Introduction: Why Priority Dates Confuse Everyone

The U.S. issues a limited number of employment-based green cards each year - approximately 140,000, distributed across five preference categories (EB-1 through EB-5) and further restricted by per-country limits. Because demand exceeds supply in certain categories and for certain countries of birth, USCIS uses a queue system based on priority dates.

Every month, the Department of State publishes the Visa Bulletin - a document that tells applicants whether they have reached the front of the queue. If you are applying for a green card and have ever been told to "check the Visa Bulletin," this guide explains what you are actually looking at and what it means for your case.

What Is a Priority Date?

Your priority date is the date USCIS received your immigrant petition (Form I-140 for employment-based cases). Think of it as your place-in-line timestamp.

When you file an I-140 - whether for EB-1A (extraordinary ability), EB-2 NIW (national interest waiver), or employer-sponsored EB-2/EB-3 - USCIS stamps a receipt date on the case. That receipt date is your priority date.

Your priority date does not change if you change employers (in many cases), if USCIS loses your file, or if processing is delayed. It is locked in on the day the I-140 is received.

For PERM-based cases (employer-sponsored EB-2/EB-3): The priority date is actually the date the PERM labor certification application was filed with the Department of Labor - before the I-140 is even submitted. This means you can accumulate a priority date years before your I-140 is filed.

What Is the Visa Bulletin?

The Visa Bulletin is a monthly document published by the Department of State. It shows, for each employment preference category and each country, whether applicants with certain priority dates can move forward in the green card process.

The Visa Bulletin has two charts that matter for employment-based cases:

  • Chart A (Final Action Dates): Applicants whose priority date is before this date can file for adjustment of status (I-485) or get an immigrant visa stamp at a consulate.
  • Chart B (Dates for Filing): Applicants whose priority date is before this date can file the I-485 in advance of a visa number actually being available (if USCIS accepts this chart for that month - more on this below).

Every month, USCIS announces whether it will accept filings based on Chart A or Chart B. In some months, USCIS allows early I-485 filing based on the more favorable Chart B; in others, only Chart A is accepted.

How to Read the Visa Bulletin

The Visa Bulletin tables use columns for countries and rows for preference categories.

Countries of birth that have their own column:

  • China (mainland-born)
  • India
  • Mexico
  • Philippines

All other countries fall under "All Chargeability Areas Except Those Listed" - effectively one combined worldwide queue.

The preference categories:

CategoryWhat It Covers
1st (EB-1)Priority workers: extraordinary ability, outstanding professors/researchers, multinational managers
2nd (EB-2)Advanced degree professionals, exceptional ability, NIW
3rd (EB-3)Skilled workers, professionals, unskilled workers
4th (EB-4)Special immigrants (religious workers, broadcasters, etc.)
5th (EB-5)Investors

Reading a cell:

If a cell says "C" - it means "Current." No backlog. Any applicant with an approved I-140 (or a concurrently filed I-140) in that category and country can immediately file the I-485 or receive an immigrant visa.

If a cell shows a date - for example, "01AUG21" - it means only applicants with a priority date before August 1, 2021 can currently proceed. Applicants with a priority date of August 2, 2021 or later must wait until the cutoff date advances past their priority date.

If a cell says "U" - it means "Unavailable." No visas are being issued in this category/country combination right now. This happens at the end of the fiscal year (September) when annual visa numbers run out.

Why India and China Have Different (Worse) Priority Dates

The per-country limits in U.S. immigration law cap the number of green cards any single country can use at approximately 7% of total employment-based green cards per year. This applies regardless of demand.

India produces a vastly disproportionate number of employment-based green card applications - particularly in EB-2 and EB-3 - primarily because of the large number of Indian nationals who work in the U.S. on H-1B visas. The result: the EB-2 backlog for India-born applicants is currently estimated at 20+ years. EB-3 India is even longer.

China-born applicants face a shorter but still significant backlog in EB-2 (approximately 5-8 years as of 2026).

For this reason, Indian and Chinese nationals pursuing employment-based green cards should consider EB-1A specifically - the EB-1 backlog for India is currently a few years rather than decades, making it the most practical self-petition option.

How Priority Dates Advance (and Retrogress)

Priority dates generally advance over time as older applications get processed and new visa numbers become available. However, they do not advance at a predictable rate - and they can move backward (retrogress).

Retrogression happens when USCIS approves too many I-485s in a given fiscal year (October-September) and the remaining visa supply is exhausted before year-end. When this happens, the Visa Bulletin cutoff dates move backward to slow the flow of new I-485 approvals.

This is not theoretical - EB-2 India and EB-2 China retrogressed multiple times in recent years, sometimes by years at a time. Applicants who filed their I-485 and received Employment Authorization Documents (EADs) had their green card approvals simply delayed - in some cases for 18+ months - because their priority date temporarily fell behind the new cutoff.

