Each month, the U.S. Department of State (DOS) releases the Visa Bulletin, which determines when individuals can move forward in the Green Card process. For those applying through employment-based immigration, tracking your “Priority Date” is critical. But what exactly does it mean for that date to be “current,” and how does it affect your ability to file or get approved?
Let’s break it down.
What Is a Priority Date?
Think of your Priority Date as your official spot in line for a Green Card. This date marks when your case enters the system—and it’s used to determine your eligibility to move forward as visa numbers become available.
How your Priority Date is assigned depends on how your case is filed:
- If your case requires labor certification: Your Priority Date is the day the U.S. Department of Labor (DOL) receives the PERM application.
- If no labor certification is needed: Your Priority Date is the date that USCIS receives your I-140 Immigrant Petition.
Filing vs. Approval: Two Key Dates to Know
The Visa Bulletin includes two important dates each month:
- Dates for Filing: This signals when you are allowed to submit your Adjustment of Status (AOS) application to USCIS.
- Final Action Dates: This determines when USCIS can take the final step to approve your AOS and issue your Green Card.
Even if USCIS allows you to file early under the “Dates for Filing,” the agency cannot approve your case until your “Final Action Date” is current.
Why Country of Birth (Not Citizenship) Matters
Your country of chargeability—typically your country of birth—can significantly impact how long it takes for your Priority Date to become current. For example, someone born in India may face longer wait times due to high demand, even if they are now a citizen of another country. Some exceptions apply, such as when you are married to someone born in a different country.
Employment-Based Green Card Categories: Which One Are You In?
Green Cards through employment are divided into five categories, each with different criteria and processing timelines:
- First Preference (EB-1) – Individuals with exceptional talent, including researchers, professors, and executives of multinational companies.
- Second Preference (EB-2) – Professionals with advanced degrees or outstanding ability in their field.
- Third Preference (EB-3) – Skilled workers, professionals holding at least a bachelor’s degree, and certain other workers.
- Fourth Preference (EB-4) – Special immigrants such as religious workers, certain government employees, and juveniles with specific protections.
- Fifth Preference (EB-5) – Investors who meet minimum investment and job creation requirements.
The category you fall under depends on your job offer, education, and work experience. Each category has different visa quotas and demand, which can affect how quickly your Priority Date becomes current.
What Is Retrogression and Why Does It Matter?
Sometimes, the Visa Bulletin moves backward instead of forward. This is called retrogression, and it happens when demand for Green Cards in a particular category or country exceeds the available supply.
If you file your AOS application when your date is current but your Final Action Date later retrogresses, USCIS cannot approve your case until your date becomes current again. However, during this waiting period, you can typically renew your work and travel permits (EAD/AP).
Final Thoughts
Understanding how your Priority Date, visa category, and country of chargeability intersect is essential to navigating the employment-based Green Card process. The Visa Bulletin can shift from month to month, so staying informed is key.
At NPZ Law Group, we help individuals and employers chart the best course through complex immigration processes. If you’re unsure about your status—or when to file—our experienced team is here to help.
FAQs
Q: Where do I find the Visa Bulletin?
A: It’s published monthly on the U.S. Department of State website.
Q: If my Priority Date retrogresses after filing, do I lose my spot?
A: No, your case remains in the system. USCIS will finalize it once your date becomes current again.
Q: Can I change my employment category after filing?
A: In some cases, yes—this is known as “interfiling” or a “category upgrade.” You should consult with an immigration attorney to explore this option.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.