The Priority Date Myth: Why Filing Your Green Card Application Early Can Save You Years (Even If You're Not "Ready")
Your green card priority date determines your place in line. For Indians and Chinese facing decade-long backlogs, filing early, even with a weaker case, can be strategically valuable.
Your green card priority date is your "place in line" and is set when your PERM is filed (employer-sponsored) or I-140 is filed (self-petition). For countries with backlogs (India, China), filing early locks in an earlier priority date.
Even if your initial petition is weak, an early priority date can be ported to a stronger petition later. This strategy is especially valuable for Indians facing 10-15 year EB-2 waits.
Key Takeaways
Priority date = place in line
Set when your green card process begins (PERM filing or I-140 filing).
Priority dates are portable
If you upgrade from EB-3 to EB-2, or from employer-sponsored to EB-1A, you keep your original priority date.
Filing early matters for backlog countries
For Indians and Chinese, an early priority date can save years, even if your initial petition isn't perfect.
You can have multiple priority dates
File EB-2 NIW now (self-petition), and employer-sponsored EB-2 later. Keep the earliest date.
The "I'll wait until I'm qualified" trap
Many wait years to build a perfect EB-1A case, losing 3-5 years of priority date they could have preserved with an earlier EB-2 NIW filing.
Priority dates don't expire
Even if you leave the U.S., change employers, or abandon a petition, your priority date can sometimes be recaptured.
Key Takeaways
Priority date = place in line
Set when your green card process begins (PERM filing or I-140 filing).
Priority dates are portable
If you upgrade from EB-3 to EB-2, or from employer-sponsored to EB-1A, you keep your original priority date.
Filing early matters for backlog countries
For Indians and Chinese, an early priority date can save years, even if your initial petition isn't perfect.
You can have multiple priority dates
File EB-2 NIW now (self-petition), and employer-sponsored EB-2 later. Keep the earliest date.
The "I'll wait until I'm qualified" trap
Many wait years to build a perfect EB-1A case, losing 3-5 years of priority date they could have preserved with an earlier EB-2 NIW filing.
Priority dates don't expire
Even if you leave the U.S., change employers, or abandon a petition, your priority date can sometimes be recaptured.
Table of Content
What Is a Priority Date?
Your priority date is the date USCIS uses to determine when you can receive your green card. It establishes your place in the queue.
How priority dates are set:
For employer-sponsored green cards (EB-2, EB-3) Priority date = the date your employer files the PERM labor certification
For self-petitioned green cards (EB-1A, EB-2 NIW) Priority date = the date you file your I-140 petition
Why it matters Due to per-country annual limits (approximately 2,800 green cards per country per category), Indians and Chinese face massive backlogs. Your priority date determines when your green card becomes available.
How Priority Date Backlogs Work
USCIS publishes a monthly Visa Bulletin showing which priority dates are "current" (able to file for green card or receive it).
Example (November 2025):
EB-2 India: Priority dates before September 2012 are current
EB-2 China: Priority dates before July 2020 are current
EB-2 All other countries: Current (no backlog)
This means:
An Indian who filed EB-2 in September 2012 can now complete their green card process (13+ year wait)
An Indian who files EB-2 in November 2025 will wait approximately 50+ years (as per recent CATO Institute Report)
The math: If you file today, your priority date is November 2025. You'll wait until the Visa Bulletin advances to November 2025 - which could take 10-15 years.
Why Filing Early Matters (Even with a Weak Case)
Scenario 1: The Traditional Approach (Waiting)
2025: You're early in your career. You don't qualify for EB-1A or NIW yet.
2025-2030: You build evidence like publications, citations, press, awards.
2030: You file EB-1A. Priority date: 2030.
2032: EB-1A approved. You get green card (EB-1A has no backlog).
Total time: 7 years from 2025 to green card.
Scenario 2: The Strategic Approach (Filing Early)
2025: You file EB-2 NIW with decent but not strong evidence. Priority date: 2025.
2025-2030: You continue building evidence.
2030: You file EB-1A. Since EB-1A has no backlog, you get green card immediately if approved.
But: If EB-1A is denied or you don't qualify, you fall back to your 2025 NIW priority date.
2030: Your 2025 NIW priority date may now be current (or close), saving you years.
The value: Filing early gives you optionality. You can pursue aggressive strategies (EB-1A) while having a safety net (earlier priority date from NIW or employer-sponsored EB-2).
Priority Date Portability: How It Works
Key rule: Priority dates can be ported (carried forward) to new petitions.
Example 1: EB-3 to EB-2 Upgrade
2024: Employer files EB-3. Priority date: January 2024.
2026: You now qualify for EB-2 (earned master's degree). Employer files EB-2.
You port your January 2024 priority date to the new EB-2 petition.
You don't lose 2 years by upgrading.
