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Priority date — your place in line.

How to find it, how to track it, what to do when it moves the wrong way.

Your priority date is your place in line for an immigrant visa. When it becomes "current" per the Visa Bulletin, you can file I-485 (if in U.S.) or proceed with consular processing. Below: how to find it, track it, and project when it'll move.

What is your priority date?

Priority date is established by the underlying petition or labor certification:

  • Family-based (I-130): Date USCIS receives properly filed I-130
  • Employment-based with PERM: Date DOL receives PERM labor certification
  • Employment-based without PERM (EB-1, EB-2 NIW, EB-5): Date USCIS receives the I-140 or I-526E
  • DV Lottery: Case number rank within region (functions as priority date)

Where to find your priority date

  • Form I-797 receipt notice from USCIS (date stamped on top)
  • Form I-140 / I-130 / I-526E approval notice
  • USCIS Case Status check at uscis.gov
  • NVC welcome letter (for cases that transferred)

How to check if your date is current

  1. Identify your category and country of birth
  2. Look up the current month's Visa Bulletin at travel.state.gov
  3. Find your category/country cell in the chart applicable for your purpose (Final Action Dates for visa issuance, Dates for Filing if USCIS accepts that chart for I-485)
  4. Compare your priority date to the cell's date
  5. If your date is earlier than the cell's date OR cell shows "Current" or "C" → you're current

Tracking forward movement

Charles Oppenheim, the chief of the Visa Control Office, publishes monthly forecasts in addition to the official bulletin. Movement patterns:

  • October: New fiscal year begins; aggressive forward movement common
  • November-March: Steady forward movement in most categories
  • April-June: Movement may slow as annual quotas fill
  • July-September: Some categories may retrogress; final-quarter retrogression common in heavy-demand categories

Retrogression — what to do

If your date retrogresses after you've filed I-485, your case stays in the queue. USCIS holds adjudication until the date moves forward again. You retain EAD/AP renewal eligibility.

If you haven't filed I-485 yet and your date retrogresses, you can't file. Watch the bulletin monthly. The date will eventually move forward again.

Strategies if your date is years away

  • EB-1 upgrade (if EB-2): Stronger evidence might qualify for the much-shorter EB-1 line, with priority date porting
  • Cross-chargeability: If your spouse was born in a country with better dates, charge to their country
  • Concurrent filing window: When Dates for Filing are accepted by USCIS, file I-485 even if Final Action Date isn't current — gets you in the queue and unlocks EAD/AP
  • Priority date porting: Approved I-140 priority dates port to subsequent I-140 filings (e.g., EB-3 → EB-2)
  • Maintain status meanwhile: H-1B can extend beyond 6-year cap with approved I-140; AC21 §104(c) and §106(a)/(b)