Priority Date Explained: Understanding Green Card Backlogs and Wait Times
Your priority date determines when you can file for green card. Here's what it means, how to track it, and how long you'll wait.
Quick Answer
Priority date is your "place in line" for green card, determined by date PERM was filed (employment-based) or I-130 was filed (family-based). Due to per-country limits, Indian EB-2 waits 10-15+ years, Chinese EB-2 waits 5-8 years, while most other countries have no wait. Check Visa Bulletin monthly to see if your priority date is "current." Once current, you can file I-485 (adjustment of status) or proceed with consular processing.
Key Takeaways
Priority date = your place in line for green card
Determined by PERM filing date (employment) or I-130 filing date (family)
Per-country limits create massive backlogs for India, China
Visa Bulletin published monthly showing current dates
When your date is "current," you can file I-485
Priority date can be "ported" to new employer's petition
Key Takeaways
Priority date = your place in line for green card
Determined by PERM filing date (employment) or I-130 filing date (family)
Per-country limits create massive backlogs for India, China
Visa Bulletin published monthly showing current dates
When your date is "current," you can file I-485
Priority date can be "ported" to new employer's petition
Table of Content
What Is Priority Date
Priority date is the date that establishes your place in line for an immigrant visa (green card). Think of it like a ticket number at a deli counter.
How priority date is established:
Category | Priority Date Determined By |
|---|---|
EB-1 | I-140 filing date |
EB-2/EB-3 (PERM) | PERM filing date |
EB-2 NIW | I-140 filing date |
Family-based | I-130 filing date |
For employment-based with PERM, your priority date is set when employer files PERM labor certification - potentially years before I-140 is even filed.
Per-Country Limits
U.S. limits green cards to 7% of annual total per country. This creates massive backlogs for high-demand countries.
Current approximate waits (EB-2):
India: 10-15+ years
China: 5-8 years
Philippines: 2-4 years
Rest of world: Current (no wait)
Same qualifications, same job, same employer - but wait time differs dramatically based on country of birth (not citizenship).
Reading the Visa Bulletin
State Department publishes Visa Bulletin monthly showing which priority dates are "current" (can proceed with green card).
Two charts:
Final Action Dates: When green card can be issued
Dates for Filing: When I-485 can be filed (may be earlier)
Example reading:
EB-2 India Final Action Date: January 1, 2012
Your priority date: March 15, 2015
Your date is NOT current (2015 is after 2012)
Must wait until Final Action Date reaches March 2015
When Priority Date Becomes Current
"Current" means your priority date is on or before the date shown in Visa Bulletin. You can then file I-485 (adjustment of status) within U.S., proceed with consular processing if abroad, and receive green card after processing.
Check monthly:
Visa Bulletin released mid-month for following month
Dates can move forward (progress) or backward (retrogression)
Set calendar reminder to check each month
Priority Date Portability
If you change employers after I-140 is approved 180+ days, your priority date follows you.
Porting priority date:
Original I-140 approved
180 days pass
Change to new employer
New employer files new PERM and I-140
Request to use original priority date on new I-140
USCIS grants request
This is crucial for long backlogs. If you established 2018 priority date and change jobs in 2025, you keep 2018 date with new employer.
Multiple Priority Dates
You can have multiple priority dates from different petitions.
Scenarios:
Employer A filed PERM in 2018 (priority date 2018)
Employer B files new PERM in 2023 (priority date 2023)
Self-petition NIW filed in 2024 (priority date 2024)
You can use earliest priority date when any I-140 is approved. Having 2018 priority date from first employer helps even if you're now with different employer.
Strategies for Long Backlogs
If facing 10+ year wait:
Consider EB-1A or EB-1B (often current, no backlog)
File NIW as backup (different queue)
Change to EB-1 category if qualifications improve
Continue H-1B extensions indefinitely (with approved I-140)
Spouse's country might have shorter wait (if different)
Cross-chargeability: If your spouse was born in country with no backlog, you may "cross-charge" to their country, avoiding your country's backlog entirely.
I-140 Approval Benefits During Wait
Even with long backlog, approved I-140 provides benefits.
With approved I-140:
H-1B extensions beyond 6 years (AC21)
H-4 EAD for spouse
Priority date locked in
Job portability (after 180 days)
Can start new petition while keeping old priority date
Retrogression
Sometimes Visa Bulletin dates move backward. This is retrogression.
