What is Priority Date?

LiveRec EditorialUpdated

A priority date is your place in line for an employment-based green card. In a PERM case it is the date DOL accepts the application; with no PERM, the date USCIS accepts the I-140. Your place in line matters because green card availability depends on the date and on your country and category.

How it is set, per USCIS

Case typePriority date is
Employment-based with labor certificationThe date DOL accepts the labor certification. The I-140 must then be filed within 180 days of DOL approval to keep it.
Employment-based without labor certificationThe date USCIS accepts the Form I-140
Family-sponsoredThe date the Form I-130 is properly filed

You can find your priority date on your Form I-797 Notice of Action.

Using it with the Visa Bulletin

The State Department publishes charts that show a cut-off date for each category and country. You may file Form I-485 when your priority date is earlier than the cut-off date, or when the chart shows "C" for current. USCIS says to use the Application Final Action Dates chart unless it announces that you may use Dates for Filing.

Common mistakes

  • Using the wrong chart. Check which chart USCIS says applies this month.
  • Reading the wrong category or country column.
  • Confusing the priority date with the date a notice was mailed.

How it shows up for job seekers

Anyone changing employers mid-process wants to know what happens to the date. That depends on the case, so ask your attorney before you resign.

Example

Compare your date with the Visa Bulletin chart for your category and country.

Sources

This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.