What is a priority date?
The priority date is a single calendar date stamped on your I-797 receipt notice the moment USCIS opens your petition envelope. It is the only date that matters when figuring out when your green card will become available. Two people in the same EB-2 India category with priority dates a year apart will get their green cards roughly a year apart - regardless of when they actually want it.
How your priority date is determined
- EB-2 and EB-3 with PERM - the date your employer's PERM labor certification application was filed with DOL.
- EB-1 (no PERM) - the date USCIS received your I-140.
- EB-2 NIW (no PERM) - the date USCIS received your I-140.
- Family-based (I-130) - the date USCIS received your I-130.
- Refugee/asylee adjustment - generally one year from the date you were granted asylum or refugee status.
Where to find yours
Look at your I-797 receipt notice for the petition that established the date (I-140 or I-130). The priority date prints in the upper-left section, labeled exactly 'Priority Date'. If your I-140 was approved, the I-797 approval notice also lists the priority date.
How it connects to the Visa Bulletin
Every month the State Department publishes the Visa Bulletin. It shows, for each green card category and country of birth, the cutoff dates currently being processed. Your priority date is 'current' when it falls on or before the cutoff date shown for your category and country.
Final Action Date vs Filing Date
The Visa Bulletin has two charts every month:
- Chart A (Final Action Dates) - when USCIS can actually approve your green card.
- Chart B (Dates for Filing) - when USCIS will accept your I-485 application, weeks or months before approval is possible.
USCIS announces each month which chart applicants may use for I-485 filing. Chart B usually opens earlier and is more generous.
Priority date retention
If you change jobs (employment-based) or a relationship breaks down (family-based), you do not necessarily lose your priority date. For employment-based: an approved I-140 keeps your priority date even if your employer withdraws the petition more than 180 days after approval. The next employer's I-140 captures the original priority date.
Priority date porting
You can move an EB-2 or EB-3 priority date between categories. If your EB-3 was approved with a 2018 priority date and your new EB-2 I-140 gets filed years later, the EB-2 inherits the 2018 date - potentially saving years in the queue.
Cross-chargeability
If your spouse was born in a country with a faster-moving queue (e.g., you were born in India but your spouse in Germany), you may charge to your spouse's country and use the much earlier cutoff. This is one of the most powerful and underused tools in the immigration system.