Example:
October bulletin: EB-2 India current to 2013
November bulletin: EB-2 India current to 2011
If your date is 2012, you were current in October but not in November
This happens when too many applications are filed in a category. Your I-485 filing may be blocked until dates move forward again.
What Is Priority Date
Priority date is the date that establishes your place in line for an immigrant visa (green card). Think of it like a ticket number at a deli counter.
How priority date is established:
Category | Priority Date Determined By |
|---|---|
EB-1 | I-140 filing date |
EB-2/EB-3 (PERM) | PERM filing date |
EB-2 NIW | I-140 filing date |
Family-based | I-130 filing date |
For employment-based with PERM, your priority date is set when employer files PERM labor certification - potentially years before I-140 is even filed.
Per-Country Limits
U.S. limits green cards to 7% of annual total per country. This creates massive backlogs for high-demand countries.
Current approximate waits (EB-2):
India: 10-15+ years
China: 5-8 years
Philippines: 2-4 years
Rest of world: Current (no wait)
Same qualifications, same job, same employer - but wait time differs dramatically based on country of birth (not citizenship).
Reading the Visa Bulletin
State Department publishes Visa Bulletin monthly showing which priority dates are "current" (can proceed with green card).
Two charts:
Final Action Dates: When green card can be issued
Dates for Filing: When I-485 can be filed (may be earlier)
Example reading:
EB-2 India Final Action Date: January 1, 2012
Your priority date: March 15, 2015
Your date is NOT current (2015 is after 2012)
Must wait until Final Action Date reaches March 2015
When Priority Date Becomes Current
"Current" means your priority date is on or before the date shown in Visa Bulletin. You can then file I-485 (adjustment of status) within U.S., proceed with consular processing if abroad, and receive green card after processing.
Check monthly:
Visa Bulletin released mid-month for following month
Dates can move forward (progress) or backward (retrogression)
Set calendar reminder to check each month
Priority Date Portability
If you change employers after I-140 is approved 180+ days, your priority date follows you.
Porting priority date:
Original I-140 approved
180 days pass
Change to new employer
New employer files new PERM and I-140
Request to use original priority date on new I-140
USCIS grants request
This is crucial for long backlogs. If you established 2018 priority date and change jobs in 2025, you keep 2018 date with new employer.
Multiple Priority Dates
You can have multiple priority dates from different petitions.
Scenarios:
Employer A filed PERM in 2018 (priority date 2018)
Employer B files new PERM in 2023 (priority date 2023)
Self-petition NIW filed in 2024 (priority date 2024)
You can use earliest priority date when any I-140 is approved. Having 2018 priority date from first employer helps even if you're now with different employer.
Strategies for Long Backlogs
If facing 10+ year wait:
Consider EB-1A or EB-1B (often current, no backlog)
File NIW as backup (different queue)
Change to EB-1 category if qualifications improve
Continue H-1B extensions indefinitely (with approved I-140)
Spouse's country might have shorter wait (if different)
Cross-chargeability: If your spouse was born in country with no backlog, you may "cross-charge" to their country, avoiding your country's backlog entirely.
I-140 Approval Benefits During Wait
Even with long backlog, approved I-140 provides benefits.
With approved I-140:
H-1B extensions beyond 6 years (AC21)
H-4 EAD for spouse
Priority date locked in
Job portability (after 180 days)
Can start new petition while keeping old priority date
Retrogression
Sometimes Visa Bulletin dates move backward. This is retrogression.
Example:
October bulletin: EB-2 India current to 2013
November bulletin: EB-2 India current to 2011
If your date is 2012, you were current in October but not in November
This happens when too many applications are filed in a category. Your I-485 filing may be blocked until dates move forward again.
Frequently Asked Questions
How do I find my priority date?
Check I-140 approval notice or ask employer/attorney. For PERM-based cases, it's the PERM filing date.
Can priority date move backward?
Yes, this is called retrogression. Check Visa Bulletin monthly for changes.
What if I change jobs before I-140 approval?
Priority date from that employer is lost. New employer must file new PERM with new priority date.
Can I use spouse's country priority date?
Yes, through cross-chargeability if spouse was born in country with shorter wait.
How often does Visa Bulletin update?
Monthly. Published mid-month for following month at travel.state.gov.
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