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Trouble getting a visa? New website highlights travelers affected by 'unconscionable' wait times

The wait time for a visa interview in Mumbai for Indian citizens who want to visit the U.S. is 999 days, according to the State Department.

"That’s unconscionable," said Geoff Freeman, president and CEO of the U.S. Travel Association. "International visitors are incredibly important to the United States."

In an effort to pressure the Biden Administration to address the backlog, his organization developed a website, usvisadelays.com , to allow travelers to post the stories of their waits publicly. It's coordinated with a social media campaign using the hashtag #TheyWaitWeLose.

Freeman said he hopes giving voice to affected travelers will help bring light to the issue and make visa wait times a little shorter. Ultimately, the organization's goal is to get the average wait time as low as 21 days. 

Travel woes: Why the visa process could be 'discouraging visitors' and keeping families apart

Learn more: Best travel insurance

That average is more than 400 days in many popular inbound markets, including India, Brazil and Mexico, according to Freeman.

When do visitors need visas to come to the US?

Around 40% of international visitors to the U.S. need a visa to enter, USA TODAY previously reported . The only travelers who are typically exempt come from countries with visa waivers in place, a list that has 40 countries, including the United Kingdom, Australia, New Zealand, Japan and many European nations. 

Real ID: The deadline is delayed (again). You can keep traveling with an old ID until 2025.

All others, except those from Canada, need to apply for a tourist visa if they're coming for leisure or a work or business visa in applicable circumstances. 

The travel association estimates that visa wait times will cost the U.S. economy $7 billion in 2023. 

What's causing the delays? 

According to Freeman, the State Department says staffing issues are the main culprit behind the visa application backlog. But, Freeman says, a similar logjam existed under the Obama administration, and solutions were put in place to address it.

Some of travel association's proposals include surging staff from lower-traffic embassies and consulates to higher-demand locations, and extending visas or waiving interviews for returning visitors. 

Stay safe: Experts say it's safer to leave your phone in airplane mode when you fly

What can travelers do if they can't wait that long for a visa interview?

Unfortunately, there's not much a visa applicant can do to speed up the process. Some well-off travelers may be able to visit an embassy or consulate in another city with a shorter wait time, but Freeman said that's not an option for many applicants. The result, he added, is that the U.S. is missing out on tourist dollars and possible business transactions as well.

"The long-term loss is almost impossible to predict," he said. 

Indians face up to 3-year waits for U.S. tourist visas as consulates on the subcontinent are in disarray

In a Facebook group filled with almost 25,000 South Asians looking to travel to the U.S., daily anonymous posts fly in by the hundreds. 

“I am looking for B1/ B2 visa appointment in the next year,” one person wrote. 

Dozens of commenters underneath the appeal affirm its message: “Me too,” “Looking for my parents,” “The earliest one I’m seeing is for 2025.” 

The mass scramble is the result of record-long wait times for Indian nationals trying to get a tourist visa to the U.S., according to experts.

Waiting periods at American consulates in India range from a few months to several years just to secure an interview. A simple visit for the holiday season would sometimes require almost three years of advanced planning for someone who doesn’t already hold a visa.

Immigration economists say beyond the personal damage this is causing to families, the inaccessibility has the potential to stymie Indian immigration to the United States overall. 

“This is clearly a broken system,” said Gaurav Khanna, an assistant professor of economics at the University of California at San Diego, whose research focuses on immigration. “Grandparents haven’t seen grandkids in four years because of Covid, and now they can’t get visas. That affects how welcome the Indian diaspora themselves feel in the U.S. ‘If my family can’t come visit us, I don’t think my life in the U.S. is as rewarding as I was promised.’”

In some Indian cities, like Chennai and Hyderabad, the wait time for a tourist visa interview is 999 days, according to numbers released by the U.S. State Department, which far exceeds the global median wait time of two months. In Kolkata, the wait is 959 days. Other consulates are only taking appointments for emergency tourist visas, which experts suspect have a shorter backlog of their own. 

“Just from a pure management, organizational point of view, it seems like a completely dysfunctional system,” Khanna said. 

NBC News reached out to the State Department and has not received a response. In a statement released last month , they acknowledged prolonged wait times across the globe.

“The Department of State is successfully lowering visa interview wait times worldwide,” the statement said. “We have doubled our hiring of U.S. Foreign Service personnel to do this important work, visa processing is rebounding faster than projected, and in Fiscal Year (FY) 2023 we expect to reach pre‑pandemic visa processing levels.”

According to Julia Gelatt, a senior analyst with the Migration Policy Institute, the disarray stems from travel moratoriums and hiring freezes during the height of the pandemic that left thousands of visas backlogged. The State Department cites staffing issues which it is trying to remedy, but Gelatt says it won't be a quick process.

“The State Department says that they’re doubling their hiring and they’re training up staff,” Gelatt said. “But it takes a while to staff consulates because they’re teaching Americans new languages and giving them lots of training before they’re put in their posts.”

But the Covid explanation isn’t satisfactory for Khanna.

“Most countries have had Covid-related backlogs and staffing issues,” he said. “At some point staffing issues are a sign of dysfunction…It’s fairly easy to get a visa to come to India from the U.S. People just have to wait a few weeks. But the other way around it takes a very long time. It shows that efficient systems can exist to grant visas.”

As the consulates’ backlogs continue to grow and available appointments stretch years into the future, some are taking matters into their own hands. On Facebook and WhatsApp, some South Asian organizations are offering people a back channel to earlier interview times, Khanna has observed. 

Dozens of social media groups dedicated to solving visa issues have cropped up this year alone , with admins flaunting successful early interview appointment bookings and encouraging members to direct-message them for help. Often marketed as "visa consulting," or "interview early date help," they reserve upcoming appointments in large numbers, then cancel and sell the slots to desperate travelers willing to spend the money, Khanna said. 

“That’s, again, a sign that there’s something wrong with the system here,” he said. “People who get in touch with these groups can pay a lot of money to get a quicker appointment. That’s really exacerbating the problem. But people are willing to pay.”

Khanna says they’re capitalizing off a lack of clarity behind the processes and complications that often arise when trying to get even a short-term U.S. visa. 

It adds another financial barrier to entry for lower-income South Asians trying to visit the United States, Khanna said. 

“It’s not equitable,” he said. “The consulates are saying it’s a staffing issue. Essentially, that’s another way of saying, ‘we haven’t gotten our act together.’ It’s not an excuse in any way.”

Khanna said families will continue to go years without seeing each other and America’s image as a haven for Indian immigrants has the potential to deteriorate. 

“As it is, they’re leaving their family on the other side of the world and now it’s difficult for their family to come visit,” he said. “That has impacts that are not just related to tourism. It has impacts on where the diaspora are willing to settle down. Do we want to be in a place like the U.S. where our family finds it so difficult to visit?”

Sakshi Venkatraman is a reporter for NBC Asian America.

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Home » Blog » Why Immigration Visa Wait Times Are So Long

Why Immigration Visa Wait Times Are So Long

February 2, 2021 Apply for Green Card Immigration News

Coming Changes Could Reduce Green Card and Visa Processing Times

Applying for an immigrant visa to the United States is an all-consuming process. Applicants have to submit paperwork that sometimes spans several years of their lives and make their case in front of immigration officers multiple times. Over the years, the number of applications for immigrant visas has reached record levels. During the Trump administration, we also saw higher denial rates and Requests for Evidence (RFEs) in many categories of immigrant visas. Visa wait times seem to just grow longer.

All of these steps, plus the annual limits in some visa categories, make wait times exceptionally long. During 2020, many applicants for immigrant visas experienced significant delays in their cases due to U.S. immigration offices and embassies’ closures based on COVID-19 protocols.

We know that applying for a U.S. immigrant visa involves “getting in line” with hundreds of thousands of people. But why exactly are visa wait times so long? And what will President Biden do to improve it?

The Immigrant Visa Process, in a Nutshell

An immigrant visa allows you to live and work in the United States permanently. Most people know it as a permanent resident card or “green card.” There are many ways in which a person can become a permanent resident in the United States, but most immigrant visas fall under these categories:

• Family-Based Immigrant Visas
• Employment-Based Immigrant Visas
• Diversity Visas
• Refugees and Asylum Seekers

Regardless of the category under which you may qualify, the process involves multiple government agencies, including U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (if you’re abroad). USCIS manages most of the immigration process. You can see a flowchart of the process here .

The process involves submitting a visa petition with supporting evidence, going through a review process, and completing an interview. For family-based immigration, the sponsor can file the immigrant visa petition (Form I-130) for a beneficiary who is inside the United States ( adjustment of status ) or outside the U.S. ( consular processing ). Some applications require an Affidavit of Support (Form I-864), showing that the person petitioning for you, or a qualifying sponsor, will vouch for you financially and step in if you are unable to support yourself while in the U.S. for any reason. That shows the U.S. government that you will not become a “public charge” once you are in the U.S.

RECOMMENDED: Family-Based Immigration in the United States

Interviews may take place in a USCIS field office or a U.S. embassy or consulate abroad, depending on the case. Depending on the situation, the petitioner may have to be present. To facilitate the interview, the applicant should take several supporting documents.

It’s important to understand that the United States receives more immigrant visa applications than any other country in the world. Given that, it’s normal that processing times across the board are high. Most of the time it doesn’t mean there’s anything wrong with your application or USCIS is missing any pieces of information to make a decision in your case.

USCIS updates their estimated processing times each month. To check the processing time for your type of form, go to the USCIS Processing Times website, choose your type of form, and the field office processing your case. You can submit a request about your case when your case is past the date on the highest number of months in the processing times range. At that point, your case is considered “outside of processing times.” Until then, “no news is good news,” most of the time. Processing times don’t explain the ridiculously long waits that some people experience.

The Line Starts Here

Visa wait times are not only dependent on the procedural processing of paperwork as described above. U.S. immigration law limits the number of green cards issued each year in most categories. They use a “priority date” to mark the individual’s place in line.

One of the most important pieces of information in your immigrant visa case is your priority date, which is the date when a visa number will be available for you. As of 2017, there were 3.7 million people waiting for a visa number to become available to them so they can apply for a green card. This is just people waiting to apply while they are outside of the United States. These numbers do not include anyone applying for a green card inside the United States through adjustment of status.

Immediate relatives of U.S. citizens, such as spouses, parents, and unmarried children under 21 years old don’t fall under the priority dates. This is because the U.S. immigration system makes it a priority to reunite families. Other family members, such as married children of U.S. citizens over 21 years of age, siblings of U.S. citizens, or spouses and children of permanent residents are subject to priority dates, and have to wait until a visa number is available to them.

Each month, the Department of State publishes the Visa Bulletin , which lets you see which priority date is up for your visa category each month.

RECOMMENDED: How the Visa Bulletin Works

Immigrant Visa Wait Times by Country

We’ve established that visa wait times grow because there is a statutory limit on the number of green cards the government may issue each year. But there’s more. In addition to that, U.S. immigration law says no more than seven percent of all immigrant visas can be given to people of one country in a given year. Applicants from countries that submit a high volume of applications — such as China, India, Mexico, and the Philippines — have the longest waiting times across all categories.

Since 1991, a year after the country quotas were put in place through the Immigration and Nationality Act, visa wait times have grown by four and a half years for Indians and three years and two months, for Mexicans. By 2018, Indians had the longest wait times overall of all countries – eight and a half years, according to statistics compiled by the CATO Institute . The average waiting time for all categories was almost six years.

Wait times become the longest for non-immediate relatives of petitioners. For example, the current wait for Filipino siblings of adult American citizens need to wait an average of 23 years to be eligible for a green card. Children over 21 years of age of U.S. citizens that are either Filipino or Mexican fare better by only a year, as their waiting time for a visa number to be available is 22 years. Family-based visas and employment-based visas based on preference (F and EB visas respectively) command the longest waiting times overall. Family-based visas take more than half of the immigrant visas available on any given year at 62 percent. The CATO Institute points out, as an issue of concern, that “one category — siblings of adult U.S. citizens — accounts for half the entire backlog. There is a significant mismatch between the share of available green cards in each line and the share of applicants in each line.”

Future visa wait times look impossibly grim — in fact, many applicants will die without having the chance to apply for a green card at all. Statistics show that for nationals of some countries, such as Mexican siblings of U.S. citizens may have to wait a whole century in the backlog before being eligible to apply for a green card.

Why Would Your Case be Taking Longer Than Usual

Most of the time, cases are filed properly and it’s just a matter of time to make it through the backlog. However, there are some situations in which your case could be taking longer than usual. Errors and omissions any of the forms will contribute to longer visa wait times. Luckily, most of these are easy to fix:

Your File Is Lost or Misplaced

This is highly unlikely, but certainly not impossible. USCIS utilizes contractors to do the data entry. It’s at this point, that many documents can be shuffled or lost. Before you send your application in, make sure you have copies of everything you sent. If immigration officials lost or misplaced any pieces of your application, you can resubmit documents to your case processing center.

Notices Sent to the Wrong Address

If you change your address at any point during your case processing, make sure you notify USCIS so you don’t miss any notices. Failing to change your address means you could miss important notices, like notices for a biometrics appointment or an in-person interview, which could push your case back or result in a negative decision. If your case is at a stage of processing where offices other than USCIS are processing your case (such as the National Visa Center), you may need to change your address with them as well.

Security Checks

Many applications require a biometric screening . Immigration officials will collect your fingerprints and use them to run a background check through the Federal Bureau of Investigation (FBI). If you have anything on your record, like a previous conviction or arrest, your security check will take longer, while the FBI checks your record with local authorities. The background check may take longer simply to make sure it’s being run for the right person if you have a very common name.

Responding to RFEs with Everything Required

If you receive a Request for Evidence, make sure you go the extra mile and provide as much evidence as possible. Your RFE notice will have specific examples of the kind of evidence they need to see. Submit it in the time specified — RFEs have deadlines, and not responding to them could delay your case or result in a denial.

RECOMMENDED: How to Respond to a USCIS Request for Evidence (RFE) Correctly

The Biden Administration’s Approach

The Biden administration has indicated it intends to address immigration as an immediate priority . Not only do they plan to undo the most controversial measures put in place by the former Trump administration, but anticipate moving aggressively with immigration reform. These are systematic changes to improve immigration.

In fact, Congress is moving on improving the issue of visa wait times before Biden takes office. In December 2020, the Senate passed a bill that, among other things, increases the annual cap for each country on family-based visas from 7 to 15 percent. Most importantly, it eliminates country caps on employment-based visas, which overall relieves the processing times of all visa categories. Senate leadership calls it an important step in ending “nationality discrimination.” The hope is that, by cutting the per-country caps, employment-based visas do become more merit-based and processing times come down.

Biden has already announced plans to provide a path to legal status for the more than 11 million undocumented immigrants currently in the United States through an eight-year pathway . These immigrants that are currently out of legal status in the U.S. would be but in a type of probationary status for five years after which they could apply for a green card. After three years as permanent residents, these immigrants could apply for US citizenship. During this “probationary” time, they would need to pass a background check and pay taxes.

As part of the Biden administration’s massive overhaul of the immigration system, Dreamers — those who entered the U.S. as children on unauthorized status – and refugees currently in the U.S. will be allowed to apply for green cards immediately.

The other very significant way in which Biden’s changes can help with wait times is by exempting spouses and children of green card holders from the caps in place previously. Under the current system, an applicant’s spouse and children under 21, which are normally attached to the original application, also counted in the per-country caps and yearly numerical caps. Under the Biden plans, spouses and children are additional and outside the limits of annual green card quotas, thus allowing more families to migrate to the U.S. together as opposed to in batches.

If more people become eligible for green cards, won’t the system get even more backed up?

Not necessarily. The Trump administration focused heavily on enforcement and fraud prevention, which created bottlenecks in case processing by slowing down cases that would be routine approvals through Requests for Evidence and denials that ended up in court. The focus on enforcement also took personnel and resources from immigration processing, which left USCIS facing a backlog they were ill-equipped to handle. The Biden administration hopes to use more technology in immigration enforcement and border security, which would allow others in the Department of Homeland Security to move towards making the immigration system more efficient. Furthermore, if a path to residency is opened for the millions of undocumented immigrants currently in the United States, Immigrations and Customs Enforcement (ICE) would have less work in their hands as those individuals transition to a regularized status.

Thanks to winning a runoff Senate election in Georgia that gave the Democratic Party effective control of the Senate, it’s more plausible that the Biden administration doesn’t just enact executive action to improve the immigration system, but enacts laws that could result in more permanent change.

Stay up to date on the latest in immigration — including when these proposed changes become effective — by subscribing to our Immigration Insider newsletter. Immigration Insiders also save 10 percent on their CitizenPath services.

Making sure you submit an error-free application is crucial to a straightforward process and avoiding delays. CitizenPath’s application assistance software guarantees your application will be accepted by USCIS – or you get your money back. We’ve developed our software with immigration lawyers to ensure we account for every possible error, so you can file your application worry-free. Do everything you can to reduce your visa wait times.

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When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: May 2024

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process . If you already have a petition filed or approved on your behalf, you may have to wait for an available visa in your category (if applicable) before you can file your Form I-485, Application to Register Permanent Residence or Adjust Status . This page will help you determine when to file your adjustment of status application.

When to File

Use the Visa Bulletin charts below to determine when to file your adjustment of status application.

To use the charts:

• Find your visa type in the first column (on the left) of the appropriate chart (Family-sponsored or Employment-based).
• Stay in that row and move directly to the right to find the corresponding date under the country of your birth (as listed in the boldface columns across the top).
• If the date on the chart is current (“C”), or your priority date is earlier than the date on the chart, you may file your adjustment of status application, if otherwise eligible to do so.
•  “U” means unauthorized; for example, numbers are not authorized for issuance.

Your priority date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS. If a labor certification is required to be filed with your immigrant visa petition, the priority date is the date the labor certification application was accepted for processing by the Department of Labor.

About the Visa Bulletin

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin . The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date.

On Nov. 20, 2014, the Secretary of Homeland Security directed USCIS to work with DOS to:

• Ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas, and
• Improve the Visa Bulletin system for determining when immigrant visas are available to applicants during the fiscal year.

Additionally, in July 2015, the Administration issued its report on Modernizing and Streamlining Our Legal Immigration System for the 21st Century (PDF) . This report included detailed recommendations to revise and update the monthly Visa Bulletin to better estimate immigrant visa availability and provide needed predictability to nonimmigrant workers seeking permanent residency.

USCIS, in coordination with DOS, revised the procedures for determining visa availability for applicants waiting to file for adjustment of status. The revised process will better align with procedures DOS uses for noncitizens who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

This revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand in determining the cut-off dates for the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates. Additional goals are outlined in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st Century (PDF) .

New Visa Bulletin Charts

The Visa Bulletin will now have two different charts because of the revised procedures. DOS will post two charts per visa preference category in the DOS Visa Bulletin. The charts are:

• Application Final Action Dates (dates when visas may finally be issued); and
• Dates for Filing Applications (earliest dates when applicants may be able to apply).

When USCIS determines there are immigrant visas available for the filing of additional adjustment of status applications, the Dates for Filing Applications chart may be used to determine when to file an adjustment of status application with USCIS. Otherwise, the Application Final Action Dates chart must be used to determine when to file an adjustment of status application with USCIS.

In coordination with the DOS, USCIS will monitor visa numbers each month and post the relevant chart on this page under When to File.

Determining Visa Availability

USCIS considers several factors to determine if there is a greater supply of visas than the demand for those visas. To determine visa availability, USCIS will compare the number of visas available for the remainder of the fiscal year with:

• Documentarily qualified visa applications reported by DOS;
• Pending adjustment of status applications reported by USCIS; and
• Historical drop off rate of applicants for adjustment of status (for example, denials, withdrawals and abandonments)

South American heist rings target luxurious US homes, wear ghillie suits to remain unseen

C onniving “burglary tourists” are coming from other parts of the world through a visa program and targeting luxurious homes in the US — with some even using ghillie suits as they wait for the perfect time to strike, one prosecutor told CNN.

Police and prosecutors in different high-end communities are trying to keep up with international heist rings that come into the nation, loot pricey items from wealthy homeowners and sell the swiped goods with the money sent back to their home countries, mostly to South America.

“They take advantage of the fact that most people don’t have window sensors or motion detectors on their second floors,” Orange County District Attorney Todd Spitzer said. “They have WiFi jammers to stop the alarm company from being notified.”

One law enforcement official suspected the “burglary tourists” that enter the country for 90-day visits without a traditional tourist visa are at least in the hundreds.

With a visa waiver from the Electronic System for Travel Authorization program in hand, they then join burglary rings.

“What we’re getting is hundreds and hundreds, if not thousands, coming in through the visa waiver program that are committing residential burglaries in dozens and dozens and dozens and dozens of cities and neighborhoods around the country,” Scottsdale Police Chief Jeff Walther said during a March press conference.

“This is not a Scottsdale issue, this is not a Valley issue, this is not an Arizona issue. This is a national issue.”

Along with communities in Arizona and California, police in Baltimore, Nassau County in New York and Raleigh, North Carolina have arrested burglary suspects who are Chilean and in the US on visa waivers, CNN reported.

A victimized couple told the outlet thieves broke into their Southern California home months ago and took off with $8 million worth of items, including their wedding rings and other jewelry that was locked behind a 6-foot-tall safe.

“They came over our fence, they broke through a window in the upper bedroom and came through that window,” Jeff Starr said. “And then immediately started working … on the safe.”

“You don’t feel safe in your own home anymore,” Jeff’s wife Carol Starr also said.

LAPD Deputy Chief Alan Hamilton told the Los Angeles Times last month South American thieves are not new in the California city, but “the number of crimes tied to these kind of crews are way, way up.”

On top of people from Chile, other thieves have had ties to Peru, Ecuador and Colombia, the newspaper reported.  

While Walther, the Arizona police chief, noted not every Chilean coming into the US is committing crimes, the federal government needs to answer hard questions about the waiver program.

Spitzer, the Orange County DA, reportedly said the Chilean government has refused to follow a mandate to fork over the criminal history of Chilean citizens who use the visa program.

“If we don’t know the criminal background of these individuals … then we can’t tell the judge anything or represent anything about the background,” he said, per CNN.

“Which means the person is released on no bail and they never come back again to answer for the charges.”

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Accepting, Serving in, or Performing Duties of a Position with the Government of a Foreign State - Immigration and Nationality Act (INA) Sectioin 349(a)(4)

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Visa Bulletin For May 2024

Number 89 Volume X Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during May  for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at  www.uscis.gov/visabulletininfo , individuals seeking to file applications for adjustment of status with USCIS must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. 

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by April 1st . If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.

2.  The fiscal year 2024 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality Act (INA) is 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

3.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa issuances will exceed the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES. 

4.  Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows: 

FAMILY-SPONSORED PREFERENCES

First : ( F1 ) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. ( F2A ) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. ( F2B ) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third : ( F3 ) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth : ( F4 ) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

A.   FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

For May, F2A numbers  EXEMPT from per-country limit  are authorized for issuance to applicants from all countries with priority dates  earlier  than 08NOV20. F2A numbers  SUBJECT to per-country limit  are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO , with priority dates beginning 08NOV20 and earlier than 01JUN21. All F2A numbers provided for MEXICO are exempt from the per-country limit.

B.  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: 

EMPLOYMENT-BASED PREFERENCES

First :  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second :  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third :  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

Fourth :  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth :  Employment Creation:  7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.

A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. For Fiscal Year 2024 this reduction will be limited to approximately 150.

B.  DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. 

B .   DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF MAY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years.  The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program.  Visa numbers made available to NACARA applicants in FY 2023 will result in reduction of the DV-2024 annual limit to approximately 54,850.  Section 5104 of the National Defense Authorization Act (NDAA) for Fiscal Year 2024 amended the NACARA’s provisions on the Diversity Visa program such that the number of visas made available under the NDAA will be deducted from the 55,000 DVs annually allocated.  These amendments will not impact the number of diversity visas available until FY 2025.  DVs are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For May , immigrant numbers in the DV category are available to qualified DV-2024 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers  BELOW  the specified allocation cut-off number:

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2024 program ends as of September 30, 2024. DV visas may not be issued to DV-2024 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2024 principals are only entitled to derivative DV status until September 30, 2024. DV visa availability through the very end of FY-2024 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C.   THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JUNE

For June , immigrant numbers in the DV category are available to qualified DV-2024 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers  BELOW  the specified allocation cut-off number:

D.   EMPLOYMENT FOURTH PREFERENCE (SR) RELIGIOUS WORKERS CATEGOY EXTENDED

H.R. 2882, signed on March 23, 2024, extended the Employment Fourth Preference Certain Religious Workers (SR) category until September 30, 2024.  No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2024.  Visas issued prior to that date will be valid only until September 29, 2024, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat admitted) into the United States no later than midnight September 29, 2024. 

The SR category is subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability. 

E.   ANNUAL WAITING LIST REPORT OF IMMIGRANT VISA APPLICANTS IN THE FAMILY-SPONSORED AND EMPLOYMENT-BASED PREFERENCES REGISTERED AT THE NATIONAL VISA CENTER AS OF NOVEMBER 1, 2023

The National Visa Center has provided the totals of applicants who are registered in the various numerically-limited immigrant categories for processing at overseas posts.  This information is available on the Consular Affairs www.travel.state.gov website.  The direct link to the item is:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics.html

F.   U.S. GOVERNMENT EMPLOYEE SPECIAL IMMIGRANT VISAS (SIVs)

The National Defense Authorization Act (NDAA) for Fiscal Year 2024, signed into law on December 22, 2023, may affect certain current and former employees of the U.S. Government abroad applying for SIVs or adjustment of status, as described in section 101(a)(27)(D) of the INA.  This does not affect certain Iraqis and Afghans applying for SQ and SI SIVs.  Applicants should contact the consular section at which they filed their Form DS‑1884 for further information on the impact of that law on their case.

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

Department of State Publication 9514

CA/VO: April 3, 2024

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