Earlier Processing
The chart permits the government to begin processing cases before a visa number is necessarily available for final approval.
The Department of State Visa Bulletin contains two different sets of cutoff dates for most family- and employment-based preference categories: Final Action Dates and Dates for Filing.
The two charts serve different purposes. A Dates for Filing chart may permit an adjustment applicant to submit Form I-485 earlier, but the Final Action Dates chart determines when an immigrant visa number is available for final action on a numerically limited case.
Being eligible to file Form I-485 is not necessarily the same as being eligible to receive final adjustment approval.
Dates for Filing generally identify priority dates that may permit applicants to begin the immigrant visa or adjustment filing process when USCIS authorizes use of that chart. Final Action Dates identify when visa numbers are available for final action on qualifying cases.
For an adjustment applicant, it is therefore possible to file Form I-485 under a Dates for Filing chart and then wait months or years before the priority date becomes current under the Final Action Dates chart.
The applicant must always check the Visa Bulletin for the relevant month and, for adjustment filings with USCIS, also check which chart USCIS has designated for use.
| Issue | Dates for Filing | Final Action Dates |
|---|---|---|
| Main purpose | Identifies when applicants may be permitted to begin filing or document submission. | Identifies when a visa number is available for final action. |
| Form I-485 filing | May control if USCIS affirmatively allows adjustment applicants to use this chart for the month. | Controls filing when USCIS does not authorize use of Dates for Filing. |
| Final I-485 approval | Does not by itself establish final visa availability. | Generally must be current before USCIS can finally approve a numerically limited adjustment case. |
| Usually farther ahead? | Often, because it is designed to permit earlier processing activity. | Usually more restrictive because it reflects final visa-number availability. |
| Changes monthly? | Yes. | Yes. |
The chart permits the government to begin processing cases before a visa number is necessarily available for final approval.
Adjustment applicants cannot simply choose the more favorable Dates for Filing chart. USCIS determines whether that chart may be used for a particular month.
The applicant's priority date generally must be earlier than the applicable Dates for Filing cutoff unless the category is listed as current.
The Final Action Dates chart reflects the priority-date cutoff for final issuance or allocation of immigrant visa numbers in oversubscribed categories.
A numerically limited adjustment case generally cannot be finally approved unless the priority date is current for final action.
Final Action Dates may advance, remain unchanged, or retrogress as the government manages annual visa-number limits and demand.
When USCIS authorizes the Dates for Filing chart, the two milestones can be separated by a substantial period.
An applicant who files Form I-485 under an authorized Dates for Filing chart may obtain many of the procedural benefits associated with a pending adjustment case even though the immigrant visa category is not yet current for final action.
The application can remain pending until the Final Action Date reaches the applicant's priority date and all other adjustment requirements are satisfied.
| Item | Example | Effect |
|---|---|---|
| Applicant's priority date | January 15, 2023 | This is the applicant's place in the visa queue. |
| Dates for Filing cutoff | March 1, 2023 | The applicant's January 15 date is earlier. |
| Final Action cutoff | October 1, 2022 | The applicant's priority date is not yet current for final action. |
| If USCIS authorizes Dates for Filing | Form I-485 may potentially be filed. | The case can begin adjustment processing. |
| Can USCIS approve immediately? | No, assuming the category remains subject to the October 1, 2022 Final Action cutoff. | The case waits for final visa availability. |
Example dates are hypothetical. Visa Bulletin dates and USCIS chart selections change monthly.
A category marked “C” is current for the relevant chart. There is no priority-date cutoff restricting qualifying applicants in that category during that month.
A category marked “U” is unavailable for the relevant chart. Visa numbers are not authorized for the category during that period.
If the chart lists March 1, 2024 and the applicant's priority date is February 15, 2024, the applicant is within the cutoff for that chart.
If both dates are March 1, 2024, the priority date generally is not yet within the cutoff because it must be earlier than the listed date.
If the applicant's priority date is April 1, 2024, the applicant is not within a March 1, 2024 cutoff.
Many family and employment preference classifications are subject to annual numerical limits established by the INA.
Visa demand changes as petitions are approved, applicants file cases, cases are completed, and unused numbers become available.
Allowing applicants to file before final availability can give USCIS a larger inventory of cases ready for adjudication if visa numbers become available.
If properly filed under the chart USCIS authorized for that month, the adjustment application can remain pending even if final visa availability is not yet reached.
Biometrics, security checks, evidence requests, medical issues, interviews, and other adjudicative steps may occur while the case awaits a visa number.
If the priority date is not current under Final Action Dates, final approval generally must wait until a visa number becomes available.
If Form I-485 was properly filed while the applicable filing chart permitted it, later retrogression generally does not mean the application must be refiled.
USCIS generally cannot finally approve the case while the priority date is no longer current for final action.
Retrogression is one reason an applicant may have a pending adjustment application for a significant period even after USCIS has completed much of the substantive adjudication.
The Visa Bulletin publishes Final Action Dates and Dates for Filing for family-preference categories such as F1, F2A, F2B, F3, and F4.
The Visa Bulletin separately publishes the two charts for employment categories including EB-1, EB-2, EB-3, certain EB-4 categories, and EB-5 classifications.
USCIS may make different monthly chart selections for family-sponsored and employment-based adjustment applicants. Always check the applicable group separately.
Adjustment applicants cannot independently select Dates for Filing simply because it is farther ahead.
A properly filed I-485 may remain pending until the Final Action Date becomes current.
For adjustment filings, the applicant must also determine which chart USCIS has designated for the month.
The correct preference category must be matched with the proper chargeability column.
Filing eligibility is determined under the rules applicable when the adjustment application is filed.
A case that was current when filed may later become unavailable for final approval.
Publishes Final Action Dates and Dates for Filing for family and employment preference categories.
USCISUSCIS announces which Visa Bulletin chart adjustment applicants may use for filing.
USCIS GuidanceUSCIS explanation of priority dates and immigrant visa availability.
Review the complete visa-availability framework for Form I-485.
Priority DateDetermine the applicant's correct place in the immigrant visa queue.
EmploymentReview employment-based adjustment requirements.
FamilyReview family-based adjustment eligibility and preference categories.
It is a Visa Bulletin chart that identifies priority-date cutoffs for beginning the filing or document-submission process. Adjustment applicants may use it only when USCIS authorizes its use for the relevant month.
It identifies the priority-date cutoffs for final visa-number availability in numerically limited immigrant categories.
No. For adjustment of status, USCIS determines which Visa Bulletin chart may be used to file Form I-485 during a particular month.
Not necessarily. Final approval generally requires visa availability under the Final Action Dates chart.
“C” means current. There is no priority-date cutoff for qualifying applicants in that category and chart during the relevant month.
Yes. A cutoff date may move backward after filing. The properly filed I-485 generally remains pending, but final approval can be delayed until visa availability returns.
The Messersmith Law Firm, P.A. reviews priority dates, chargeability, Dates for Filing, Final Action Dates, USCIS monthly chart selection, and visa availability for Form I-485.