What is a priority date? It is the date that sets your place in line for a green card when more people want visas than the law allows. Thousands of people search for it each month, asking how it works, where to find it, and why it does not seem to move.
As of October 31, 2026, this guide explains how the date is set, where it appears, and how to read it against the Visa Bulletin.
- A priority date sets your place in the immigrant visa queue.
- PERM cases use the date DOL accepted the labor certification for processing.
- Petitions without a labor certification use the proper filing date with USCIS.
- Family preference cases generally use the date the Form I-130 was properly filed.
- Your priority date appears on Form I-797, Notice of Action.
- An approved EB-1, EB-2 or EB-3 petition's date can carry to a later petition.
Why does a priority date exist?
Because many categories are capped. USCIS says family preference visas are generally "limited to 226,000 visas per year, and employment-based preference visas are limited to 140,000 visas per year," with country limits on top. "When the demand is higher than the supply of visas for a given year in any given category or country, a visa queue (a waiting list or backlog) forms." The Department of State "uses the priority date to determine an immigrant's place in the visa queue" (USCIS, Visa Availability and Priority Dates).
Not everyone waits in that line. "Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available."
How is your priority date set?
It depends on the category.
| Your case | Your priority date is |
|---|---|
| Employment case with a labor certification (PERM) | "The date the labor certification application was accepted for processing by any office of the Department of Labor" |
| Employment case with no labor certification (such as EB-1A or NIW) | "The date the completed, signed petition (including all initial evidence and the correct fee) is properly filed with USCIS" |
| Schedule A designation | The same proper filing date with USCIS |
| Family preference case | The date the Form I-130, or in some cases Form I-360, "is properly filed with USCIS" |
The employment rules are in 8 CFR 204.5(d), eCFR, and the family rule is on the USCIS Visa Availability page.
The practical effect is significant. In a PERM case your place in line is set at the start of the Department of Labor stage, long before USCIS sees your case. Our guide to PERM step by step covers that stage. In a self-petition, it is set the day USCIS properly accepts your filing, which is one reason incomplete filings can be expensive: "the completed, signed petition" is what counts. Our guide to filing the NIW yourself covers what a complete petition needs.
Where can you find your priority date?
On your approval notice. USCIS says "you can find your priority date on Form I-797, Notice of Action, for the petition filed on your behalf" (USCIS, Visa Availability and Priority Dates). Our guide to I-797 notices shows how to read one.
In a PERM case, your employer or its attorney often holds the paperwork. It is reasonable to ask for a copy of the I-140 approval notice, since you will need it for any future filing. If you cannot get it, a Freedom of Information Act request to USCIS may help you obtain your own records.
What does it mean when a date is current?
That a visa number may be available to you. USCIS says that when your date is current, "immigrants may be able to apply for adjustment of status (or apply for an immigrant visa with DOS if they are outside the U.S.) and obtain lawful permanent resident status, if otherwise eligible" (USCIS, Visa Availability and Priority Dates).
The Visa Bulletin publishes monthly cutoffs by category and country. You compare your date to the cutoff in the relevant chart:
- A date in the chart. Your priority date must be earlier than the listed date.
- C, for current. The USCIS Policy Manual says it means "immigrant visa numbers are currently (or immediately) available to all qualified adjustment applicants and overseas immigrant visa applicants in that particular preference category and country of birth (and chargeability)."
- U, for unavailable. It "means that immigrant visa numbers are temporarily unavailable to all applicants" in that group.
Those definitions come from the USCIS Policy Manual, Vol. 7, Part A, Ch. 6. USCIS adds that you must use the Final Action Dates chart unless its "Adjustment of Status Filing Charts" page says you can use Dates for Filing. Our guide to the two Visa Bulletin charts explains how to tell which applies each month.
How long will you wait?
There is no fixed answer. USCIS says "the waiting time before receiving an immigrant visa or adjusting status depends on the" demand for and supply of visas, per-country limits, and the number of visas allocated for your preference category (USCIS, Visa Availability and Priority Dates).
