A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
In the United States, preference immigrant visas are allocated based on a system known as the Immigrant Visa Preference Categories, which sets priorities for immigrants who wish to gain permanent residence (green card) status in the U.S. Preference categories are based on family relationships and employment status, and visas are allocated annually within these categories, with each country having a set number of available visas (subject to caps).
Statutory Numbers for Preference Immigrant Visas
- Family-sponsored preferences (F):
- F1 – Unmarried sons and daughters of U.S. citizens
- F2A – Spouses and children (under 21) of lawful permanent residents
- F2B – Unmarried sons and daughters (21 or older) of lawful permanent residents
- F3 – Married sons and daughters of U.S. citizens
- F4 – Brothers and sisters of U.S. citizens (for U.S. citizens aged 21 or older)
- Employment-based preferences (EB):
- EB-1 – Priority workers (including individuals with extraordinary abilities, outstanding professors/researchers, multinational managers and executives)
- EB-2 – Members of professions holding advanced degrees or persons of exceptional ability
- EB-3 – Skilled workers, professionals, and other workers
- EB-4 – Special immigrants (religious workers, certain employees of U.S. foreign service, etc.)
- EB-5 – Immigrant investors (investors in a U.S. commercial enterprise that creates jobs)
Annual Numerical Limits
The Immigrant and Nationality Act (INA) specifies the statutory limits for each of these categories. The U.S. Department of State’s Visa Bulletin sets forth the annual per-country caps and how many visas are available in each category.
Here are the statutory numbers for the preference immigrant visas:
| Preference Category | Annual Limit | Percentage of Total Visas |
|---|---|---|
| Family-sponsored | 226,000 | 15% of total visas available |
| EB-1 | 40,040 | 28.6% of employment-based visas |
| EB-2 | 40,040 | 28.6% of employment-based visas |
| EB-3 | 40,040 | 28.6% of employment-based visas |
| EB-4 | 9,940 | 7.1% of employment-based visas |
| EB-5 | 9,940 | 7.1% of employment-based visas |
In addition to these categories, per-country limits apply for immigrant visas, which means that no single country can receive more than 7% of the total number of family-sponsored and employment-based visas available each year. This per-country limit ensures that countries with larger populations do not disproportionately consume the total number of immigrant visas.
Statutory Numbers for Family and Employment Categories
| Category | Annual Statutory Limit |
|---|---|
| Family-Sponsored Visas (F) | |
| F1: Unmarried sons/daughters of U.S. citizens | 23,400 |
| F2A: Spouses and children of lawful permanent residents | 87,934 |
| F2B: Unmarried sons/daughters of lawful permanent residents | 26,266 |
| F3: Married sons/daughters of U.S. citizens | 23,400 |
| F4: Siblings of U.S. citizens | 65,000 |
| Employment-Based Visas (EB) | |
| EB-1: Priority workers (extraordinary ability) | 40,040 |
| EB-2: Professionals with advanced degrees or exceptional ability | 40,040 |
| EB-3: Skilled workers, professionals, other workers | 40,040 |
| EB-4: Special immigrants (religious workers, certain U.S. employees) | 9,940 |
| EB-5: Investors (investment in job-creating U.S. businesses) | 9,940 |
Key Takeaways:
- Family-Sponsored Visas: 226,000 visas are allocated each year for family-based immigration, with categories based on the applicant’s relationship to the sponsor (spouse, child, sibling, etc.).
- Employment-Based Visas: 140,000 visas are available for employment-based immigration, distributed among various categories such as priority workers, professionals with advanced degrees, and investors.
- Per-Country Limits: The maximum number of visas that any one country can receive in a year is capped at 7% of the total number of visas, which can lead to long waiting times for applicants from high-demand countries.
This system allows a fair distribution of visas while still prioritizing family reunification and employment-based immigration.
B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS
In the United States, the Dates for Filing Family-Sponsored Visa Applications refer to the dates that applicants in specific family-based immigration categories are eligible to apply for their immigrant visas or adjustment of status (green card). These dates are published monthly in the U.S. Department of State’s Visa Bulletin.
