Guide · Chargeability

Chargeability: which country line you're in

The Visa Bulletin has separate columns for China, India, Mexico, the Philippines, and everyone else. Chargeability decides which column is yours. It usually follows where you were born.

The general rule: place of birth

The State Department charges most immigrant visa applicants to their place of birth, not their citizenship or where they live now (9 FAM 503.2-2). If your birth country has its own column, read that column. If not, read "All Chargeability Areas Except Those Listed."

Why some countries have their own column

The law limits how many preference visas any one country can use in a year, generally 7% of the combined family and employment totals (INA 202(a)(2)). When demand from one country goes past that share, the bulletin gives it a separate, often later, cutoff. That is why EB-2 India and EB-2 for all other countries can be years apart.

The exceptions

Read your column

Questions people ask

Is chargeability based on citizenship?

Generally no. The State Department rule is place of birth. A person born in India who is a Canadian citizen is generally charged to India.

Can my spouse use my country?

Sometimes. A spouse or child may be charged to the principal applicant’s country when a visa would not be available under their own country of birth and they are accompanying or following to join.

What if I was born where neither parent lived?

The State Department lists an exception for applicants born in a country where neither parent was born or lived at the time of birth. They may be charged to a parent’s country instead. Your attorney or consular officer applies the rule.

Sources: 9 FAM 503.2, Chargeability (U.S. Department of State). Not legal advice. Your attorney or the consular officer applies these rules to your case.