INA245.com

Visa Availability

Home › Adjustment of Status › Visa Availability
Priority Dates • Visa Bulletin • Form I-485

Visa Availability for Adjustment of Status

Many adjustment applicants cannot file or receive approval merely because an immigrant petition has been approved. In numerically limited family- and employment-based categories, the applicant's priority date, preference classification, country of chargeability, and the Department of State Visa Bulletin determine when an immigrant visa is available.

What does “visa available” mean?

In a preference category, visa availability generally means that the applicant's priority date is earlier than the applicable cutoff date for the applicant's preference category and chargeability area, or that the category is listed as current. USCIS separately determines which Visa Bulletin chart may be used to file Form I-485, while final approval generally requires a visa number to be available for final action.

The Visa-Number Analysis

Four concepts control most preference cases

01

Priority Date

The priority date generally establishes the applicant's place in line for an immigrant visa within a numerically limited preference category.

02

Preference Category

Visa numbers are allocated among family-sponsored and employment-based classifications, each with separate statutory limits.

03

Chargeability

Visa availability generally depends on the applicant's country of chargeability, usually the country of birth, subject to statutory cross-chargeability rules.

04

Monthly Cutoff

The Department of State publishes monthly Final Action Dates and Dates for Filing in the Visa Bulletin.

Two Different Charts

Final Action Dates and Dates for Filing serve different purposes.

Confusing the two charts is one of the most common mistakes in adjustment-of-status visa-availability analysis.

Chart A

Final Action Dates

The Final Action Dates chart controls whether a visa number is available for final issuance or approval in a preference category.

A pending Form I-485 generally cannot be finally approved in a numerically limited category unless the applicant's priority date is current under the applicable final-action rules.

Chart B

Dates for Filing

The Dates for Filing chart identifies an earlier point at which visa applicants may be permitted to begin the application process.

For adjustment cases, USCIS determines whether applicants may use this chart for a particular month or must instead use the Final Action Dates chart.

What is a priority date?

A priority date generally establishes an applicant's chronological place in the immigrant visa queue. The method of establishing the priority date depends on the immigrant classification.

Immigrant CategoryTypical Priority-Date Source
Family-sponsored preferenceGenerally the date USCIS properly receives the qualifying Form I-130.
Employment case requiring labor certificationGenerally the date the Department of Labor accepts the labor certification application for processing.
Employment case not requiring labor certificationGenerally the date USCIS properly receives the qualifying immigrant petition.
Immediate relativeNo preference-category waiting line because immediate-relative visas are not subject to the annual numerical preference limits.
The priority date is not necessarily the I-485 filing date. A priority date may have been established months or years before the applicant becomes eligible to file adjustment.

Family and employment preference categories

The Immigration and Nationality Act divides numerically limited immigrant visas into preference categories. A cutoff date in one category does not apply to another.

Family-sponsored preferences

  • F1 — unmarried sons and daughters of U.S. citizens;
  • F2A — spouses and unmarried children under 21 of lawful permanent residents;
  • F2B — unmarried sons and daughters age 21 or older of lawful permanent residents;
  • F3 — married sons and daughters of U.S. citizens; and
  • F4 — brothers and sisters of adult U.S. citizens.

Employment-based preferences

  • EB-1 — priority workers;
  • EB-2 — advanced-degree professionals and persons of exceptional ability, including qualifying NIW cases;
  • EB-3 — skilled workers, professionals, and other workers;
  • EB-4 — qualifying special immigrants; and
  • EB-5 — qualifying immigrant investors.

Some categories also contain statutory set-asides or subcategories that can have separate cutoff dates.

Country of chargeability

Visa availability is not determined by citizenship alone. For immigrant-visa allocation, a person's chargeability generally follows the country of birth, subject to statutory exceptions.

The Visa Bulletin ordinarily contains a column covering most countries and separate columns for countries or areas that are oversubscribed in particular categories.

Practical Rule

To determine visa availability, match the applicant's priority date to both the correct preference category and the correct chargeability column.

Cross-chargeability

The INA contains cross-chargeability provisions that can allow an applicant to use the chargeability of a spouse or, in certain circumstances, a parent rather than the applicant's own country of birth.

This can be extremely important where one spouse was born in a heavily oversubscribed country and the other spouse was born in a country with a more favorable visa cutoff date.

Cross-chargeability is not a transfer of priority date. It changes the country against which the visa number is charged; it does not ordinarily change the applicant's underlying priority date.

How to read the Visa Bulletin

The Department of State publishes a new Visa Bulletin each month. The Bulletin contains separate family-sponsored and employment-based charts showing visa availability by preference classification and chargeability.

Each relevant cell generally contains one of three types of entries:

EntryMeaning
CCurrent. Qualifying applicants in that category are not subject to a cutoff priority date for that month.
A dateOnly applicants whose priority dates are earlier than the listed cutoff date are within the applicable chart.
UUnavailable. No visa numbers are authorized for issuance in that category for the relevant period.
A priority date normally must be earlier than the published cutoff date. A priority date that is the same as the cutoff date is generally not yet current.

Which Visa Bulletin chart can an adjustment applicant use?