What this means in practice: Even after you file the I-485, you are not guaranteed a green card on any particular schedule. You have work authorization while it is pending, but final approval depends on your priority date remaining current.

The Concurrent Filing Strategy (For Most Nationalities)

For applicants born outside India, China, Mexico, and the Philippines, EB-1 and EB-2 priority dates are typically current or close to current. This creates an important filing option.

Concurrent filing: If the priority date is current when the I-140 is filed, the applicant can file the I-140 and I-485 on the same day. This is a significant advantage:

  • The applicant immediately receives an Employment Authorization Document (EAD) - they can work for any employer, regardless of visa status
  • The applicant receives Advance Parole - they can travel internationally without risking their I-485
  • The clock on I-485 processing starts immediately, rather than after a 5-9 month I-140 wait

For applicants filing EB-1A or EB-2 NIW from countries without significant backlogs, concurrent filing is almost always the right strategy.

How to Check Your Priority Date Against the Current Visa Bulletin

Step 1: Find the most recent Visa Bulletin at travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Step 2: Identify your preference category (EB-1, EB-2, EB-3) and your country of birth.

Step 3: Find the corresponding cell in Table A (Final Action Dates).

Step 4: Compare the date in that cell to your priority date.

  • If the cell shows "C" → you can proceed now
  • If the cell shows a date AFTER your priority date → you can proceed now
  • If the cell shows a date BEFORE your priority date → you must wait

Step 5: Check whether USCIS has announced that it will accept Chart B (Filing Date) filings for the current month. If yes, and if the Chart B date is after your priority date, you may be able to file the I-485 now even though the final action date hasn't reached your priority date yet. This gives you EAD/AP while waiting.

Priority Date Portability: Protecting Your Place in Line

One of the most important and underused provisions of employment-based immigration is priority date portability under the American Competitiveness in the 21st Century Act (AC21).

If your I-140 has been approved and your I-485 has been pending for 180 days or more, you can change employers - or change jobs - without losing your priority date, as long as the new job is in the "same or similar occupational classification."

This means:

  • A software engineer can move from one tech company to another without restarting the green card clock
  • A researcher can change universities or move to industry
  • A physician can change hospital systems

The priority date (your place in the queue) survives the employer change. You simply need to notify USCIS of the change and confirm the new position is in the same classification.

This is one of the key protections for H-1B workers with long-pending green card cases. Understanding portability prevents people from staying in jobs they've outgrown solely out of fear of losing their immigration status.

Key Misconceptions About Priority Dates

Misconception 1: The priority date is when you applied for the green card. Not quite. The priority date is the I-140 receipt date (or PERM date). The I-485 (which is the actual green card application) can only be filed once the priority date becomes current.

Misconception 2: Once my priority date is current, I'll get my green card quickly. The I-485 processing takes 8-16 months after filing. A current priority date lets you file; it doesn't guarantee a fast approval.

Misconception 3: Changing employers means starting over. Not if your I-485 has been pending 180+ days and the new job is same or similar. Portability is real and important to know about.

Misconception 4: Premium processing speeds up the green card. Premium processing is available for I-140 only - not I-485. A fast I-140 decision doesn't speed up the adjustment of status process, which is typically the bottleneck.

Misconception 5: An approved I-140 means I have a green card. An approved I-140 establishes your eligibility and locks in your priority date. It is not a green card. You still need to either adjust status (I-485) or go through consular processing to receive the actual green card.

Your Current Priority Date in Context: 2026 Snapshot

As of mid-2026, the approximate situation for key categories:

CategoryMost CountriesIndiaChina
EB-1 (all subcategories)Current or 2021-2022~2019-2020~2019-2020
EB-2 (NIW + PERM)Current or recent~2011-2012~2019-2020
EB-3Current or recent~2011-2012~2019-2020

Dates are approximate and change monthly. Always verify against the current Visa Bulletin.

What This Means for Your Strategy

If you are born in a country other than India or China: The priority date system has minimal impact on your timeline. You can likely file I-140 and I-485 concurrently and receive your green card within 1-3 years of filing.

If you are born in India: The EB-2 path is practically unavailable in a reasonable timeframe. EB-1A is your primary realistic option, with current priority dates around 2019-2020 - still a wait, but orders of magnitude better than EB-2.

If you are born in China: EB-2 NIW may still be practical given the shorter backlog compared to India, but EB-1A remains the fastest path for qualified individuals.

PassRight's attorneys help applicants understand not just whether they qualify for a particular green card category, but whether the timeline makes strategic sense given their country of birth, career stage, and personal goals.

[Get a free evaluation of your priority date strategy →]

Last updated: June 2026. Visa Bulletin dates change every month. Always verify at travel.state.gov. This article is for informational purposes and does not constitute legal advice.