What Is a Priority Date?
Your priority date is your place in the green card queue: normally the date your first filing in the immigration chain — PERM labor certification, I-140, I-130 or I-526 — was received. Each month the Visa Bulletin publishes cutoff dates; if your priority date is earlier than the cutoff for your category and country of birth, your date is current.
Where your priority date comes from
| Category | Priority date = | Notes |
|---|---|---|
| EB-2 / EB-3 (with PERM) | PERM labor certification filing date | The date the Department of Labor received the ETA-9089, once the I-140 based on it is approved. |
| EB-1 / EB-2 NIW | I-140 filing date | Categories that do not need a labor certification, including the National Interest Waiver. |
| EB-4 / Religious Workers | I-360 filing date | Special immigrant petitions. |
| EB-5 | I-526 / I-526E filing date | Immigrant investor petitions. |
| F1–F4 (family) | I-130 filing date | Filed by the U.S. citizen or permanent resident relative; derivative spouses and children share it. |
How to find it
It is printed in the Priority Date box of your I-797 Receipt Notice and Approval Notice for the I-140, I-130, I-360 or I-526. If an employer or attorney filed for you, ask for a copy — a single wrong digit makes every comparison wrong.
How to read it against the Visa Bulletin
- Final Action Dates (Chart A): if your priority date is earlier than this date, a visa number is available and your green card can be approved.
- Dates for Filing (Chart B): if your priority date is earlier than this date and USCIS designates this chart for the month, you may file your I-485 early.
- "C" (Current) means every priority date qualifies; "U" (Unavailable) means no visas can be issued in that category that month.
This month's dates: latest Visa Bulletin. For India, the category pages go deeper: EB-2 India · EB-3 India · EB-1 India. To see exactly how far your date is from the cutoff, use the green card wait time checker.
Keeping your priority date
- Changing jobs: the priority date of an approved I-140 generally carries over to a later employment-based petition (8 CFR 204.5(e)), unless that approval is revoked for fraud, willful misrepresentation, a material error, or invalidation of the labor certification.
- Switching categories: the same rule lets you use an earlier EB-2 date on a new EB-3 petition, or vice versa — the new petition still has to be filed and approved.
- AC21 portability: if your I-485 has been pending 180 days or more, you may be able to move to a same or similar job without a new PERM and I-140.
- Children turning 21: the Child Status Protection Act (CSPA) can subtract some processing time from a child's age. The calculation depends on the case; get it checked individually.
FAQ
Is my priority date the same as the Visa Bulletin cutoff date?
No. Your priority date is your own place in line — the filing date of your PERM or petition. The cutoff date in the Visa Bulletin is how far the line has moved, published monthly. When your priority date is earlier than the cutoff, your date is "current".
Do I keep my priority date if I change employers?
Generally yes. Under 8 CFR 204.5(e), the priority date of an approved I-140 carries over to later employment-based petitions, unless the approval was revoked for fraud, willful misrepresentation, a material error, or invalidation of the labor certification. A new employer still has to file a new PERM and I-140 unless you port under AC21.
Can I file an I-485 when my date is earlier than the Dates for Filing chart?
Only in months when USCIS says it will accept filings under that chart. USCIS publishes the designation monthly for family-sponsored and employment-based cases; in other months, the Final Action Dates chart applies.
Does retrogression change my priority date?
No. Retrogression moves the cutoff date backward; your priority date and your place in line do not change. What changes is how long you may wait before your date is current again.
Which country column do I use — citizenship or birth?
Country of birth (chargeability). A person born in India uses the India column even if they hold another citizenship. A spouse born in a different country can sometimes allow "cross-chargeability" to the spouse's country of birth.
Information only, not legal advice. Official sources: Visa Bulletin (State Department) ↗ · USCIS filing charts ↗.