Explanation of the Dates for Filing
- Final Action Dates: This is the date that reflects when a visa can actually be issued or a person can become a lawful permanent resident (green card holder).
- Dates for Filing: These are the dates that determine when a person can submit their application for a visa or adjustment of status. In most cases, the Dates for Filing are earlier than the Final Action Dates, which allows applicants to prepare their paperwork while waiting for the priority date to become current for an actual visa issuance.
The Dates for Filing are crucial because they allow applicants to begin the process even when their priority date (the date they filed their petition) is not yet current.
Understanding the Family-Sponsored Categories in the Visa Bulletin
There are different family-sponsored categories, and the availability of visa numbers can vary depending on the applicant’s priority date, country of chargeability, and category.
- F1: Unmarried Sons and Daughters of U.S. Citizens
- F2A: Spouses and Children (under 21) of Lawful Permanent Residents (LPRs)
- F2B: Unmarried Sons and Daughters (21 or older) of Lawful Permanent Residents (LPRs)
- F3: Married Sons and Daughters of U.S. Citizens
- F4: Brothers and Sisters of U.S. Citizens
Chart of Dates for Filing for Family-Sponsored Immigrant Visas
Below is a simplified representation of how the Dates for Filing are displayed in the Visa Bulletin. Please note that the dates change each month depending on visa demand and availability. The example chart below is based on how the dates typically appear in the Visa Bulletin.
| Preference Category | Current Date (for example, Jan 2025) | Description |
|---|---|---|
| F1 | March 22, 2016 | Unmarried Sons and Daughters of U.S. Citizens |
| F2A | Current | Spouses and Children (under 21) of LPRs |
| F2B | May 1, 2015 | Unmarried Sons and Daughters (21 or older) of LPRs |
| F3 | September 1, 2013 | Married Sons and Daughters of U.S. Citizens |
| F4 | November 1, 2008 | Brothers and Sisters of U.S. Citizens |
Key Points:
- F1 category applicants (unmarried sons and daughters of U.S. citizens) may need to wait until their priority date is closer to March 22, 2016 before they can file their visa application.
- F2A applicants (spouses and children of LPRs) have a current date, meaning they can file immediately, as visas are available without long waits.
- F2B applicants (unmarried sons and daughters of LPRs) with a priority date of May 1, 2015 can start their visa application process now.
- F3 and F4 categories typically have much longer wait times due to the high demand for visas in these categories, with current filing dates set in earlier years (e.g., F3 at September 1, 2013).
How to Read the Dates for Filing
- Priority Date: This is the date when your petition was filed, and it is crucial for determining your eligibility to file for a visa or green card. It is the date your I-130 petition (or other family-sponsored petition) was received by the U.S. Citizenship and Immigration Services (USCIS).
- Date for Filing: If your priority date is earlier than the “Date for Filing” listed for your category and country of chargeability, you can submit your application for an immigrant visa or adjustment of status.
- Country of Chargeability: Applicants must check the Visa Bulletin to see if there are any per-country limits (i.e., some countries may have long waits due to high demand for visas).
Example:
If your priority date is January 1, 2016, and the “Date for Filing” for F1 (unmarried sons and daughters of U.S. citizens) is March 22, 2016, then you can file your application for a visa or adjustment of status.
If your priority date is later than the listed Date for Filing, you will need to wait until the priority date becomes current (i.e., when the “Final Action Date” catches up with your priority date).
Key Takeaways:
- Dates for Filing allow you to submit your visa or green card application earlier than the “Final Action Date.”
- Check the monthly Visa Bulletin for updates on your specific category and country.
- The F2A category usually has “current” filing dates, while F1, F3, and F4 categories can experience longer wait times.
The Visa Bulletin is updated monthly by the U.S. Department of State, and the Dates for Filing can change depending on visa demand. It’s essential to stay updated on the Visa Bulletin to track when you can file your application.
The Diversity Immigrant Visa (DV) Program is a U.S. immigration program designed to encourage immigration from countries with low rates of immigration to the United States. The program issues Diversity Visas (DVs), which provide a path for individuals to apply for permanent residence (a green card).