Country of birth has a big effect, because of the country limits. Your chargeability is "usually the country of birth," not your citizenship, which is why our guide to country of chargeability matters if you were born in a backlogged country. Dates can also move backward, which is called retrogression.
Can your date change?
It can carry over to a later petition. The regulation says an approved petition under the first, second or third employment preference "accords the alien the priority date of the approved petition for any subsequently filed petition" in those categories, and that a person with several approved petitions "shall be entitled to the earliest priority date" (8 CFR 204.5(e)(1), eCFR).
There are limits. You can lose the date if USCIS revokes the petition for "fraud, or a willful misrepresentation of a material fact," for a revoked or invalidated labor certification, or for "a material error" (8 CFR 204.5(e)(2), eCFR).
Is the priority date the same as your filing date?
Sometimes, and this is where people get confused. In a self-petition or a family preference case, the date is tied to the petition you filed with USCIS. In a PERM case, the date comes from the earlier filing at the Department of Labor, so it can be well before your I-140 was filed. If you have more than one approved petition, check each notice and use the earliest date you are entitled to keep. Asking your attorney to confirm the date on file is worth the short conversation, because a wrong date in your notes can make you miss a filing window.
What about spouses and children?
They generally share the principal's date in the same case. A spouse may also matter in another way: chargeability to a spouse's country is allowed in some cases, which can move a family into a shorter line. Check that with your attorney if you were born in different countries. Children who may turn 21 need to watch the Child Status Protection Act, since the calculation runs from visa availability.
What this means for you
- Find your date on your I-797, and keep a copy.
- Note your category and country of chargeability, because the date means nothing without them.
- Check the Visa Bulletin monthly, and confirm which chart USCIS is using.
- Keep approved petitions safe, since they may support a later filing.
- Make self-petition filings complete, since that sets the date.
Where to start
Because a self-petition sets your date when it is properly filed, timing can matter. Our free evaluation at /evaluate/ checks whether EB-1A or the NIW fits your profile, and Frank, our AI assistant at /frank, helps you build the evidence. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 31, 2026.
- USCIS, Visa Availability and Priority Dates. Limits; queue; finding your date; family priority dates.
- 8 CFR 204.5 (eCFR, current text). Employment priority dates; retention; limits.
- USCIS Policy Manual, Vol. 7, Part A, Ch. 6. Meaning of C and U in the Visa Bulletin.
Frequently asked questions
What is a priority date in simple terms?
It is your place in line. Some green card categories have annual limits, so demand can exceed the visas available. The Department of State uses your preference category, your country of chargeability and your priority date to decide when a visa can be issued. Earlier dates generally go first. Immediate relatives of U.S. citizens do not wait in this line.
How do I find my priority date?
USCIS says you can find it on Form I-797, Notice of Action, for the petition filed on your behalf. For employment cases, also check the Priority Date box on the I-140 approval notice. If your employer or attorney holds the notice, ask for a copy. You can request your own records through a FOIA request if needed.
What does it mean when my priority date is current?
It means a visa number may be available for your category and country. USCIS says immigrants may then be able to apply for adjustment of status, or for an immigrant visa if abroad, if otherwise eligible. A date is current when it is earlier than the cutoff in the relevant chart, or when the chart shows a C.
Do I need a priority date for EB-1A or NIW?
You get one automatically. With no labor certification, your priority date is the date your completed, signed petition, including initial evidence and the correct fee, is properly filed with USCIS. Whether it matters depends on your category and country. If your category is current, you may be able to file an I-485 right away.
Can I lose my priority date?
Yes, in limited situations. An employment-based priority date can be lost if USCIS revokes the petition for fraud or willful misrepresentation, if the labor certification is revoked or invalidated, or if approval was based on material error. Otherwise, the date from an approved EB-1, EB-2 or EB-3 petition can generally carry over to a later petition.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
