Which event sets your priority date
The priority date is fixed by the first qualifying filing in your case, not by when it is approved.[1][2]
| Path | Priority date is | Shown on |
|---|---|---|
| Family preference (F1–F4) | Date the I-130 petition was properly filed | I-130 receipt and approval notices (I-797) |
| EB-2 / EB-3 with PERM | Date the Department of Labor accepted the labor certification for processing | PERM certification; I-140 approval notice |
| EB-1, EB-2 NIW, other no-PERM cases | Date the I-140 (or other petition) was properly filed with USCIS | I-140 receipt and approval notices |
| Immediate relatives of U.S. citizens | Not needed: no annual limit and no Visa Bulletin wait | – |
How to find your priority date
Look for the box labeled Priority Date on your Form I-797 receipt or approval notice for the I-130 or I-140. If the box is empty on a receipt, the approval notice will show it. For PERM-based cases, the date on the I-140 approval should match the PERM filing date.[2]
- Use the date exactly as printed: day, month and year.
- Your country of chargeability is normally your country of birth, not citizenship. A spouse may be charged to the other spouse's country if that is more favorable.[4]
- Your category is the preference on the approved petition (for example EB-2 or F4).
When a priority date is current
A priority date is current when it is earlier than the cut-off date listed for your category and chargeability country in the Visa Bulletin, or when the category shows C.[5] In November 2026, USCIS accepts the Dates for Filing chart for employment cases, where EB-2 India is 15 Jan 2015, and the Dates for Filing chart for family cases, where F2B Mexico is 22 Mar 2011.[6][7]
So an EB-2 applicant born in India with a priority date of 1 January 2015 could file in November 2026, while one with a 2016 date could not. Check yours with the priority date calculator, see this month's full chart on the visa bulletin page, and learn which chart applies on the USCIS visa bulletin page.
Keeping your priority date
In employment cases, a priority date from an approved I-140 is generally retained for any later employment-based petition, for example when you change employers or move from EB-3 to EB-2. It is lost only if the approval is revoked for fraud or willful misrepresentation, the labor certification is invalidated, or USCIS finds a material error in the approval.[2]
In family cases, the petition keeps its original priority date when the category changes automatically. For example, when a permanent-resident petitioner naturalizes, an unmarried son or daughter over 21 moves from F2B to F1 with the same date, and a child marrying moves the case from F1 to F3.[3] Which category is faster changes by country: compare the rows on the green card wait time page.
Priority dates and children who turn 21
A spouse or child included as a derivative uses the principal's priority date.[1] A child who turns 21 can lose derivative status, but the Child Status Protection Act lets USCIS subtract the time the petition was pending from the child's age on the date a visa became available, provided the child seeks permanent residence within one year.[8] For applications filed on or after August 15, 2025, USCIS uses the Final Action Dates chart to decide when a visa "became available" for this calculation, even in months when it accepts filings under Dates for Filing.[9]
Common priority date mistakes
- Using the I-140 approval date instead of the PERM filing date.
- Comparing with the wrong chart. USCIS's monthly choice decides whether you can file; the Final Action chart decides approval.
- Using country of citizenship instead of country of birth.
- Assuming a date that was current last month is still current. Dates can retrogress, as the EB-2 India history shows.
Frequently asked questions
What is a priority date for a green card?
It is the date that sets your place in line in a numerically limited green card category. It comes from the filing date of your I-130, your PERM labor certification or your I-140, depending on the path.
Does my priority date change if I change jobs?
Generally no. Once an I-140 is approved, its priority date can usually be carried to a new employer’s petition, unless the approval is revoked for fraud, the labor certification is invalidated or there was a material error.
What does it mean when my priority date is current?
Your date is earlier than the cut-off for your category and country in the chart that applies, or the category is C. You can then file the I-485 if USCIS accepts that chart, or be approved if it is the Final Action chart.
Is the priority date the same as the receipt date?
For family petitions it usually is. For PERM-based employment cases it is the earlier date the Department of Labor accepted the labor certification, not the I-140 receipt date.
Sources
- 22 CFR 42.53: Priority date of individual applicants
- 8 CFR 204.5: Petitions for employment-based immigrants (priority date, 204.5(d))
- 8 CFR 204.2: Petitions for relatives (automatic conversion of preference classification, 204.2(i))
- 8 U.S.C. 1152 (INA 202): numerical limitations on individual foreign states
- Visa Availability and Priority Dates
- When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: November 2026
- Adjustment of Status Filing Charts from the Visa Bulletin
- 8 U.S.C. 1153 (INA 203): allocation of immigrant visas
- Policy Manual, Volume 7, Part A, Chapter 7: Child Status Protection Act