Priority Dates: Your Place in Line for a US Green Card
Your priority date is your place in line for a family-preference or employment-based green card. It is usually the date USCIS received your Form I-130 or I-140 petition, or the date the Department of Labor received your PERM labor certification if one was required. When the Visa Bulletin date for your category and country passes your priority date, you can take the final green card step.
On this page
- Family cases
- Date USCIS received Form I-130
- Employment cases with PERM
- Date DOL received the PERM application
- Employment cases without PERM
- Date USCIS received Form I-140 (EB-1, EB-2 NIW)
- EB-5 investors
- Date USCIS received Form I-526 or I-526E
- Where to find it
- On your I-797 receipt or approval notice
- When it is current
- When it is earlier than the Visa Bulletin date for your category
- Keeping it
- Usually kept after I-140 approval, even with a new employer
How to find your priority date
Look at your Form I-797 receipt or approval notice from USCIS. The "Priority Date" box shows it. For employment cases with a PERM labor certification, the priority date on the I-140 approval should match the date DOL received the PERM.
If you are processing through the National Visa Center, your priority date also appears in NVC's welcome letter and in the Consular Electronic Application Center.
How do you know when it is current?
Each month, the Visa Bulletin lists a cutoff date for each category and country. Your date is current when it is earlier than the listed date, or when the chart shows "C."
| Your priority date | Bulletin date for your category | Current? |
|---|---|---|
| March 3, 2019 | June 1, 2019 | Yes |
| March 3, 2019 | January 15, 2019 | No |
| Any date | C | Yes |
| Any date | U | No |
There are two charts. The Final Action Dates chart decides when a green card can be approved. The Dates for Filing chart lets you start paperwork earlier in some months. Our Visa Bulletin tracker shows current dates and how each line has moved over time.
Keeping your priority date in employment cases
- After I-140 approval: you generally keep your priority date for future employment petitions, even if you change jobs, unless the I-140 is revoked for fraud, misrepresentation, or a material error. If the employer withdraws an approved I-140 after 180 days, it still counts for priority date purposes.
- Changing categories: if you qualify for a better category (for example, from EB-3 to EB-2), a new I-140 in that category can often use your older priority date. This is called "porting."
- A new employer usually must file a new PERM and I-140, but your old priority date carries over once you have an approved I-140.
- H-1B workers with an approved I-140 can extend H-1B status in 3-year steps beyond the 6-year limit while waiting.
See PERM labor certification for how the employment process starts.
Family cases: when life changes your category
Family preference categories can change automatically, and your priority date usually moves with you:
| Event | Effect |
|---|---|
| Green card holder parent or spouse becomes a US citizen | Spouse and children under 21 become immediate relatives (no waiting); adult unmarried children move from F2B to F1 |
| F1 beneficiary (adult child of a citizen) marries | Moves to F3, keeping the date |
| F2A or F2B beneficiary (child of a green card holder) marries | The petition is automatically revoked; there is no category for married children of green card holders |
| Child turns 21 | May move from F2A to F2B, unless the Child Status Protection Act (CSPA) protects them |
| Petitioner dies | Some beneficiaries can continue under special rules; talk to a lawyer |
In a few cases, moving from F2B to F1 would mean a longer wait (for example, for some Filipino applicants). The law lets the beneficiary choose to stay in F2B.
Aging out and the Child Status Protection Act
Children must be under 21 to qualify as "children." The Child Status Protection Act (CSPA) can freeze or reduce a child's age for immigration purposes. In general, CSPA age is the child's age when a visa became available, minus the time the petition was pending. The child must also take steps to get the green card within 1 year of the visa becoming available.
How USCIS calculates CSPA age has changed in recent years. If a child in your case is close to 21, have a licensed immigration lawyer do the calculation.
Practical tips
- Keep copies of all I-797 notices; you may need them years later.
- File petitions early. A priority date only starts when the petition is filed.
- Watch the bulletin each month, especially from July to October when dates often shift.
- Update your address with USCIS and the National Visa Center so you do not miss notices.
- When your date becomes current, act quickly, whether through adjustment of status or consular processing.
Frequently asked questions
Where do I find my priority date?
On your Form I-797 receipt or approval notice from USCIS, in the Priority Date box.
What does it mean when my priority date is current?
Your priority date is earlier than the Visa Bulletin cutoff date for your category and country, so you can move to the final green card step.
Do I lose my priority date if I change jobs?
Usually not, once your I-140 has been approved. A new employer's petition can generally use your earlier priority date.
Does my priority date change if my parent becomes a citizen?
No. You keep the same date, but your category may change, for example from F2B to F1.
What happens if a child turns 21 while waiting?
The Child Status Protection Act may protect the child. The calculation is technical, so ask a lawyer.
Official sources
- USCIS: Visa Availability and Priority Datesuscis.gov
- State Department: Visa Bulletintravel.state.gov
- USCIS: Child Status Protection Actuscis.gov
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.