Filipinos – and other nationalities – with approved immigrant visa petitions wait for the publication of the Visa Bulletin, published by the U.S. State Department sometime between the first and second week of each month.  Here is a primer on how the U.S. Visa System works since it is not points-tested as is the case with the UK and commonwealth nations – Australia, Canada and New Zealand.

 There are two main immigrant visa categories: Family-sponsored and Employment-based.

 Each petition in the two main categories has a priority date, or the filing date. The priority date for the Family-sponsored is the date in which the U.S. Citizenship and Immigration Services (USCIS) received and acknowledge a visa petition in the specific immigrant visa category.

 The priority date for certain categories in the Employment-based,  (e.g., EB2, EB3, OW) is the date by which the request for a labor certification was received by the U.S. Department of Labor’s Employment & Training Administration.

 The approved petitions are then forwarded by the USCIS to the State Department’s National Visa Center for filing until notified by the Visa Office that visa processing should commence.  The Visa Office  (VO) is the monitoring unit of the State Department.

At the beginning of each month, the VO receives a report from each consular post (embassies) listing totals of documentarily qualified immigrant visa applicants in categories subject to quota or numerical limitation.  Cases are kept and grouped by foreign state chargeability, preference and priority date. No names are reported. 

Documentarily qualified applicants are those whose priority dates are to be current ;have submitted the documents required to establish eligibility for the specific immigrant visa category such as F1 (Over 21, unmarried sons and daughter of U.S. Citizens) and paid the visa fees. 

The numerical limitation or quota worldwide is set at 226,000 for the Family-sponsored and 140,000 for the Employment-based. Each country is assigned 25,620 visas for allocation for that country’s Family and Employment-based categories. 

During the first week of each month, the VO tabulates demand for all documentarily qualified applicants. Demand is the number of visa applicants in each category.

There are two types of documentarily qualified that would be tabulated and reported: those who are in the United States (applying for adjustment of status, whether legal or undocumented) and those who are outside the Philippines who have completed the documentation process with the NVC. 

 
VO subdivides the 226,000 and 140,000 into monthly allotments (allocations)  for each country. The totals of documentarily qualified applicants which have been reported to the VO (by the USCIS and National Visa Center) are compared each month with the numbers available for the next regular allotment.

 There are several variables to determine how many numbers would be available for the current month: these are (1) past number use; (2) estimates of future number use and return rates; and (3) estimates of demand from USCIS based on cut-off movements.

 Once the variables have been determined, the cutoff dates are established and numbers are allocated to reported applicants in order  of their priority dates, the oldest dates first. 

The cut-off date (which determines the cut-off movements) is established when there are more documentarily qualified applicants in a category than the total amount of visas allocated for that category.  If there are sufficient visas (more visa numbers than applicants) the category is considered “Current” and it is marked as “C” in the Visa Bulletin. 

For example:  If the monthly allocation target (based on cut-off movement) is 3,000 and there are only  1,000 applicants the category can be "Current”.  When there are more applicants than visa allocation, the category is considered ‘Oversubscribed”.  Hence, if there are 10,000 visas available in a specific category and the documentarily qualified applicants are 10,001, the cut-off date would be the priority date of the 10,001st applicant. 

The next visa applicant affected by the cut-off date must wait for the next month’s visa allocation, or in certain instances. if some immigrant visa applicants do not or are not able to use their visas. The unused visas are then returned to the VO and reincorporated into the current month’s visa allocation. 

Mach 2013, Visa Bulletin

Family-Sponsored

All Charge-ability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

F1

15FEB06

15FEB06

15FEB06

22JUL93

15OCT98

F2A

22NOV10

22NOV10

22NOV10

15NOV10

22NOV10

F2B

01MAR05

01MAR05

01MAR05

15JAN93

08JUN02

F3

15JUL02

15JUL02

15JUL02

15MAR93

15SEP92

F4

22APR01

22APR01

22APR01

15AUG96

15JUL89

 In this case, the cut-off date for the F1 for Philippine applicants (Over 21, unmarried sons and daughters of US citizens) is Oct. 15, 1998.   Since there are only 23,400 visa allocation worldwide for the F1 category, the cut-off would be the applicant with the same priority date but who would be the 23,401st applicant.

 The applicants from the Philippines (those who are in the US, legal or not) and those who are outside the United States) are competing with the rest of the world’s immigrant visa applicants.  Essentially, the 25,620 applicants of each country are competing to be included in the yearly quota of 226,000 for the Family-sponsored and 140,000 for the Employment-based.

 If you need assistance in having your immigrant visa processed, or explore other visa options to other countries such as Australia, Canada, New Zealand, the UK or any of the European nations, log on to www.visacenter.org and complete the Personal Intake Sheet Online for a free assessment. You may also call the Immigrant Visa Center at (02) 634-8717.

Got a question? Let us know - we're here to help.

About the Author

Crispin Aranda

Crispin Aranda

Crispin R. Aranda is an established International Visa Conselor and Immigrant Advocate. He is the president of IVC and is in several migration radio programs.


IVC and IVC staff are proud members or affiliates of

ICCRC logoIBP logoICEF logoPIER logo
MARA logoCANCHAM logoANZCHAM logoBritish Council logo
a