USCIS Processing Times vs. Visa Wait Times

Introduction:

One question we often hear is: What is the difference between USCIS processing times and visa wait times? These are two key elements in the immigration process that are often confused, and understanding them will help you set realistic expectations regarding how long it will take to get your visa.

What are USCIS processing times?

In short, USCIS processing times are the duration it takes USCIS to review and make decisions about individual cases. This timeframe can vary based on the type of application, the service center handling the case, and other factors.

In order to check USCIS processing times, applicants can visit the USCIS website and input their specific case details.

For example, if you’d like to know how long it will take USCIS to process a K-1 visa application, select I-129F in the Form dropdown menu and select K1/K2/K3/K4 in the Form Category dropdown. If you know your specific service center, select it from the Field Office or Service Center dropdown. If not, select any of them, and you can then compare wait times across different service centers.

The timeframe given is not a guarantee; it is merely an estimate of how long it has taken USCIS to process 80% of the cases over the last six months. Your case may take longer or shorter than the estimated processing time. It’s also subject to change, so it’s essential to regularly monitor updates.

What are visa wait times?

Visa wait times depend on visa availability, as outlined in the monthly Visa Bulletin published by the U.S. Department of State. This bulletin provides information on the availability of both employment-based and family-based immigrant visas, as well as regional and country-specific quotas.

Note that immediate family members of U.S. citizens (spouses, parents, and unmarried children under 21) do not need to worry about the Visa Bulletin. They only will have to consider their processing time.

Applicants must pay close attention to their priority date (the date USCIS received their initial petition), as it dictates when they can move forward with the immigration process. If the Visa Bulletin indicates that the priority date is current, it means that visas are available, and applicants can proceed to the next step in their journey.

The Visa Bulletin is divided into two main tables - Final Action Dates and Dates for Filing. Every month, USCIS dictates which table to use for which visa category, depending on visa availability, here. Look under “Current Month’s Adjustment of Status Filing Charts” and it will tell you which chart is applicable for both family-sponsored filings and employment-based preference filings every month.

You may only file for adjustment of status once your priority date is current according to the Visa Bulletin. Citizens of China, India, Mexico, and the Philippines may have their own specific priority date cut-offs.

For example, as of the writing of this blog post, the spouse of a U.S. permanent resident has to have a priority date earlier than February 8, 2020 for all countries except Mexico, which must have a priority date earlier than February 1, 2020, in order to apply for a green card.

For employment-based visa applications, the 1st category is “C” or current for all countries except China and India, which are processing priority dates of January 1, 2023 and January 1, 2021, respectively. This means that workers except those from China or India with an approved I-140 under an EB-1 category (extraordinary ability, outstanding researcher/professor, and multinational managers/executives) may immediately submit a green card petition.

Workers in the 2nd category, such as those with an approved I-140 in the EB-2 National Interest Waiver (NIW) category, must wait until the priority date listed in the row labeled “2nd.”

You may self-petition for the EB-1A or an EB-2 National Interest Waiver category on the I-140. An employer must petition for you under the EB-1B (outstanding professors/researchers) and EB-1C (multinational managers/executives) categories.

One benefit of self-petitioning for an EB-2 National Interest Waiver is that each applicant only gets one priority date ever - so if you have an approved EB-2 NIW application and later apply for an EB-1 category, your first priority date will still be your priority date, and you will be ahead in the line.

For more information about how to self-petition for an EB-2 National Interest Waiver, read this blog post.

If you have more questions about the Visa Bulletin and how long it might take to immigrate, contact Katie DeGrio Channing today using the form below to schedule a 30-minute consultation.

This blog post is available for informational purposes only and is not considered legal advice on any subject matter. By viewing this blog post, the reader understands there is no attorney-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.