Employment Based Immigrant Visas

Chart 1: Application Final Action Dates For Employment-Based Preference Cases

If a category in the Visa Bulletin indicates that the category is Current (C), there is no backlog for that category for that month. If a category is Unavailable (U), then no applications for permanent residence will be accepted in that category during the month. If the foreign national’s country of chargeability (country of birth) is other than India, China, Mexico or Philippines, use the “World-wide” dates to determine whether a priority date is current.

In order to be granted an immigrant visa or adjustment of status, your priority date must be before the date listed for your category and country in this chart.

Employment-BasedWorld-wideChina-mainland bornEL Salvador Guatemala HondurasIndiaMexicoPhilippinesVietnam
1st01 APR 1701 JUN 1601 APR 1701 JUN 1601 APR 1701 APR 1701 APR 17
2ndC15 MAY 15C26 MAR 09CCC
3rdC01 JUN 15C01 JAN 09C08 JUN 17C
Other WorkersC01 MAY 07C01 JAN 09C08 JUN 17C
4thCC15 FEB 16C22 NOV 16CC
Certain Religious WorkersUU15 FEB 16U22 NOV 16UU
5th Non- Regional Center (C5 and T5)C15 AUG 14CCCC01 FEB 16
5th Regional Center (I5 and R5)U15 AUG 14UUUU01 FEB 16

“C” means current and “U” means unavailable.


Chart 2: Dates For Filing of Employment-Based Visa Applications

If a category in the below chart indicates that the category is Current (C), all applicants in that category may file their immigrant visa applications regardless of priority date. If the foreign national’s country of chargeability (country of birth) is other than India, China, Mexico or Philippines, use the “World-wide” dates to determine the cut-off date.

In order to file an application for immigrant visa or adjustment of status, your priority date must be before the date listed for your category and country in this chart.

Employment-BasedWorld-wideChina-mainland bornEl Salvador Guatemala HondurasIndiaMexicoPhilippines
1st01 JUN 1801 OCT 1701 JUN 1801 OCT 1701 JUN 1801 JUN 18
2ndC15 JUN 15C22 MAY 09CC
3rdC08 AUG 15C01 OCT 09C01 JUL 17
Other WorkersC01 JUN 08C01 OCT 09C01 JUL 17
4thCC01 MAY 16CCC
Certain Religious WorkersCC01 MAY 16CCC
5th Non- Regional Center (C5 and T5)C01 OCT 14CCCC
5th Regional Center (I5 and R5)C01 OCT 14CCCC

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The Department of State (DOS) issues the Visa Bulletin monthly on the availability of immigrant visas. Because U.S. regulations have capped the number of foreign nationals that can immigrate to the U.S. each year, an immigrant visa number is required for each person immigrating permanently to the United States. This applies whether the foreign national is seeking an Immigrant Visa at a U.S. Consulate outside the U.S., or through Adjustment of Status with USCIS inside the U.S.

Immigrant visas are numerically limited by both the category and by the country of chargeability (usually the country of birth of the immigrant). Individuals who are the beneficiaries of employment based immigrant visa petitions (I-140, I-360, I-526) fall into “preference” categories and must wait in line for their particular category and country of chargeability to become “current”.

First Preference:

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

Second Preference:

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 Preference:

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”.

Third Preference Other Workers Category:

Section 203(e) of the NACARA, 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 cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

Fourth Preference:

Certain Special Immigrants: 7.1% of the worldwide level.

Fifth Preference:

Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

INA Section 203(e) provides that 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 demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.


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Chart 1: Application Final Action Dates For Employment-Based Preference Cases

If a category in the Visa Bulletin indicates that the category is Current (C), there is no backlog for that category for that month. If a category is Unavailable (U), then no applications for permanent residence will be accepted in that category during the month. If the foreign national’s country of chargeability (country of birth) is other than India, China, Mexico or Philippines, use the “World-wide” dates to determine whether a priority date is current.

In order to be granted an immigrant visa or adjustment of status, your priority date must be before the date listed for your category and country in this chart.

Employment-BasedWorld-wideChina-mainland bornEL Salvador Guatemala HondurasIndiaMexicoPhilippinesVietnam
1st01 JUL 1701 SEP 1601 JUL 1701 SEP 1601 JUL 1701 JUL 1701 JUL 17
2ndC01 JUL 15C01 APR 09CCC
3rdC08 JUN 15C01 MAR 09C15 JUN 17C
Other WorkersC01 JUN 07C01 MAR 09C15 JUN 17C
4thCC22 FEB 16C01 JAN 17CC
Certain Religious WorkersUU22 FEB 16U01 JAN 17UU
5th Non- Regional Center (C5 and T5)C22 AUG 14CCCC01 MAY 16
5th Regional Center (I5 and R5)U22 AUG 14UUUU01 MAY 16

“C” means current and “U” means unavailable.


Chart 2: Dates For Filing of Employment-Based Visa Applications

If a category in the below chart indicates that the category is Current (C), all applicants in that category may file their immigrant visa applications regardless of priority date. If the foreign national’s country of chargeability (country of birth) is other than India, China, Mexico or Philippines, use the “World-wide” dates to determine the cut-off date.

In order to file an application for immigrant visa or adjustment of status, your priority date must be before the date listed for your category and country in this chart.

Employment-BasedWorld-wideChina-mainland bornEl Salvador Guatemala HondurasIndiaMexicoPhilippines
1st01 JUN 1801 OCT 1701 JUN 1801 OCT 1701 JUN 1801 JUN 18
2ndC08 SEP 15C22 MAY 09CC
3rdC01 DEC 15C01 JAN 10C01 AUG 17
Other WorkersC01 JUN 08C01 JAN 10C01 AUG 17
4thCC01 MAY 16CCC
Certain Religious WorkersCC01 MAY 16CCC
5th Non- Regional Center (C5 and T5)C01 OCT 14CCCC
5th Regional Center (I5 and R5)C01 OCT 14CCCC

Are You Experiencing Immigration Issues?

Get answers to your immigration questions to work, invest, marry or live in the U.S.

Start My Phone Consultation

The Department of State (DOS) issues the Visa Bulletin monthly on the availability of immigrant visas. Because U.S. regulations have capped the number of foreign nationals that can immigrate to the U.S. each year, an immigrant visa number is required for each person immigrating permanently to the United States. This applies whether the foreign national is seeking an Immigrant Visa at a U.S. Consulate outside the U.S., or through Adjustment of Status with USCIS inside the U.S.

Immigrant visas are numerically limited by both the category and by the country of chargeability (usually the country of birth of the immigrant). Individuals who are the beneficiaries of employment based immigrant visa petitions (I-140, I-360, I-526) fall into “preference” categories and must wait in line for their particular category and country of chargeability to become “current”.

First Preference:

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

Second Preference:

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 Preference:

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”.

Third Preference Other Workers Category:

Section 203(e) of the NACARA, 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 cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

Fourth Preference:

Certain Special Immigrants: 7.1% of the worldwide level.

Fifth Preference:

Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

INA Section 203(e) provides that 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 demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.


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