What Is a Priority Date?

If you're waiting for an employment-based or family-sponsored green card, one date controls your entire timeline: your priority date. This single date determines when you can move from petition approval to actually receiving lawful permanent resident status.

A priority date is the filing date that establishes your place in the immigrant visa queue when visas are numerically limited by the Immigration and Nationality Act. The U.S. Department of State uses this date to allocate visa numbers through the monthly visa bulletin. [According to USCIS data, employment-based applicants from India face backlogs exceeding 10 years for certain categories, while family-sponsored preference wait times vary from 1 to 20+ years depending on country of chargeability. Understanding your priority date is essential for tracking your progress through these lengthy timelines.

This guide explains what a priority date is, how to find yours on Form I-797, and how to check your place in the visa queue using the monthly visa bulletin. You'll learn when your priority date becomes current and when you can file Form I-485 for adjustment of status.

What is a priority date?

A priority date is the filing date that establishes your place in line in the visa queue when immigrant visas are numerically limited. USCIS and the Department of State use this date to allocate limited visa numbers among preference category applicants. You'll find your priority date on Form I-797 (Notice of Action) after U.S. Citizenship and Immigration Services approves your immigrant petition. Immediate relatives of U.S. citizens are exempt from numerical limits and don't have priority dates.

Legal foundation

The Immigration and Nationality Act sets annual limits on immigrant visas: family-sponsored preference visas are capped at approximately 226,000 per fiscal year, and employment-based preference visas are limited to 140,000 annually. Per-country limits create backlogs for applicants from India, China, Mexico, and the Philippines. When demand exceeds supply, a visa queue forms. Learn more about visa availability at USCIS Visa Availability and Priority Dates.

How priority dates are established

Understanding how your priority date is established depends on your immigration pathway. The process differs significantly depending on whether you're applying through family sponsorship or employment-based immigration. Each route calculates your priority date at different points in the application process, and knowing which applies to you helps you understand when you'll receive your official priority date and what to expect as you move through the system.

Family-sponsored cases

For family-based immigration, your priority date is the date Form I-130 (Petition for Alien Relative) is properly filed with USCIS. Once approved, this date appears on your Form I-797 approval notice.

Employment-based cases

With labor certification (PERM): Your priority date is the date the Department of Labor accepts the labor certification application. This applies to most EB-2 and EB-3 cases. Your employer must file Form I-140 within 180 days to preserve the priority date.

Without labor certification: Your priority date is the date Form I-140 is filed with USCIS. This applies to EB-1 categories and EB-2 NIW (National Interest Waiver) cases.

Understanding the visa bulletin

The visa bulletin is your roadmap for timing. Published monthly by the U.S. Department of State, it shows which priority dates are currently eligible for visa processing in each preference category and country. This bulletin controls when you can proceed with your green card application, determining whether you're current (able to file immediately), moving backward in the queue, or still waiting for your turn.

Two charts explained

The Application Final Action Dates chart shows when visa numbers are available. USCIS uses these dates to approve adjustment of status applications, and U.S. consulates use them for immigrant visa issuance. The Dates for Filing Applications (Filing Chart) indicates when you can file Form I-485 early. Check which chart applies each month.

Reading the charts

Charts display cut-off dates by preference category (rows) and country of chargeability (columns), typically your country of birth. "C" means current (all priority dates eligible), "U" means unavailable, and a specific date means only earlier priority dates may proceed.

How to check your place in the visa queue

Checking your place in the visa queue requires comparing your priority date to the current month's visa bulletin cut-off dates. This process involves several steps to ensure you're looking at the right category, country, and chart. Understanding where you stand helps you determine whether you can file Form I-485 now or need to continue waiting.

Step 1: Locate your priority date

Find your priority date on Form I-797 (Notice of Action) that USCIS issued when approving your immigrant petition. This date appears near the top of the notice. If you've lost your notice, check your USCIS online account or contact USCIS to request a duplicate.

Step 2: Identify your preference category

Determine which preference category applies to your case. Family-sponsored categories include F-1, F-2A, F-2B, F-3, and F-4. Employment-based categories include EB-1, EB-2, EB-3, EB-4, and EB-5. Your Form I-797 approval notice indicates your category. If you're unsure, check with your petitioner or immigration attorney.

