Glossary
What is country of chargeability?
Your country of chargeability decides which column of the Visa Bulletin you read. For most people it is the country where they were born.
Last checked October 2026 · Sources
- Set by
- INA 202(b)
- Usually
- Your country of birth
- Citizenship counts?
- Usually no
- Exceptions
- 4, in the statute
Quick answer
What is country of chargeability?
Country of chargeability is the country your green card is counted against. US law limits how many green cards go to people from any one country. Under INA 202(b), your country is usually set by where you were born, not your citizenship. It decides which column of the Visa Bulletin applies to you.
- Born in India but a citizen of Canada? You are usually charged to India.
- A spouse can sometimes use the other spouse’s country.
- A child can sometimes use a parent’s country.
- A partner-firm attorney confirms your column.
The rule and its exceptions
How your country of chargeability is set
The general rule is birth. INA 202(b) lists four exceptions.
| Situation | Country you can be charged to | Main conditions |
|---|---|---|
| General rule | Your country of birth | None |
| Spouses born in different countries (cross-chargeability) | Your spouse’s country | You are with or following to join your spouse; your spouse has or would qualify for an immigrant visa; that country’s limit is not reached; needed to keep you together |
| Child with a parent | Either parent’s country | The child is with or following to join the parent; the parent has or would qualify; that country’s limit is not reached; needed to keep the family together |
| Born in the United States | Your country of citizenship | If you have no citizenship, the last foreign country where you lived |
| Born where neither parent was born or lived | Either parent’s country | Neither parent was born in, or lived in, your birth country when you were born |
Source: INA 202(b), 8 U.S.C. 1152(b). Conditions are summarized in plain words. A partner-firm attorney confirms whether an exception applies to you.
Why it matters for you
Why your country of chargeability matters
-
It can change your wait
In the September 2026 bulletin, EB-1 was current for most countries but not for people charged to India or mainland China. See our Visa Bulletin page.
-
Your spouse’s birthplace may help
Your spouse may have been born in a country with a shorter line. If the conditions are met, cross-chargeability may let you use it.
-
A new passport does not change it
The rule looks at birth, not citizenship. So a new citizenship usually does not change it, unless an exception applies.
Where it comes from
The legal source
The rule is in INA 202(b), 8 U.S.C. 1152(b): the country an immigrant is chargeable to “shall be determined by birth within such foreign state,” with the listed exceptions. USCIS describes chargeability as “usually the country of birth.” (USCIS, Visa Availability and Priority Dates)
Go deeper
Related terms and guides
Country of chargeability, in depth
Why your place of birth sets your queue.
Read more GlossaryVisa Bulletin
The monthly chart with a column for your country.
Read more GlossaryFinal action date
The cut-off date in your row and column.
Read more GlossaryPriority date
Your place in line, compared with that cut-off.
Read moreFAQ
Questions people ask
Usually your country of birth. INA 202(b) sets chargeability by birth, with a few exceptions.
It lets a person be charged to the spouse’s country of birth instead of their own, to keep the couple together. The spouse must have or qualify for an immigrant visa, and that country’s limit must not be reached.
In some cases, yes. A child with or following to join a parent may be charged to either parent’s country. This applies if needed to keep the family together and the conditions are met.
The law treats you as born in your country of citizenship. If you have none, it is the last foreign country where you lived.
Less, for now. When the bulletin shows C for your category and country, visas are available to all qualified applicants that month. But dates can change.
Check the column and the category
Your country sets the column. Your category sets the row. The free evaluation shows where your record stands for EB-1A, EB-2 NIW and O-1. A partner-firm attorney confirms eligibility before anything is filed. This is general information, not legal advice.
Sources · checked October 2026
- 8 U.S.C. 1152 (INA 202), Legal Information Institute, Cornell Law School
- USCIS, Visa Availability and Priority Dates
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
