General question about priority dates...

[Mrs. Theresa 0]

Looking at the visa bulletin, aside from the "oversubscribed" countries, the majority of countries have the same priority dates. To my understanding, the visa priority dates are a reflection of the backlog of visa applications carried over from the past year(s). If this is the case, what is the difference/relation between a country being "oversubscribed" and having a "backlog?"

I'm trying to understand how (mostly)all of the countries have the same priority dates to follow.

I believe that there is an annual cap for the total number of immigrants allowed into the U.S., but also a cap per country. Hypothetically speaking, there may very well be a country whose requests for visas is significantly low, thus leaving no backlog. Would they also be subject to the lengthy visa waits also?

As I type, I'm starting to think that maybe the priority dates/visa bulletins are able to remain the same for the majority of countries because any unused visas(for a country's use) in one category are used in another.

Could any of you clarify these things for me? Thanks;-)

[Visa Grant 78]

Looking at the visa bulletin, aside from the "oversubscribed" countries, the majority of countries have the same priority dates. To my understanding, the visa priority dates are a reflection of the backlog of visa applications carried over from the past year(s). If this is the case, what is the difference/relation between a country being "oversubscribed" and having a "backlog?"

I don't see much of a difference between Oversubscribed and backlog..

I'm trying to understand how (mostly)all of the countries have the same priority dates to follow.

I believe that there is an annual cap for the total number of immigrants allowed into the U.S., but also a cap per country. Hypothetically speaking, there may very well be a country whose requests for visas is significantly low, thus leaving no backlog. Would they also be subject to the lengthy visa waits also?

No

As I type, I'm starting to think that maybe the priority dates/visa bulletins are able to remain the same for the majority of countries because any unused visas(for a country's use) in one category are used in another.

I see that in Employment based visas but not sure about Family Based Immigration..

Could any of you clarify these things for me? Thanks;-)

Good Questions..

[^_^ 5,021]

Looking at the visa bulletin, aside from the "oversubscribed" countries, the majority of countries have the same priority dates. To my understanding, the visa priority dates are a reflection of the backlog of visa applications carried over from the past year(s). If this is the case, what is the difference/relation between a country being "oversubscribed" and having a "backlog?"

I'm trying to understand how (mostly)all of the countries have the same priority dates to follow.

I believe that there is an annual cap for the total number of immigrants allowed into the U.S., but also a cap per country. Hypothetically speaking, there may very well be a country whose requests for visas is significantly low, thus leaving no backlog. Would they also be subject to the lengthy visa waits also?

As I type, I'm starting to think that maybe the priority dates/visa bulletins are able to remain the same for the majority of countries because any unused visas(for a country's use) in one category are used in another.

Could any of you clarify these things for me? Thanks;-)

Some visa types have caps, others do not. For example there is no cap on immediate family. Those can not be 'oversubscribed'.

[Mrs. Theresa 0]

Some visa types have caps, others do not. For example there is no cap on immediate family. Those can not be 'oversubscribed'.

Yes, very true. Specifically, the preference categories.

[Mrs. Theresa 0]

Good Questions..

Hahah...thx! I haven't gotten the usual quick responses on this one. I hope that this question makes sense!

[JimVaPhuong 4,863]

Looking at the visa bulletin, aside from the "oversubscribed" countries, the majority of countries have the same priority dates. To my understanding, the visa priority dates are a reflection of the backlog of visa applications carried over from the past year(s). If this is the case, what is the difference/relation between a country being "oversubscribed" and having a "backlog?"

I'm trying to understand how (mostly)all of the countries have the same priority dates to follow.

I believe that there is an annual cap for the total number of immigrants allowed into the U.S., but also a cap per country. Hypothetically speaking, there may very well be a country whose requests for visas is significantly low, thus leaving no backlog. Would they also be subject to the lengthy visa waits also?

As I type, I'm starting to think that maybe the priority dates/visa bulletins are able to remain the same for the majority of countries because any unused visas(for a country's use) in one category are used in another.

Could any of you clarify these things for me? Thanks;-)

There are two restricting factors. First, there is an annual cap on the total amount of visas that can be issued each year in each family preference category. Second, there is a statutory limit - no single country can receive more than 7% of the total number of visas in each category per year.

Because of the annual cap, people from every country in the world are competing for those visas. It doesn't matter if you are the only person in your country waiting for a particular class of visa - you are still effectively waiting in line with everyone else in the world. You secure your place in that big international line when your petition is accepted, and your priority date is established.

