Dates for Filing vs. Final Action Dates in the Visa Bulletin

The Visa Bulletin published each month by the Department of State contains two separate charts for family-sponsored and employment-based green card categories: the "Final Action Dates" chart, which shows when a case can actually be approved, and the "Dates for Filing" chart, which shows an earlier date that may let you submit your application sooner. USCIS - not the reader - decides each month which of the two charts adjustment-of-status applicants may use, and it announces that decision on its own website, separately from the Department of State's bulletin itself. Because that designation can change every month and differs by category, this article explains how the system works rather than quoting any specific current date - you should always check the live sources linked below before you file or advise anyone else.

The Two Charts, and What Each One Means

Most family-sponsored and employment-based green card categories are subject to annual numerical limits set by Congress. When more people qualify in a category than there are visas available that year, the government uses a "priority date" system - essentially a waiting line based on when your underlying petition was filed - and publishes cutoff dates each month showing whose place in line has come up.

  • Final Action Dates chart. This is the chart that has always existed. It shows the cutoff date the government is currently using to actually approve cases and issue visas or green cards. If your priority date is earlier than (or your category is listed as "current" on) this chart, your case can be approved that month, assuming everything else is in order.
  • Dates for Filing chart. This second chart was added later and shows an earlier, more forward-looking cutoff date. If your priority date is earlier than the date on this chart, it means you may be allowed to submit your application - but approval still depends on the Final Action Dates chart catching up to your priority date later.

In short: Dates for Filing tells you when you might be allowed to turn in your paperwork. Final Action Dates tells you when your green card can actually be granted.

Why Two Charts Exist

The Dates for Filing chart was introduced so that people who are clearly going to become eligible relatively soon can get into the system earlier - filing Form I-485 (Application to Register Permanent Residence or Adjust Status), completing biometrics, and in many cases becoming eligible to apply for a related employment authorization document and advance parole travel document while the underlying visa number catches up. This can meaningfully shorten the practical wait for people who would otherwise sit idle even though a visa was likely to become available for them before too long.

The Final Action Dates chart still controls when the case is actually decided and a visa number is used, because federal law limits how many visas can be issued in a fiscal year and category. The government cannot approve more cases than there are numbers available, no matter how many people were permitted to file.

How USCIS Decides Which Chart to Use Each Month

Each month, the Department of State publishes the Visa Bulletin with both charts. USCIS then reviews visa availability and decides - separately for family-sponsored categories and for employment-based categories - whether adjustment of status applicants may use the Dates for Filing chart or must use the Final Action Dates chart for that month. USCIS posts this determination on its own "When to File" page, which is updated for the current month.

This means:

  • The chart that applies can be different for family-sponsored categories than for employment-based categories in the same month.
  • The chart that applied last month is not a reliable guide to what applies this month - USCIS can and does switch between the two charts from one month to the next depending on visa availability.
  • People applying for an immigrant visa at a U.S. embassy or consulate abroad, rather than adjusting status inside the United States, generally follow instructions from the Department of State's National Visa Center, which can operate on its own timing for requesting documents and fees.

Because of this month-to-month variability, this article intentionally does not state which chart currently applies to any category. That information changes on a predictable monthly cycle but is only accurate for the specific month you check it.

What "Current" Means and How to Read the Charts

On either chart, a category and country combination is either "current" (meaning no backlog exists that month, so anyone otherwise eligible may proceed) or listed with a specific cutoff date. If your priority date - generally the filing date of your underlying I-130 or I-140 petition, found on the receipt or approval notice - is earlier than the listed cutoff date for your category and country of chargeability, you meet that chart's requirement for the month. If your priority date is later than the cutoff, you are not yet eligible to move forward under that chart.

Retrogression: Dates Can Move Backward

Cutoff dates generally move forward over time as visa numbers become available, but they can also move backward - a situation known as retrogression - typically when demand in a category has caught up with or exceeded the annual or per-country limit. If a date retrogresses past your priority date after you have already filed, it generally does not undo a properly filed application, but it can delay final approval further. If it happens before you file, it can close a filing window you were counting on. This is one of the reasons to check the current bulletin close to the time you actually plan to file, rather than relying on an earlier month's chart.

