Priority Dates & The Visa Bulletin

Navigating the Queue for U.S. Permanent Residence

What is a Priority Date?

Think of your Priority Date (PD) as your “ticket number” in the waiting line for a Green Card. It officially establishes your place in the queue. You cannot obtain a Green Card until your ticket number is called—meaning your Priority Date becomes “Current” according to the monthly Visa Bulletin.

Establishing Your Place in Line

Family-Based Cases

The Rule: Your Priority Date is the date USCIS received your Form I-130 petition.

Look for the “Priority Date” box on your I-797 Receipt Notice.

Employment-Based Cases

Scenario A (PERM Required): The date the ETA-9089 Labor Certification was filed with the Department of Labor.

Scenario B (NIW / EB-1): The date USCIS received your Form I-140 petition (since no PERM is needed).

Why Are Priority Dates Necessary?

Congress set strict annual limits on immigration back in 1990, and these caps have not been adjusted since.

  • Family Preference Cap: 226,000 visas / year
  • Employment Based Cap: 140,000 visas / year
  • The 7% Country Limit: No single country can take more than 7% of the total visas.

This is why applicants born in high-population countries (China, India, Mexico, Philippines) face significantly longer backlogs than applicants from the “Rest of the World.”

The 5 Employment Preferences

  • EB-1: Extraordinary Ability, Professors, Managers
  • EB-2: Advanced Degree (NIW, PERM)
  • EB-3: Professionals & Skilled Workers
  • EB-4: Special Immigrants
  • EB-5: Investors

How to Read the Visa Bulletin

1. Chart A: Final Action Dates

This chart tells you when your Green Card can actually be approved (issued). If your PD is earlier than the date shown here, your wait is theoretically over.

2. Chart B: Dates for Filing

This chart tells you when you can submit your I-485 application. These dates are often months ahead of Chart A.

Note: You must check the USCIS website each month to see if they are honoring Chart B.

Decoding the Symbols

“C” = Current

No backlog! You can file your application immediately.

“U” = Unauthorized

No visas available. Filing is not allowed.

Date (e.g. 01JAN22)

The Cutoff. Your PD must be earlier than this date to file.

🚀 Pro Strategy: Cross-Chargeability

Is your country of birth backlogged (e.g., India or China)? But is your spouse born in a “Rest of World” country (e.g., Canada, France)?

You can use your spouse’s country of birth to determine your priority date. This legal provision can instantly clear years of waiting time. Ask us if you qualify.

Confused by the Bulletin?

Missing a filing window can mean waiting months for the dates to become current again. Wang Law PLLC monitors the Visa Bulletin for our clients to ensure timely filing.


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