Priority date is the date that determines an immigrant's place in the queue for a green card under a family or employment category. The date is set when the petition is filed and determines when a visa becomes available. The U.S. Department of State (DOS) publishes the Visa Bulletin each month, which allows tracking the queue's movement.

How It Works

Immigrant visas under family and employment categories are limited by law: according to DOS, the cap for fiscal year 2026 is 226,000 visas for family categories and at least 140,000 for employment categories. When demand exceeds supply, a queue forms. DOS distributes visas in chronological order of priority dates — by preference category and country of chargeability (usually the country of birth).

According to USCIS, a visa is considered available when the applicant's priority date is earlier than the cut-off date listed in the bulletin for the corresponding category and country. The symbol "C" (current) means visas are available to all applicants in the category without date restrictions. The symbol "U" means visas are temporarily unavailable.

DOS describes the following distribution process: each month, consular officers and USCIS report documentarily qualified applicants to the Department of State; distribution occurs in chronological order based on applications received up to a certain date. If demand in a category or by country exceeds the limit, the category is considered oversubscribed, and a cut-off date is set.

How the Priority Date Is Set

The mechanics depend on the type of petition. USCIS describes the following rules:

  • Family categories: the priority date is the date a properly filed Form I-130 (or in certain cases Form I-360) is received by USCIS.
  • Employment categories requiring DOL labor certification: the priority date is the date the Department of Labor (DOL) accepts the labor certification application for processing. The Form I-140 must be filed within 180 days of the DOL approval date — otherwise the labor certification becomes invalid.
  • Employment categories without labor certification: the priority date is the date Form I-140 is accepted by USCIS.
  • Fourth employment category (special immigrants, including religious workers): the date Form I-360 is accepted by USCIS.
  • Fifth employment category (investors): the date Form I-526 is accepted by USCIS.

The priority date can be found on Form I-797 (Notice of Action).

Retrogression: When the Queue Moves Backward

USCIS explains that a priority date that is current in one month may no longer be current the next: the cut-off date can move backward. Visa retrogression occurs when the number of applicants exceeds the available monthly limit — typically when the annual limit for a category or country is exhausted or nearly exhausted. With the start of the new fiscal year on October 1, a new volume of visa numbers becomes available; usually, but not always, cut-off dates return to levels before retrogression.

What is a priority date?

Priority date is the date that fixes an immigrant's place in the queue for a visa under a family or employment category. The Department of State uses it to determine the order of distribution of a limited number of visas: applicants are served in chronological order of priority dates. The earlier the date, the closer to the front of the queue.

How do I know if my priority date is current?

Each month DOS publishes the Visa Bulletin with two tables of cut-off dates. If the applicant's priority date is earlier than the cut-off date for their category and country of chargeability, the visa is considered available. If the table shows "C", the visa is available to all applicants in the category regardless of date. The current tables are published on the Department of State website; USCIS indicates on its website which of the two tables should be used for filing Form I-485 (application to adjust status) in a given month.

What is the difference between Dates for Filing and Final Action Dates?

DOS publishes two tables in each Visa Bulletin. Final Action Dates — the main table: it shows when a visa can actually be issued. Dates for Filing — an additional table with earlier dates, allowing applicants to begin gathering documents in advance. By default, the Final Action Dates table is used for filing Form I-485; the Dates for Filing table may be used only when USCIS officially announces it on its website — in cases where more visas are available than known applicants.