What to Do

  1. Identify your category and priority date. Find your preference category (for example, family-sponsored F2A or F3, or employment-based EB-2 or EB-3) and your priority date on your I-130 or I-140 notice.
  2. Check the current Department of State Visa Bulletin at travel.state.gov for both charts for the current month.
  3. Check the current USCIS filing-chart page at the USCIS Adjustment of Status Filing Charts page to see which chart USCIS has designated for adjustment of status filers in your category this month.
  4. Confirm you meet the chart USCIS has designated before submitting Form I-485 - filing under the wrong chart, or before your date is current under the designated chart, can result in rejection or a request for evidence.
  5. If you are consular processing abroad, follow the specific instructions in the correspondence you receive from the National Visa Center rather than assuming the USCIS adjustment-of-status designation applies to you.
  6. Re-check every month if your priority date is not yet current, since the designated chart and the cutoff dates themselves can both change.
  7. Talk to a qualified immigration attorney or a Department of Justice-accredited representative before filing if your situation involves multiple petitions, a change in category, derivative family members aging out, or any uncertainty about which date applies to you - filing at the wrong time can lead to delay, rejection, or more serious consequences depending on your immigration history.

A Note on Timing and Deadlines

There is no fixed nationwide deadline tied to the Visa Bulletin the way there is for, say, a one-year asylum filing window or an I-751 petition to remove conditions on residence. But practical deadlines can still arise in individual cases - for example, a filing period that USCIS opens for only part of a month, or a derivative child who is approaching age 21 and could "age out" of eligibility depending on when a petition becomes current. If your case involves a dependent child nearing 21, or any petition with unusual history (multiple priority dates, a transferred underlying petition, or a pending appeal), get individualized advice promptly rather than waiting for the next bulletin.

Where to Check the Live Information

Beware of notario fraud. In many countries "notario publico" refers to a licensed attorney, but in the United States a notary public is not authorized to practice immigration law. Only a licensed attorney or a representative accredited by the Department of Justice may charge you for legal advice about your immigration case, including advice about when you are eligible to file based on the Visa Bulletin. Verify credentials before paying anyone for immigration help, and report suspected fraud to your state attorney general or the Federal Trade Commission.

This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Immigration timing rules are detailed and case-specific - consult a qualified immigration attorney or a DOJ-accredited representative about your own situation.

Frequently asked questions

Which chart do I actually use to file my adjustment of status application?

It depends on which chart USCIS designates for your family-sponsored or employment-based preference category that month. USCIS posts this decision on its own "When to File" page, which sits alongside (but is separate from) the Department of State's Visa Bulletin. You cannot assume the same chart applies every month or that it is the same for family and employment categories.

If I filed using the Dates for Filing chart, is my green card guaranteed?

No. Filing early only lets you submit Form I-485 and get into USCIS's processing queue sooner (and, in many cases, request a related work or travel document while you wait). Your case cannot be approved until your priority date is also current under the Final Action Dates chart, which can take additional time.

What is a priority date, and where do I find mine?

It is generally the date your qualifying petition (such as Form I-130 or Form I-140) was properly filed, and it is printed on the receipt notice or approval notice for that petition. You compare that date to the cutoff dates in the current Visa Bulletin chart for your category and country of chargeability.

Can my priority date become current and then stop being current?

Yes. Cutoff dates can move backward from one month to the next, a situation often called retrogression, usually because demand in a category has caught up with the annual limit. If that happens, you may need to wait again until the date moves forward past your priority date.

Does this two-chart system apply to people applying at a U.S. embassy or consulate abroad instead of through USCIS?

The Department of State's National Visa Center tells consular-processing applicants when to submit civil documents and fees, and that guidance may follow a similar logic, but the specific chart used for consular scheduling can differ from the one USCIS designates for adjustment of status. Check the instructions in your own NVC case correspondence rather than assuming it matches the USCIS filing chart.

This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.

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