Overview of Immigrant Visa Allocation Process
Posted Oct 09, 2009
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The movement of dates in the U.S. Department of State (DOS) Visa Bulletin generates many questions from readers of MurthyDotCom and the MurthyBulletin. The DOS recently provided an explanation of the visa allocation process for immigrant visas that may prove to help in visualizing this otherwise conceptually difficult aspect of immigration law. A summary is provided here for our readers.
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Visa Number Availability Based on Country of Nationality and Priority Date
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In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. [Those who are not familiar with these issues covering visa numbers should review our past articles, available by searching MurthyDotCom.] Thus, once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization.
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I-485 Application may be Approved Only When Priority Date is Current
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If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).
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I-485 Considered Pending When No Immigrant Visa Number is Available
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If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month. [The most recent Visa Bulletin chart is always available on MurthyDotCom.] As explained, the cutoff dates are based on estimates of the demand for the limited supply of immigrant visa numbers. This pending file also includes information regarding demand for immigrant visa numbers at the U.S. consulates abroad. These cases are subject to the same numerical restrictions set by under law.
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DOS Authorizations as Immigrant Visas Become Available
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Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.
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Conclusion
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This explanation sheds some light on the interaction between the USCIS and DOS with respect to the movement of immigrant visa numbers. This is a tangible process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. We at the Murthy Law Firm would like to thank the DOS for clarifying this relationship.