Immigration Process

Final Action Date

3 min read

Definition

The visa bulletin date indicating when a visa number becomes available for issuance.

In This Article

What Is Final Action Date

The Final Action Date (FAD) is the date published monthly in the State Department's Visa Bulletin that indicates when USCIS can adjudicate your visa petition and issue a visa number. It's the authorization point that allows you to move forward with either adjustment of status or consular processing, depending on your filing category.

How FAD Works Across Visa Categories

The Final Action Date operates differently depending on your employment-based or family-based visa category. For EB-3 (skilled workers), EB-2 (professionals with advanced degrees), and most family-based green card categories, the FAD moves monthly as visa numbers become available through visa retrogression and forward movement. The Visa Bulletin publishes two dates each month: the application Final Action Date and the adjustment Final Action Date. The adjustment FAD specifically controls when you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) without waiting for a visa number to physically exist.

For immediate relatives of U.S. citizens, there is no waiting period because visa numbers are unlimited. However, for categories like EB-1C (managers and executives) or family-sponsored categories like F2A, your petition priority date must be current as of the FAD before you can proceed.

Priority Date Versus Final Action Date

Your priority date is when USCIS received your initial labor certification or immigrant petition. Your Final Action Date is when that same visa classification category becomes current in the Visa Bulletin. These are separate benchmarks. If your priority date is October 2020 and the Visa Bulletin's FAD for your category is December 2020, you can move forward. If the FAD is still at May 2020, you wait. The FAD must reach or pass your priority date.

Using FAD for Adjustment of Status or Consular Processing

When the adjustment FAD becomes current, you file Form I-485 with USCIS. This is typically faster because you remain in the U.S. and don't need visa interview scheduling. When using consular processing, you file Form DS-260 at a U.S. embassy or consulate abroad once the application FAD is current. The distinction matters because adjustment of status applicants can often work and travel immediately with employment authorization documents (EAD) and advance parole, while consular processing applicants must wait for visa issuance.

Monitoring FAD Movement

The State Department updates the Visa Bulletin on the 15th of each month. For categories in heavy demand (like EB-3), the FAD may move forward by just one or two months annually. For others, it can jump weeks at a time or regress backward if visa numbers run out. You must check the Visa Bulletin consistently using the category code for your petition (such as EB3, F2B, or IR2) to know your exact status.

Common Questions

  • Can I file adjustment of status before my priority date is current if the adjustment FAD is current? Yes. If the adjustment FAD in the Visa Bulletin reaches your priority date, you file Form I-485 immediately. You do not need to wait for a visa number to be physically allocated to you at that moment.
  • What happens if the Final Action Date regresses backward? Retrogression occurs when visa numbers run out. If your priority date is now behind the newly announced FAD, you must wait again. This is common in EB categories. You cannot file or proceed until the FAD catches up to your date again.
  • How often should I check the Visa Bulletin for my Final Action Date? Check it on the 15th of every month. Set calendar reminders and review the specific visa category chart that applies to you, not the summary chart.

Disclaimer: PetitionKit is a document preparation service, not a law firm. We do not provide legal advice or immigration strategy recommendations. Results may vary. Consult a qualified immigration attorney for complex cases.

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