Understanding Priority Dates in Employment-Based Green Cards
Priority dates are one of the most confusing and most important concepts in the employment- based (EB) green card process. Many applicants mistakenly believe that filing an EB petition automatically places them on a clear path to permanent residence. In reality, the priority date determines when an applicant may move forward to the final stages of the green card process. Understanding how priority dates work, how they interact with the Visa Bulletin, and why they sometimes move backward is essential for realistic planning.
What Is a Priority Date?
A priority date is an applicant’s place in line for an immigrant visa number in an employment-based category.
In most EB cases:
- The priority date is the date the PERM labor certification is filed with the Department of Labor, or
- If PERM is not required (such as EB-1 or EB-2 National Interest Waiver cases), the priority date is the date Form I-140 is filed with USCIS.
The priority date does not depend on when Form I-140 is approved.
Why Priority Dates Matter
U.S. immigration law limits the number of employment-based green cards issued each year. When demand exceeds supply, applicants must wait until their priority date becomes “current.”
A priority date becomes critical because it determines:
- When Form I-485 (Adjustment of Status) may be filed from within the U.S., or
- When consular processing may move forward abroad
- When final green card approval is possible
Until the priority date is current, applicants generally must wait, even if their petition is approved.
The Role of the Visa Bulletin
The Visa Bulletin, published monthly by the U.S. Department of State, shows which priority dates are eligible to move forward.
Each employment-based category is divided by:
- EB category (EB-1, EB-2, EB-3, etc.)
- Country of chargeability
Applicants must compare their priority date to the dates listed in the Visa Bulletin to determine eligibility.
Two Visa Bulletin Charts: Why This Causes Confusion
The Visa Bulletin typically contains two charts:
- Final Action Dates
- Dates for Filing
USCIS announces each month which chart applicants may use for adjustment of status filings.
- Dates for Filing determine when Form I-485 may be filed.
- Final Action Dates determine when a green card may be approved.
An applicant may file Form I-485 only if their priority date is current under the chart authorized by USCIS for that month.
What Does “Current” Mean?
A priority date is considered current when:
- It is earlier than the date listed in the applicable Visa Bulletin chart, or
- The category shows a “C” (current), meaning visa numbers are immediately available
Even when a priority date becomes current, availability can change the following month.
Retrogression: When Priority Dates Move Backward
Retrogression occurs when visa demand increases and previously current dates move backward in the Visa Bulletin.
Retrogression can:
- Delay I-485 filing
- Pause final green card approvals
- Extend waiting periods unexpectedly
Retrogression does not cancel an approved petition or priority date, but it can significantly affect timing.
Do You Lose Your Priority Date?
In most cases, an approved Form I-140 allows the applicant to retain their priority date, even if:
- The employer withdraws the petition after 180 days
- The applicant later files a new I-140 with another employer
However, priority date retention does not always allow the applicant to bypass other requirements, such as employer sponsorship or AC21 portability rules.
Priority Dates and Concurrent Filing
When a priority date is current under the USCIS-authorized chart, applicants may be eligible for concurrent filing of Form I-140 and Form I-485.
Concurrent filing can allow applicants to:
- Remain in the United States while the case is pending
- Apply for Employment Authorization (EAD)
- Apply for Advance Parole for travel
However, concurrent filing eligibility depends entirely on priority date availability at the time of filing.
Key Takeaway
The priority date controls when an employment-based green card case can move forward, regardless of petition approval. Because Visa Bulletin availability changes monthly and varies by category and country, applicants should track priority dates carefully and plan long- term immigration strategies accordingly.
Applicants and employers are encouraged to closely monitor Visa Bulletin updates or contact us to speak with experienced immigration professionals.
Disclaimer: This blog is provided for general informational purposes only and does not constitute legal advice. Immigration laws, regulations, and adjudication practices are subject to change, and outcomes may vary based on individual case facts. Readers should consult qualified U.S. immigration counsel for legal advice specific to their matters.