3 things our immigration attorneys want you to know about the Visa Bulletin

This Visa Bulletin is essential for anyone pursuing a Green Card. It’s simultaneously one of the most important and most misunderstood parts of the immigration process.

It can be confusing! That’s why this week we’re sharing a few insights, straight from our Manifest Law attorneys, about the Visa Bulletin.

You don’t always need an approved petition to file.

One of the biggest misunderstandings about the Visa Bulletin is how to use it, says Manifest Law Immigration Attorney Ana Gabriela Urizar.

“Most people think they need an approved I-140 or an approved I-130 to file for an adjustment of status, but it depends on your situation. There are pros and cons you have to consider,” she said.

If your current status is about to expire — an OPT or H-1B, for example — it could be worth filing your applications concurrently. That means submitting your petition and your adjustment of status at the same time, rather than waiting for the petition to be approved first.

On the other hand, if you have an underlying status to rely on while your application is processed, you might want to wait. Filing fees for adjustment of status are thousands of dollars, and they’re non-refundable, so timing matters.

“I get very excited when the Visa Bulletin comes out because I understand the implications for my clients to be able to stay in the U.S.,” Urizar said. And the timing has been paying off. This year, she’s seen clients receive their Green Cards as quickly as three months after an approved I-140 or I-130, which is remarkably fast compared to years past.

Your priority date can follow you if you upgrade.

Here’s something a lot of applicants don’t realize: your priority date from a current application carries over if you upgrade to a higher preference category, says Principal Manifest Law attorney Nicole Gunara.

For example, if you have an EB-2 priority date that isn’t current, but it would be current under EB-1 and you qualify, it may be worth upgrading your application. You can bring that existing priority date with you and even file concurrently, submitting your new I-140 and adjustment of status together. That could save you years of waiting.

The charts (and the fine print) are there for a reason.

Ever wonder why certain countries — China, India, Mexico, and the Philippines — are broken out separately on the Visa Bulletin charts? It’s because there’s a high volume of applicants from those countries, which means longer wait times due to per-country limits.

And while the charts get most of the attention, don’t skip the notes at the bottom of the bulletin. That’s where the government shares additional context, like warnings about potential retrogression or changes to how visa numbers are being allocated. Those notes can give you a heads-up about what’s coming next.