Example 2: Employer-Sponsored to Self-Petition
2023: Employer files EB-2. Priority date: March 2023.
2027: You build EB-1A evidence. File EB-1A.
If EB-1A is approved, you get green card immediately (no backlog).
If EB-1A is denied, your March 2023 employer-sponsored EB-2 priority date is still valid.
Example 3: Multiple Self-Petitions
2025: File EB-2 NIW. Priority date: June 2025.
2028: File EB-1A.
If EB-1A is approved, green card immediately.
If denied, you still have June 2025 NIW priority date.
The "File Early Even If Not Ready" Strategy
For Indians and Chinese, consider filing EB-2 NIW as early as reasonably possible, even if your case isn't perfectly strong, because:
1. You lock in an early priority date
If you file in 2025 and wait 3 years to build evidence for EB-1A, you've still preserved a 2025 priority date.
2. The worst-case scenario isn't that bad
If NIW is denied, you've lost the filing fee ($700) and legal costs ($5K-$10K), but you can refile. If approved, you have a safety net.
3. You create optionality
You can pursue multiple paths simultaneously.
When this strategy makes sense
You're from India or China and are facing long backlogs
You partially meet NIW requirements (2 of 3 prongs, but not perfectly)
You're willing to risk initial denial to lock in priority date
You plan to strengthen evidence and refile or file EB-1A later
When this strategy doesn't make sense
You're not from India or China (no backlog, so priority date doesn't matter)
Your evidence is extremely weak (very high denial risk)
You can't afford the filing costs
How OpenSphere Evaluates Priority Date Strategy
Country-Specific Analysis
Based on your country of birth, we show current Visa Bulletin backlogs and projects wait times.
Priority Date Value Calculator
If you file today, what priority date do you lock in?
How much could this save you in the future?
Multi-Petition Strategy Planning
The following scenarios are mapped:
Scenario A: File NIW now, EB-1A in 3 years
Scenario B: Wait 3 years, file EB-1A only
Comparison: Which saves more time?
Risk-Benefit Analysis
We evaluate whether your evidence is strong enough to risk early filing, or if you should build more first.
Comparison Table: Filing Early vs Waiting
Dimension
File Early (Weak Case)
Wait to Build Perfect Case
Priority date
Locks in 2025 date
Priority date delayed by 3-5 years
Risk
Possible denial, lose $5K-$10K
No risk, but no priority date protection
Benefit for backlog countries
Could save 3-5 years if you fall back to this date
No benefit if stronger case also fails
Best for
Indians/Chinese with decent evidence
Anyone with very weak evidence or no backlog
Want to know if filing a green card application now, even if you're not perfectly ready, could save you years?
Take the OpenSphere evaluation. You'll get a priority date strategy analysis and multi-petition roadmap.
Your priority date is the date USCIS uses to determine when you can receive your green card. It establishes your place in the queue.
How priority dates are set:
For employer-sponsored green cards (EB-2, EB-3) Priority date = the date your employer files the PERM labor certification
For self-petitioned green cards (EB-1A, EB-2 NIW) Priority date = the date you file your I-140 petition
Why it matters Due to per-country annual limits (approximately 2,800 green cards per country per category), Indians and Chinese face massive backlogs. Your priority date determines when your green card becomes available.
How Priority Date Backlogs Work
USCIS publishes a monthly Visa Bulletin showing which priority dates are "current" (able to file for green card or receive it).
Example (November 2025):
EB-2 India: Priority dates before September 2012 are current
EB-2 China: Priority dates before July 2020 are current
EB-2 All other countries: Current (no backlog)
This means:
An Indian who filed EB-2 in September 2012 can now complete their green card process (13+ year wait)
An Indian who files EB-2 in November 2025 will wait approximately 50+ years (as per recent CATO Institute Report)
The math: If you file today, your priority date is November 2025. You'll wait until the Visa Bulletin advances to November 2025 - which could take 10-15 years.
Why Filing Early Matters (Even with a Weak Case)
Scenario 1: The Traditional Approach (Waiting)
2025: You're early in your career. You don't qualify for EB-1A or NIW yet.
2025-2030: You build evidence like publications, citations, press, awards.
2030: You file EB-1A. Priority date: 2030.
2032: EB-1A approved. You get green card (EB-1A has no backlog).
Total time: 7 years from 2025 to green card.
Scenario 2: The Strategic Approach (Filing Early)
2025: You file EB-2 NIW with decent but not strong evidence. Priority date: 2025.
2025-2030: You continue building evidence.
2030: You file EB-1A. Since EB-1A has no backlog, you get green card immediately if approved.
But: If EB-1A is denied or you don't qualify, you fall back to your 2025 NIW priority date.
2030: Your 2025 NIW priority date may now be current (or close), saving you years.
The value: Filing early gives you optionality. You can pursue aggressive strategies (EB-1A) while having a safety net (earlier priority date from NIW or employer-sponsored EB-2).