Each year, the U.S. Department of State issues the Visa Bulletin that includes information on the cut-off dates for various categories of immigrant visas, including the DV program. These cut-off dates are used to determine which applicants are eligible to move forward with their visa processing for that specific month.
The cut-off dates for DV applicants are based on the applicants’ region and rank number. The rank numbers refer to the applicant’s position in the waiting list for their region. Once an applicant’s rank number becomes current (i.e., reaches the cut-off date), they are eligible to proceed with their visa application.
Diversity Visa (DV) Category Cut-Offs for February 2025
The cut-off numbers are assigned based on regions (geographical areas) and assigned to specific DV lottery winners. These cut-off dates indicate when applicants’ rank numbers are reached and can submit their applications for an immigrant visa or adjustment of status.
In the February 2025 Visa Bulletin, the U.S. Department of State will publish the cut-off dates for each region, along with the rank numbers that are eligible to process their visa application.
Regions for DV Applicants:
- Africa (AF)
- Asia (AS)
- Europe (EU)
- North America (NA) (mainly for countries like Mexico and Canada)
- Oceania (OC)
- South America, and Central America (SA)
Example of Diversity Immigrant (DV) Category Rank Cut-Offs
Here’s a sample chart for the DV cut-off dates in February 2025, based on regions. Note that the specific rank cut-off numbers are just hypothetical examples to show how the system works:
| Region | DV Rank Cut-Offs (for February 2025) | Eligible for Processing |
|---|---|---|
| Africa (AF) | AF00001 to AF00060,000 | Applicants with rank numbers between 1 and 60,000 are eligible |
| Asia (AS) | AS00001 to AS00015,000 | Applicants with rank numbers between 1 and 15,000 are eligible |
| Europe (EU) | EU00001 to EU00010,000 | Applicants with rank numbers between 1 and 10,000 are eligible |
| North America (NA) | NA00001 to NA0002,000 | Applicants with rank numbers between 1 and 2,000 are eligible |
| Oceania (OC) | OC00001 to OC0002,500 | Applicants with rank numbers between 1 and 2,500 are eligible |
| South America (SA) | SA00001 to SA0001,000 | Applicants with rank numbers between 1 and 1,000 are eligible |
Key Points to Note:
- Region-Specific Cut-Offs: The number of visas available in each region is based on the total diversity visas allocated. Regions with higher demand may have higher cut-off numbers.
- Ranking: Applicants with lower rank numbers are processed earlier, while those with higher numbers will have to wait until their number becomes current.
- Visa Availability: If the number of applicants is low in a particular region, that region may have a higher cut-off rank for that month.
- Final Action: A cut-off number means that applicants whose rank numbers are earlier than the cut-off number can be scheduled for their visa interviews or further processing.
Additional Details:
- DV-2025: Applicants who win the DV-2025 lottery will be eligible to apply for an immigrant visa if their rank number is current as of the February 2025 Visa Bulletin.
- The Visa Bulletin changes monthly, so applicants need to monitor updates to understand when their rank number is reached and when they should proceed with the next steps (such as submitting documents or scheduling interviews).
- Final Action Date: The final action date is when visas can actually be issued. Applicants must ensure that their number is not only current but also they are eligible under the Final Action Date in the monthly bulletin.
Hypothetical Example:
If the cut-off date for the Africa Region in February 2025 is AF00060,000, this means all applicants with a rank number from 1 to 60,000 can submit their application and complete the process. Any applicants with rank numbers higher than 60,000 would need to wait until later months, depending on when their rank number becomes current.
Conclusion:
- DV applicants must stay updated on the Visa Bulletin to know their eligibility for each month.
- The cut-off numbers in the DV category depend on the region and the rank number of the applicant.
- February 2025 will have specific cut-off dates for each region, which will determine which applicants are eligible to continue their visa process. These cut-offs can change monthly based on demand, so tracking the Visa Bulletin is crucial.
D. SCHEDULED EXPIRATION OF THE EMPLOYMENT FOURTH PREFERENCE RELIGIOUS WORKERS (SR) CATEGORY
The Employment-Based Fourth Preference (EB-4) Religious Workers (SR) Category is a special immigrant visa category designated for certain religious workers. This category allows qualified religious workers to immigrate to the United States for the purpose of performing religious duties for a U.S.-based religious organization.