Each month, when X number of visas become available in a particular category then the next X number of people in the line are allowed to apply for a visa. If that group contains more than 7% of people from the same country then some of those people are going to be held back, which means the line in that particular country is going to move slower. You never get to skip ahead of someone else in the line just because there are fewer people in your country standing in that line. You may, however, get held back if there are too many people in your country standing in that line.

[Mrs. Theresa 0]

There are two restricting factors. First, there is an annual cap on the total amount of visas that can be issued each year in each family preference category. Second, there is a statutory limit - no single country can receive more than 7% of the total number of visas in each category per year.

Because of the annual cap, people from every country in the world are competing for those visas. It doesn't matter if you are the only person in your country waiting for a particular class of visa - you are still effectively waiting in line with everyone else in the world. You secure your place in that big international line when your petition is accepted, and your priority date is established.

Each month, when X number of visas become available in a particular category then the next X number of people in the line are allowed to apply for a visa. If that group contains more than 7% of people from the same country then some of those people are going to be held back, which means the line in that particular country is going to move slower. You never get to skip ahead of someone else in the line just because there are fewer people in your country standing in that line. You may, however, get held back if there are too many people in your country standing in that line.

Thanks for responding! However, I -kinda- understand. With your response, what is the "variable" here? There are two separate things going-the petition and then the visa wait. My understanding is that the petition is filed and you get a priority date. The priority date on the visa bulletin/wait is followed by EVERYONE. With that being said, where witll the effects of "too many people in your country...line will move slower" be experienced?

[JimVaPhuong 4,863]

Thanks for responding! However, I -kinda- understand. With your response, what is the "variable" here? There are two separate things going-the petition and then the visa wait. My understanding is that the petition is filed and you get a priority date. The priority date on the visa bulletin/wait is followed by EVERYONE. With that being said, where witll the effects of "too many people in your country...line will move slower" be experienced?

The "variable" is how many people are standing in line in front of you, and how many of those people will come forward and submit a visa application when their turn comes up.

Your priority date is the date your petition was accepted by USCIS. The "cutoff date" on the visa bulletin is determined by figuring out how many visa numbers they have available to release, and then start counting the people who are standing at the front of the line. When they get to the first guy who is NOT going to get a visa number then they look at his priority date - that is the new cutoff date.

When they're counting those people who are going to be eligible for a visa number they are also keeping a tally of the people from each country who are getting a visa number. When a country reaches 7% of the total then anyone else from that country gets pushed back in line. The priority date of the guy from that country who is standing closest to the front of the line is the cutoff date for that country.

I'm not sure what you mean by "where will the effects be experienced". You can look at the visa bulletin and see what the effects are - you have to wait longer before you can apply for a visa.

[Mrs. Theresa 0]

The "variable" is how many people are standing in line in front of you, and how many of those people will come forward and submit a visa application when their turn comes up.

Your priority date is the date your petition was accepted by USCIS. The "cutoff date" on the visa bulletin is determined by figuring out how many visa numbers they have available to release, and then start counting the people who are standing at the front of the line. When they get to the first guy who is NOT going to get a visa number then they look at his priority date - that is the new cutoff date.

When they're counting those people who are going to be eligible for a visa number they are also keeping a tally of the people from each country who are getting a visa number. When a country reaches 7% of the total then anyone else from that country gets pushed back in line. The priority date of the guy from that country who is standing closest to the front of the line is the cutoff date for that country.

I'm not sure what you mean by "where will the effects be experienced". You can look at the visa bulletin and see what the effects are - you have to wait longer before you can apply for a visa.

Yow! Okay, I get it!...I guess that I'm just looking forward to a "crack" in the system....as well as many others may be also. Thanks for the explanation. Everything makes sense. These statements summed it all up for me: "When they get to the first guy who is NOT going to get a visa number then they look at his priority date - that is the new cutoff date" & "The priority date of the guy from that country who is standing closest to the front of the line is the cutoff date for that country."

[Visa Grant 78]

Yow! Okay, I get it!...I guess that I'm just looking forward to a "crack" in the system....as well as many others may be also. Thanks for the explanation. Everything makes sense. These statements summed it all up for me: "When they get to the first guy who is NOT going to get a visa number then they look at his priority date - that is the new cutoff date" & "The priority date of the guy from that country who is standing closest to the front of the line is the cutoff date for that country."

Finally u "Cracked" the concept..

[Mrs. Theresa 0]

Well, I've got a long way to go! ;-)Thanks.

[Visa Grant 78]

Well, I've got a long way to go! ;-)Thanks.

Good Luck..

Edited March 10, 2011 by visagrant