Priority Date Portability: How It Works
Key rule: Priority dates can be ported (carried forward) to new petitions.
Example 1: EB-3 to EB-2 Upgrade
2024: Employer files EB-3. Priority date: January 2024.
2026: You now qualify for EB-2 (earned master's degree). Employer files EB-2.
You port your January 2024 priority date to the new EB-2 petition.
You don't lose 2 years by upgrading.
Example 2: Employer-Sponsored to Self-Petition
2023: Employer files EB-2. Priority date: March 2023.
2027: You build EB-1A evidence. File EB-1A.
If EB-1A is approved, you get green card immediately (no backlog).
If EB-1A is denied, your March 2023 employer-sponsored EB-2 priority date is still valid.
Example 3: Multiple Self-Petitions
2025: File EB-2 NIW. Priority date: June 2025.
2028: File EB-1A.
If EB-1A is approved, green card immediately.
If denied, you still have June 2025 NIW priority date.
The "File Early Even If Not Ready" Strategy
For Indians and Chinese, consider filing EB-2 NIW as early as reasonably possible, even if your case isn't perfectly strong, because:
1. You lock in an early priority date
If you file in 2025 and wait 3 years to build evidence for EB-1A, you've still preserved a 2025 priority date.
2. The worst-case scenario isn't that bad
If NIW is denied, you've lost the filing fee ($700) and legal costs ($5K-$10K), but you can refile. If approved, you have a safety net.
3. You create optionality
You can pursue multiple paths simultaneously.
When this strategy makes sense
You're from India or China and are facing long backlogs
You partially meet NIW requirements (2 of 3 prongs, but not perfectly)
You're willing to risk initial denial to lock in priority date
You plan to strengthen evidence and refile or file EB-1A later
When this strategy doesn't make sense
You're not from India or China (no backlog, so priority date doesn't matter)
Your evidence is extremely weak (very high denial risk)
You can't afford the filing costs
How OpenSphere Evaluates Priority Date Strategy
Country-Specific Analysis
Based on your country of birth, we show current Visa Bulletin backlogs and projects wait times.
Priority Date Value Calculator
If you file today, what priority date do you lock in?
How much could this save you in the future?
Multi-Petition Strategy Planning
The following scenarios are mapped:
Scenario A: File NIW now, EB-1A in 3 years
Scenario B: Wait 3 years, file EB-1A only
Comparison: Which saves more time?
Risk-Benefit Analysis
We evaluate whether your evidence is strong enough to risk early filing, or if you should build more first.
Comparison Table: Filing Early vs Waiting
Dimension
File Early (Weak Case)
Wait to Build Perfect Case
Priority date
Locks in 2025 date
Priority date delayed by 3-5 years
Risk
Possible denial, lose $5K-$10K
No risk, but no priority date protection
Benefit for backlog countries
Could save 3-5 years if you fall back to this date
No benefit if stronger case also fails
Best for
Indians/Chinese with decent evidence
Anyone with very weak evidence or no backlog
Want to know if filing a green card application now, even if you're not perfectly ready, could save you years?
Take the OpenSphere evaluation. You'll get a priority date strategy analysis and multi-petition roadmap.
1. Can I really keep my priority date if my petition is denied?
No, not from the denied petition. But if you have an approved I-140 (from any category), you can port that priority date to future petitions.
2. What if I leave the U.S.? Do I lose my priority date?
No. Priority dates are tied to I-140 approvals, not your physical presence in the U.S.
3. Can I have multiple priority dates at once?
Yes. You can have employer-sponsored EB-2 with one priority date and self-petitioned NIW with another. You use the earliest one.
4. If EB-1A has no backlog, why does priority date matter?
It doesn't for EB-1A. But if you file EB-1A and it's denied, having an earlier priority date from a backup petition (EB-2 NIW or employer-sponsored) can save years.
5. Can I port a priority date from EB-3 to EB-1A?
Yes, as long as the earlier I-140 was approved.
6. What if I change employers? Do I lose my priority date?
If your I-140 was approved and has been approved for 180+ days, you can port the priority date to a new employer's petition or a self-petition.
7. Should I file NIW now even if I know I'll qualify for EB-1A in 2 years?
For Indians/Chinese: possibly yes, to lock in an earlier priority date. For other countries: probably not worth the cost.
8. How much does it cost to file a "backup" NIW?
Filing fee: $700. Attorney fees: $5,000-$15,000. Total: approximately $6,000-$16,000.
9. Can I withdraw my earlier petition and keep the priority date?
If the I-140 was approved, yes. If it was denied or withdrawn before approval, no.
10. What's the downside of filing multiple petitions?
Cost (each petition costs $6K-$20K in legal fees) and time spent on applications. But for backlog countries, the priority date protection can be worth it.