The SR category includes:
- Religious ministers (e.g., priests, pastors, rabbis, imams).
- Religious workers in a professional capacity (e.g., teachers, counselors).
- Non-ministerial religious workers (e.g., administrative support, liturgical workers).
Scheduled Expiration of the EB-4 Religious Workers (SR) Category
The EB-4 Religious Workers (SR) category has been subject to temporary authorization and has often faced deadlines for reauthorization by the U.S. Congress. This means that Congress needs to act to extend the category periodically. Failure to do so can result in the expiration of the category or limitations on the number of visas available.
As of 2025, the EB-4 Religious Worker (SR) category is expected to **expire on February 29, 2025, unless Congress acts to reauthorize it.
Recent Developments and Legislative Status
In recent years, the SR category has been extended multiple times, but its future has remained uncertain without specific legislation passed to ensure its ongoing availability. The last reauthorization occurred in late 2023, extending the program until February 29, 2025.
This expiration date means that if Congress does not pass new legislation to extend or make permanent the EB-4 Religious Workers program by the end of February 2025, applicants will no longer be able to apply for immigrant visas under this category, and religious workers may face challenges in securing permanent residency in the U.S. under the EB-4 category.
Importance of Legislative Action
- Congressional Action: For the EB-4 Religious Worker program to continue beyond the expiration date, Congress must pass a new bill or reauthorize the program. This is typically done in budget or immigration reform legislation.
- Uncertainty: The expiration of the program adds a degree of uncertainty for religious organizations that rely on foreign religious workers for support, staffing, and leadership.
- Impact on Applicants: If the program is not reauthorized by February 2025, applicants who are waiting for an EB-4 Religious Worker visa may face delays or be ineligible to apply. This could also affect those already in the pipeline, including pending cases.
Possible Scenarios If the SR Category Expires:
- No Immediate Effect for Approved Cases: Applicants who have already been approved or have submitted their petitions may still be able to complete their visa applications, but new petitions would be blocked.
- Uncertainty for Future Religious Workers: After the expiration date, religious organizations will have fewer options for bringing in religious workers from overseas, limiting the availability of skilled staff for religious activities and outreach.
- Reauthorization Possibility: As has happened in the past, it is possible that Congress will extend or renew the EB-4 Religious Worker program before its expiration. However, this will depend on the political situation and legislative priorities at the time.
Chart for Reference:
| Category | Scheduled Expiration Date | Impact |
|---|---|---|
| EB-4 Religious Workers (SR) | February 29, 2025 | Expiration date unless reauthorized by Congress. |
Key Takeaways:
- The EB-4 Religious Worker (SR) category is due to expire on February 29, 2025 unless Congress takes action to extend it.
- If not reauthorized, individuals hoping to immigrate as religious workers will no longer be able to do so under the EB-4 category.
- Religious organizations and workers should closely monitor Congressional actions for any developments regarding the reauthorization of this program.
E. VISA AVAILABILIY IN THE EMPLOYMENT FIFTH PREFERENCE (EB-5) SET ASIDE CATEGORIES
Increased I-526E petition approvals are reported by the USCIS and the Department of State, and both organizations see a rise in the number of applicants completing their applications in the EB-5 set aside categories. Establishing filing and final action dates during the fiscal year can be required to make sure that issuances in these categories don’t go beyond yearly caps. Any necessary modifications will be made in light of the ongoing monitoring of this situation.
F. U.S. GOVERNMENT EMPLOYEE SPECIAL IMMIGRANT VISAS (SIVs)
According to section 101(a)(27)(D) of the INA, certain current and former employees of the U.S. government abroad, as well as certain surviving spouses and children of deceased employees of the U.S. government abroad, may be impacted by the National Defense Authorization Act (NDAA) for Fiscal Year 2024, which was signed into law on December 22, 2023, when they apply for SIVs or adjustment of status. Some Afghans and Iraqis who apply for SQ and SI SIVs are unaffected by this. To learn more about how that statute affects their case, applicants may get in touch with the consular office where they submitted their Form DS-1884.
G. FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV