Final Action Dates vs. Dates for Filing Chart: What You Need to Know?
If you are a green card applicant, you might be familiar with the visa bulletin, which details the number of immigrant visas available for each green card category every month. Are you confused about the Final Action Dates vs the Dates for Filing Chart in the visa bulletin? We’ve got you covered. Let’s begin.
Factors Determining Movement of Priority Dates in the Visa Bulletin
The U.S. Department of State (DOS) predicts monthly immigrant visa availability starting each fiscal year in October. This prediction considers annual limits and several key factors:
- Historical data on abandonments, denials, and withdrawals.
- Pending Adjustment of Status Applications from USCIS.
- Eligible immigrant visa applicants from U.S. consulates/embassies worldwide.
These three factors directly influence the movement of priority dates in the monthly visa bulletins. Therefore, changes in these factors drive the adjustments in priority dates.
In addition to these general predictions, it’s crucial to note that there is a 7% per-country cap limit, and green card allocations are categorized annually.
Furthermore, the Department of State (DOS) groups major green card categories in its reports and predictions on green card availability, without specifying exact priority dates for their subcategories.
For example, USCIS assigns a priority date to the EB1 category, which includes subcategories like EB1A, EB1B, and EB1C. Similarly, EB2 and EB2-NIW are part of the EB2 category.
Final Action Dates vs Dates for Filing Chart
Let’s explore the differences and usage of final action dates vs dates for filing charts.
Usage of Dates for Filing Chart
1. For consular processing applicants:
If you are applying for a green card outside the US, the date for filing is generally used by the National Visa Center (NVC) to notify you when to prepare and submit the required documents for the green card interview at the US consulate.
Once you submit the documents, your case is marked as “documentarily complete.” You will then be ready to attend an interview once your priority date appears in the final action date chart.
The NVC also sends the count of documentarily complete applicants to the US Department of State on predicting the immigrant visa numbers
2. For Adjustment of Status Applicants:
If you are applying for a green card from within the US, the Dates for Filing chart allows you to submit an Adjustment of Status application to USCIS once your priority date becomes available.
At the beginning of the fiscal year, starting in October, USCIS predicts the number of applications needed to meet the annual green card issuance limit. They do this by assessing pending green card applications. If they foresee a shortage of applicants, they permit eligible individuals to use the Dates for Filing chart in the early months of the fiscal year. This ensures enough applicants are in line to meet the annual green card limit efficiently.
However, the actual green card is issued only when your priority date is current according to the Final Action Dates chart. Filing based on the Dates for Filing allows you to receive an Employment Authorization Document (EAD) and advance parole earlier while waiting for your green card.
Usage of Final Action Date Chart
If your priority date appears in the visa bulletin’s final action dates chart for your green card category and country of origin, it means a green card is available to you. You may receive your green card within that fiscal year.
1. For Consular Processing Applicants:
If you are applying through consular processing, the National Visa Center will notify you when your priority date becomes available on the final action dates chart. They also help the US consulate schedule your green card interview once your priority date is available in the final action dates chart.
2. For Adjustment of Status Applicants:
If your priority date matches or is earlier than the final action dates for your green card category and country of origin, you can file an Adjustment of Status application with USCIS. This indicates that green cards are currently available for you in your category.
Understanding the difference between final action dates vs. dates for filing applications is crucial for green card applicants.
What If the Final Action Date is Current?
When the final action date in the visa bulletin is current, you can apply for Adjustment of Status without waiting for a visa number to become available. However, approval is not immediate; USCIS still needs to review your application, which typically takes several months.
For applicants processing through consular services, a current final action date enables you to attend a green card interview at a US consulate. Following a successful interview, you can enter the US with an immigrant visa and receive your green card.
Conclusion
To get a green card, your priority date must be available on the Final Action Dates chart. The Dates for Filing chart can help you obtain an EAD and advance parole sooner.
For Indian applicants, priority dates for EB1 or EB1A move faster in the monthly visa bulletins compared to EB2 and EB3. In July 2024, the EB1A green card category has shorter wait times of about two years for Indian applicants.
We hope this blog helps you understand the difference between the Final Action vs Dates for Filing charts. If you want to learn how to read the visa bulletin, check out our detailed blog here.
If you need comprehensive assistance to build a compelling EB1A profile, explore the Smart Green Card VIP plan.
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