Certain family-based and employment-based cases fall under preference immigration. Preference immigration is a system for determining which and when people can immigrate to the United States within the limits of immigration set by Congress.  In family immigration preference is based on the status of the petitioner (American citizen or lawful permanent resident) and his/her relationship to the applicant.  In employment immigration it is based on the qualifications of the applicant and labor needs in the United States.

The following family-based immigrant categories fall under preference immigration:

unmarried child (over 21 y.o.) of a U.S. citizen;

spouse of and unmarried child (under 21 y.o.)  of a of legal permanent resident;

unmarried son/daughter of a legal permanent resident;

married son/daughter of a U.S. citizen;

brother/sister of a a U.S. citizen

The following definitions help to understand the mechanism of processing preference cases.

Priority Date: The priority date decides a person's turn to apply for an immigrant visa. In family immigration the priority date is the date when the petition was filed at a Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services office or submitted to an Embassy or Consulate abroad.  In employment immigration the priority date may be the date the labor certification application was received by the Department of Labor (DOL).

Current/non-current: There are numerical limits on the number of immigrant visas that can be granted to aliens from any one foreign country.  The limit is based on place of birth, not citizenship.  Because of the numerical limits, this means there is a waiting time before the immigrant visa can be granted.  The terms current/non-current refer to the priority date of a petition in preference immigrant visa cases in relationship to the immigrant cut-off date.  If your priority date is before than the cut-off date according to the monthly Visa Bulletin, your case is current.  This means your immigrant visa case can now be processed.  However, if your priority date is later/comes after the cut-off date, you will need to wait longer, until your priority date is reached (becomes current).  To find out whether a preference case is current, see the Visa Bulletin or telephone (202) 663 1541.

Immediate relative immigrant visa cases do not have country numerical limits, with waiting times as a result of the country limits.  The terms priority date, cut-off date and current/non-current does not apply for immediate relative cases.

Cut-off Date: The date that determines whether a preference immigrant visa applicant can be scheduled for an immigrant visa interview in any given month.  The cut-off date is the priority date of the first applicant who could not get a visa interview for a given month.  Applicants with a priority date earlier than the cut-off date can be scheduled.  However, if your priority date is on or later than the cut-off date, you will need to wait longer, until your priority date is reached (becomes current).  To find out whether a preference case is current, see the Visa Bulletin or telephone (202) 663-1541.