The Department of State publishes both Final Action Dates and Dates for Filing. For Form I-485 filing purposes, USCIS separately announces which chart applicants must use for the applicable month.

Step 1
Locate the correct month's Department of State Visa Bulletin.
Step 2
Determine the applicant's family or employment preference category and chargeability.
Step 3
Check USCIS's Adjustment of Status Filing Charts page to determine whether USCIS permits use of Dates for Filing or requires Final Action Dates for that month.
Step 4
Compare the priority date with the appropriate cutoff before filing.
Do not assume that the chart USCIS used last month remains the filing chart this month. The agency's monthly designation can change.

Visa availability for filing Form I-485

In a numerically limited category, an adjustment applicant generally may file only when the priority date falls within the chart USCIS has designated for filing during that month.

When USCIS permits use of the Dates for Filing chart, an applicant may sometimes file Form I-485 before the priority date becomes current under Final Action Dates.

This can allow the applicant to enter the adjustment process while still waiting for a visa number to become available for final approval.

Filing eligibility and approval eligibility are different. A properly filed I-485 may remain pending because the applicant's priority date is not yet current for final action.

Visa availability at final adjudication

USCIS must verify that an immigrant visa number is available before approving a numerically limited adjustment application.

An applicant who was permitted to file under the Dates for Filing chart may therefore have a properly pending I-485 while waiting for the Final Action Date to become current.

Approval Rule

A pending preference-based Form I-485 generally cannot be finally approved unless an immigrant visa number is available for the applicant at the time of final action.

Visa retrogression

Visa retrogression occurs when a cutoff date moves backward or a category that was current becomes subject to a cutoff. The Department of State may retrogress a category to keep visa use within statutory annual and per-country limits.

If Form I-485 was already properly filed

Retrogression ordinarily does not mean that the applicant must file a new I-485. USCIS can continue processing the pending application, but final approval may have to wait until a visa number again becomes available.

During the pending period, otherwise eligible adjustment applicants may continue to seek benefits associated with a pending I-485, subject to the rules governing those benefits.

Retrogression can last for an unpredictable period. Visa Bulletin movement depends on statutory limits, demand, usage, and Department of State allocation estimates.

See While Form I-485 Is Pending.

Concurrent filing

In classifications where concurrent filing is authorized, an applicant may file Form I-485 together with the underlying immigrant petition when the applicable visa-availability rules permit.

Common examples include:

  • Immediate-relative Form I-130 and Form I-485 filings;
  • Certain Form I-140 employment-based petitions and Form I-485;
  • Certain EB-5 petitions and Form I-485 under the statutory concurrent-filing rules; and
  • Other categories where the governing law permits adjustment before the underlying petition is finally approved.

Concurrent filing does not mean that USCIS may approve adjustment before the applicant satisfies the underlying immigrant classification.

Transfer of underlying basis and visa availability

A person with a pending Form I-485 may sometimes request that USCIS transfer the adjustment application from one underlying immigrant basis to another.

USCIS requires continued eligibility and an available immigrant visa under the new preference basis at the time of the transfer request where the new category is numerically limited.

A transfer request can arise when:

  • An employment-based applicant obtains approval in a different employment preference category;
  • A family-based applicant later qualifies through employment;
  • An employment-based applicant later becomes an immediate relative of a U.S. citizen;
  • A special immigrant applicant gains another immigrant basis; or
  • Another valid immigrant classification becomes strategically preferable.
Priority dates do not automatically move between unrelated petitions. Employment-based priority-date retention rules may permit use of an earlier priority date in qualifying EB-1, EB-2, or EB-3 cases, but the retention rules must be analyzed separately.

Visa availability for derivative applicants

A derivative spouse or child generally depends on the principal applicant's preference classification and visa availability. The derivative must also remain legally eligible for derivative classification.

Visa-number analysis can become more complicated when:

  • The derivative reaches age 21;
  • The derivative marries;
  • The principal changes adjustment basis;
  • The family uses cross-chargeability;
  • The principal adjusts before the derivative; or
  • The priority date retrogresses while the derivative's case remains pending.

Visa availability and the Child Status Protection Act

Visa availability can directly affect a child's protected age under the Child Status Protection Act. CSPA uses specialized rules to determine when a visa is considered available and whether the applicant timely sought to acquire lawful permanent residence.

USCIS revised its CSPA policy effective August 15, 2025. For adjustment applications filed on or after that date, USCIS generally determines visa availability for CSPA age-calculation purposes using the Final Action Dates chart.

CSPA is a separate statutory analysis. The fact that USCIS permits use of Dates for Filing to submit an I-485 does not necessarily mean that the same date controls the applicant's CSPA age calculation.

CSPA questions should be evaluated using the policy applicable to the date and procedural posture of the particular adjustment application.

Is visa availability affecting when your I-485 can be filed or approved?

The Messersmith Law Firm, P.A. handles adjustment matters involving priority dates, retrogression, cross-chargeability, concurrent filing, transfer of underlying basis, employment-based portability, and complex visa-availability questions.

Schedule a Consultation

Explore More Visa Availability Guides

Explore our detailed guides on related adjustment of status issues.