What is a priority date?
The U.S. green card system has more demand than available visas in many categories. The priority date system creates an ordered queue so applicants are processed in sequence.
Your priority date essentially marks when you "got in line." When your priority date becomes "current" (earlier than the published cutoff date), you can take the final step toward permanent residence.
For employment-based categories:
EB-1 (Extraordinary Ability, Outstanding Researchers, Multinational Managers): Priority date is the I-140 filing date (no PERM required).
EB-2 NIW (National Interest Waiver): Priority date is the I-140 filing date (no PERM required).
EB-2 (Advanced Degree/Exceptional Ability with PERM): Priority date is the PERM application filing date.
EB-3 (Skilled Workers/Professionals with PERM): Priority date is the PERM application filing date.
For family-based categories:
Priority date is typically the I-130 filing date.
How to find your priority date
Your priority date appears on:
Form I-797, Notice of Action: When your I-140 or I-130 is approved, the notice includes your priority date.
PERM application: If your case required labor certification, the priority date is the date DOL accepted your PERM application.
USCIS case status: Online status updates may reference your priority date.
If you are unsure of your priority date, contact your employer's immigration counsel or USCIS directly.
Understanding the Visa Bulletin
The Department of State publishes the Visa Bulletin monthly, showing cutoff dates for each preference category and country of chargeability (typically country of birth).
Two charts:
Final Action Dates: Shows when USCIS can make a final decision (approve) your green card case. Your priority date must be earlier than this date to receive your green card.
Dates for Filing: Shows when you can submit your adjustment of status application (I-485), even if a visa is not immediately available. This allows you to get in line and obtain work/travel authorization while waiting.
How to read the bulletin:
Find your preference category (EB-1, EB-2, EB-3, etc.).
Find your country of chargeability (usually country of birth).
Compare the published date to your priority date.
If your priority date is earlier than the published date (or the category shows "C" for current), you can take action.
Example:
If the Visa Bulletin shows EB-2 India Final Action Date as December 1, 2012, and your priority date is November 15, 2012, it is current. If your priority date is December 5, 2012, it is not yet current.
Country of chargeability
The country that determines your queue is typically your country of birth, not citizenship. Per-country limits cap how many green cards can go to nationals of any single country each year (7% of the worldwide limit).
Countries with high demand—particularly India and China—have significant backlogs. Applicants from these countries may wait years longer than applicants from lower-demand countries with identical priority dates and categories.
Cross-chargeability: In some cases, you may be able to use your spouse's country of birth if their country has shorter waits. This applies only if you are immigrating together.
Retaining and porting priority dates
Your priority date is not necessarily lost if circumstances change:
Approved I-140 retention: If your I-140 was approved, you generally retain that priority date even if:
You change employers (after 180 days of I-485 pending)
Your original employer withdraws the petition
You change to a different preference category
Category downgrade: You can use an EB-2 priority date for an EB-3 application (downgrading) if EB-3 dates are more favorable—though this is counterintuitive, it sometimes makes sense due to varying backlog movement.
Multiple petitions: If you have multiple approved I-140s with different priority dates, you can use the earliest one for any qualifying petition.
What affects priority date movement
The Visa Bulletin cutoff dates move based on:
Visa supply: The annual limit of employment-based visas (approximately 140,000) and the 7% per-country cap create the baseline supply.
Demand: How many applicants in each category are documentarily qualified and ready to complete their cases affects how quickly dates advance.
Spillover: Unused visas from one category may "spill over" to others, accelerating movement in receiving categories.
Fiscal year changes: Each October (new fiscal year), new visa numbers become available, often causing date movement.
Policy changes: Legislation increasing visa numbers or changing per-country limits would significantly impact wait times (though such changes are rare).
Tracking your priority date
Strategies for monitoring:
Check the Visa Bulletin monthly (published mid-month for the following month).
USCIS publishes guidance on which chart to use for filing I-485.
Track historical movement patterns for your category and country.
Join online communities that analyze and predict Visa Bulletin trends.
OpenSphere helps navigate timing
Understanding when you can file for permanent residence depends on your priority date, category, and country. OpenSphere's evaluation considers these factors in your overall immigration strategy.
Start your evaluation: https://evaluation.opensphere.ai/best-visa-for-you
