Preference Categories (Visa Bulletin)

U.S. citizens and lawful permanent residents who have family members within one of the preference categories may file family petitions for their relative, but they will have to wait until there is a visa available before they can proceed to either consular process or apply for adjustment of status. The reason for this is that there is a cap or limit on how many persons in each category may obtain permanent residency, i.e. a “green card” each year. Depending on which category your relative is in and what country he or she is from, these waits can take anywhere from a few months to over 15 years. It is difficult to predict how long wait times will be because how quickly the wait lists move depends in part on how many people in each category actually obtain green cards each month.

Once a U.S. citizen or permanent resident files a family petition, it is assigned a priority date. The priority date will be the date of filing even if it takes several years for the Immigration Service to approve the petition. The Department of State publishes a “Visa Bulletin” each month that sets forth the cutoff date for each preference category. Foreign nationals with priority dates before the cut off date in their category may proceed to either consular process or adjust status, as appropriate. Also, once the priority date becomes current applicants in the preference categories my generally immigrate along with their spouse and minor children, unless, of course, their category does not permit them to be married.

Our Services

If you are considering filing an H1B visa petition for the international staffing of your own business, contact us for a free consultation to discuss your needs and how we can assist you in the process. Our attorneys are experienced in dealing with unique business situations, and have represented many clients in successfully obtaining employment visas for hiring foreign national.

We can advise you with recommendations for your global hiring plans based on the latest immigration regulations, and will take into account any special factors that may apply to your industry or involvement with international trade. With three offices in California and Oregon in the western United States, we are happy to meet with you in person or discuss your employment immigration needs by phone.