Step 3: Confirm your country of chargeability

Your country of chargeability is usually your country of birth, not your citizenship. Per-country limits mean applicants from India, China, Mexico, and the Philippines face longer wait times than applicants from other countries. If you were born in one country but your spouse was born in another, you may be able to use your spouse's country of chargeability.

Step 4: Access the current visa bulletin

Visit travel.state.gov to find the most recent visa bulletin. The Department of State publishes a new bulletin around the middle of each month for the following month. Make sure you're viewing the correct month's bulletin.

Step 5: Determine which chart to use

The visa bulletin contains two charts: Application Final Action Dates and Dates for Filing Applications. USCIS announces each month which chart you should use to determine filing eligibility. Check the USCIS Visa Bulletin page for the current month's guidance. When USCIS doesn't specify, you must use the Application Final Action Dates chart.

Step 6: Compare your priority date to the cut-off date

Locate your preference category row and country of chargeability column in the designated chart. The date shown is the cut-off date. If your priority date is earlier than the cut-off date, your priority date is current, and you may proceed. If the chart shows "C" (current), all priority dates in that category and country are current. If it shows "U" (unavailable), no visas are currently available,e regardless of priority date.

Step 7: Understand what happens next

When your priority date becomes current, you can file Form I-485 for adjustment of status if you're in the United States, or proceed with consular processing if you're abroad. If your date isn't current yet, continue monitoring the monthly visa bulletin for movement. Priority dates can advance, remain stationary, or retrogress depending on visa demand and supply.

Understanding retrogression and wait times

Retrogression occurs when cut-off dates move backward because visa demand exceeds supply. This commonly affects employment-based categories for India and China. When a new fiscal year begins on October 1, fresh visa numbers become available.

The country of chargeability creates major variation. India EB-2 and EB-3 face multi-year backlogs. The Philippines and Mexico see family-based backlogs. Workers on H-1B, L-1, or O-1A visas should factor these timelines into planning.

When you can file for an adjustment of status

Becoming current is the milestone you've been waiting for. When your priority date matches or falls before the cut-off date in the visa bulletin, you've reached the point where you can finally move forward with your green card application. The timing of this moment determines your next steps: whether you can file immediately, wait strategically, or begin preparing critical documents. Understanding your options at this stage helps you plan your transition from temporary status to permanent residence.

Concurrent filing

You can file Form I-485 together with Form I-130 or Form I-140 only when a visa is immediately available. Immediate relatives of U.S. citizens can always file concurrently. Preference category applicants may file concurrently only when their priority date is current.

Waiting for the current priority date

Most preference cases require waiting. Monitor the monthly visa bulletin and file Form I-485 when current. Workers on TN, J-1, or E-2 visas should prepare documents while waiting.

Take control of your green card timeline.

Understanding your priority date and tracking the visa bulletin are just the first steps toward permanent residence. Your green card journey involves coordinating across multiple agencies, monitoring monthly updates, and filing complex forms at precisely the right time.

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Frequently asked questions

What is the meaning ofthe priority date?

A priority date is the filing date that establishes your place in the immigrant visa queue under immigration law. For family-sponsored cases, it's when Form I-130 was filed; for employment-based cases, it's the labor certification filing date or Form I-140 filing date. This date determines when you can apply for permanent resident status.

How do I know my priority date?

Your priority date appears on Form I-797 (Notice of Action) that USCIS issues when approving your immigrant petition. You can also check your USCIS online account. This date remains constant even if you change employers under certain conditions.

How long after my priority date becomes current?

Once current, you can file Form I-485 (adjustment of status application) or proceed with consular processing. USCIS processing time typically ranges from several months to over a year, depending on the backlog.

What is the difference between the filing date and the priority date?

The priority date is when your immigrant petition was originally filed, establishing your place in line. Filing date refers to when you submit Form I-485 after becoming current. The visa bulletin contains both Final Action Dates and Dates for Filing charts to track visa availability.

Can I get a green card before the priority date?

No. Immediate relatives of U.S. citizens don't have priority dates because they're exempt from numerical limits. Preference category applicants must wait until current, though they may file Form I-485 earlier using the Dates for Filing chart when USCIS permits.