Glossary
What is a priority date?
Your priority date is your place in the green card line. Here is how it is set, how you keep it, and how you can lose it.
Last checked October 2026 · Sources
- Set by
- 8 CFR 204.5(d)
- EB-1A and NIW date
- Date the I-140 is properly filed
- Kept for later petitions
- Yes, once approved
- Transferable to others
- No
Quick answer
What is a priority date?
A priority date is your place in the green card line. For EB-1A, EB-1B and EB-2 NIW, it is the date your Form I-140 is properly filed. The form must be complete and signed, with the initial evidence and correct fee. For cases that need a labor certification, it is the date the Department of Labor accepted that application.
- The State Department uses it to place you in the visa queue.
- You can move forward when it is earlier than the cut-off date in the Visa Bulletin.
- An approved EB-1, EB-2 or EB-3 petition lets you keep it for a later petition.
- A denied petition does not give you a priority date.
In plain words
How your priority date is set
It depends on whether your case needs a labor certification from the Department of Labor.
| Your case | Your priority date is | Rule |
|---|---|---|
| EB-1A, EB-1B, EB-1C, EB-2 NIW (no labor certification) | The date your complete, signed I-140 (with all initial evidence and the correct fee) is properly filed with USCIS | 8 CFR 204.5(d) |
| EB-2 or EB-3 with a labor certification | The date the Department of Labor accepted the labor certification application for processing | 8 CFR 204.5(d) |
Source: 8 CFR 204.5(d).
The rules
Keeping and losing your priority date
-
You can carry it forward
An approved EB-1, EB-2 or EB-3 petition gives its date to a later petition in any of those categories. (8 CFR 204.5(e)(1))
-
The earliest date wins
If you have more than one approved petition, you get the earliest priority date.
-
A denial gives you nothing
The rule says a denied petition will not establish a priority date. (8 CFR 204.5(e)(3))
-
It is yours alone
A priority date cannot be transferred to another person. (8 CFR 204.5(e)(4))
-
It can be lost
You cannot keep it if USCIS revokes the approval for fraud, willful misrepresentation or material error. It is also lost if the labor certification is revoked or invalidated. (8 CFR 204.5(e)(2))
Why it matters for you
Why your priority date matters
-
It sets your wait
If your category and country have a backlog, an earlier date means an earlier turn. Check the Visa Bulletin page.
-
Your country counts
Cut-off dates differ by country of chargeability, usually your country of birth. (USCIS)
-
Approval is what protects it
Filing a thin case early does not help if it is denied. A partner-firm attorney helps you judge when your record is ready.
Where it comes from
The legal source
The priority date is set by 8 CFR 204.5(d). Keeping it for a later petition is covered by 8 CFR 204.5(e). USCIS explains that the State Department uses it to place you in the visa queue. (USCIS)
Go deeper
Related terms and guides
Priority date retention
Which approvals carry forward, and what destroys a retained date.
Read more BlogEB-1 priority dates and retrogression
Why dates move, and why they can move backward.
Read more BlogCountry of chargeability
Which country column of the bulletin is yours.
Read more GlossaryMatter of Dhanasar
The three-prong test for the EB-2 NIW.
Read moreFAQ
Questions people ask
On the date your complete I-140 is properly filed with USCIS. But a denied petition does not establish a priority date. (8 CFR 204.5(d) and (e))
Generally yes, if the earlier EB-2 petition was approved and the approval was not revoked for one of the reasons in the rule. A partner-firm attorney confirms this for your case.
USCIS says a “C” means visas are immediately available to all qualified applicants in that category and country. Your priority date is not what holds you back that month.
No, the date itself is the same. But the cut-off date you compare it to depends on your country of chargeability, which is usually your country of birth.
Yes, in limited cases. You lose it if USCIS revokes the approval for fraud, willful misrepresentation or material error. The same applies if the labor certification is revoked or invalidated. (8 CFR 204.5(e)(2))
See where you stand before you file
The free evaluation shows how your record lines up for EB-1A, EB-2 NIW and O-1. A partner-firm attorney confirms eligibility before anything is filed. This is general information, not legal advice.
Sources · checked October 2026
- 8 CFR 204.5 (d) and (e), Legal Information Institute, Cornell Law School
- USCIS, Visa Availability and Priority Dates
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
