “Current (C)” on the chart, then your pending application is eligible for approval. If your priority date is before the final action, this means your pending application is ready for approval.

Chart A – Final Action Dates for Employment-Based Preference Cases:

This chart shows which of the priority dates are now at the front of line for approval

 WorldChinaEl Salvador, Guatemala, HondurasIndiaMexicoPhilippinesVietnam
1stCurrent01 Apr 19Current01 Apr 19CurrentCurrentCurrent
2ndCurrent01 May 16Current01 Oct 09CurrentCurrentCurrent
3rdCurrent01 Nov 17Current15 Mar 10CurrentCurrentCurrent
Other WorkersCurrent15 Feb 09Current15 Mar 10CurrentCurrentCurrent
4thCurrentCurrent01 Feb 18Current22 Nov 18CurrentCurrent
Certain Religious WorkersCurrentCurrent01 Feb 18Current22 Nov 18CurrentCurrent
5th Non-Regional Center (C5 and T5)Current15 Aug 15CurrentCurrentCurrentCurrent01 Sep 17
5th Regional Center (I5 and R5)Current15 Aug 15CurrentCurrentCurrentCurrent01 Sep 17

This chart is primarily directed for applicants who will be applying for the visa application from outside of the US, it shows whether or not you can submit the visa application

 WorldChinaEl Salvador, Guatemala, HondurasIndiaMexicoPhilippines
1stCurrent01 Nov 20Current01 Nov 20CurrentCurrent
2ndCurrent01 Oct 16Current15 May 11CurrentCurrent
3rdCurrent01 Jun 18Current01 Jan 14CurrentCurrent
Other WorkersCurrent01 May 09Current01 Jan 14CurrentCurrent
4thCurrentCurrent01 May 18CurrentCurrentCurrent
Certain Religious WorkersCurrentCurrent01 May 18CurrentCurrentCurrent
5th Non-Regional Center (C5 and T5)Current15 Dec 15CurrentCurrentCurrentCurrent
5th Regional Center (I5 and R5)Current15 Dec 15CurrentCurrentCurrentCurrent

Note: For applicants filing the Form I-485, every month USCIS also publishes a page called “Adjustment of Status Filing Charts from the Visa Bulletin” to indicate which chart they will use to accept the applications. For December 2020, USCIS announced to use the Chart B – Dates for Filing.

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