Cross-Chargeability Calculator
If you were born in a country with a long EB green card backlog (like India or China), your spouse's country of birth could be the key to a much shorter wait. Cross-chargeability lets you “charge” your case to your spouse's country if it has a more favorable priority date queue. Enter your details below to see if this strategy applies to you and how much time it could save.
How This Tool Works
Select your country of birth, marital status, your spouse's country of birth, and your EB category. The tool compares the estimated priority date backlog for both countries and determines whether cross-chargeability would benefit you. If your spouse's country has a shorter backlog, the tool shows how many years of wait time you could potentially save by filing under their chargeability instead of your own.
What the Data Covers
Backlog estimates are based on historical trends from the Department of State (DOS) Visa Bulletin for EB-1, EB-2, and EB-3 categories across five chargeability areas: India, China, Philippines, Mexico, and All Others. These are conservative planning estimates, not exact predictions. Actual wait times vary based on annual visa allocation, demand fluctuations, and legislative changes. The tool covers employment-based categories only.
Tips for Using This Tool
Frequently Asked Questions
Data Source & Methodology
Backlog estimates are derived from the DOS Visa Bulletin, which publishes monthly cutoff dates for each EB category and chargeability area. The estimates represent conservative approximations of how long a new applicant would wait if they filed today, based on historical priority date movement over the past several years. Actual wait times can shift due to annual visa number allocation, retrogression, and potential legislative reform. Cross-chargeability rules are defined in the Immigration and Nationality Act (INA) and interpreted by USCIS policy guidance.
Cross-chargeability has specific legal requirements that go beyond this calculator. Your spouse must be included as a derivative beneficiary, and the request must be made at the time of filing. Some edge cases (e.g., children born in a different country, prior marriages) may affect eligibility. Always confirm your specific situation with a licensed US immigration attorney before relying on cross-chargeability as a filing strategy.