Employment-based immigrationWhat is Priority Date: How do you know when it’s your turn for a green card?

The process of obtaining a U.S. green card through employment-based (EB) categories—EB-1, EB-2, and EB-3—can be complex, with the Priority Date serving as a critical milestone. For applicants in these categories, the Priority Date determines their place in the queue for an immigrant visa, dictating when they can proceed with the final stages of their green card application. The U.S. Department of State’s monthly Visa Bulletin is the key tool for tracking this progress. As of 2025, understanding how to read the Visa Bulletin and monitor your Priority Date is essential for navigating the green card process efficiently. This guide provides a comprehensive overview for EB-1, EB-2, and EB-3 applicants, offering insights into the Priority Date system, how to interpret the Visa Bulletin, and strategies to stay informed about your case progression.

What Is a Priority Date?

The Priority Date is the date when an immigrant visa petition is officially filed with the U.S. Citizenship and Immigration Services (USCIS) or, in some cases, when a labor certification application (PERM) is submitted to the Department of Labor. It acts as a placeholder in the visa queue, marking your position based on the filing date. The Priority Date is critical because the U.S. government limits the number of green cards issued annually, particularly in employment-based categories, leading to backlogs for high-demand countries like India and China.

For EB-1 (Priority Workers), EB-2 (Advanced Degree Holders or Exceptional Ability), and EB-3 (Skilled Workers, Professionals, and Other Workers), the Priority Date is typically found on the Form I-797, Notice of Action, issued after the approval of a Form I-140 (Immigrant Petition for Alien Worker). If a PERM labor certification is required (common for EB-2 and EB-3), the Priority Date is the date the PERM application was filed. In fiscal year 2024, USCIS processed over 160,000 employment-based immigrant visas, with EB-2 and EB-3 categories facing significant backlogs due to per-country caps set at 7% of the total visa allocation (approximately 25,620 visas per country annually).

Why Priority Dates Matter

The U.S. Immigration and Nationality Act (INA) caps the number of employment-based green cards at a minimum of 140,000 per year, distributed across five preference categories (EB-1 through EB-5). Each category receives a percentage of this total: EB-1, EB-2, and EB-3 each get approximately 28.6% (around 40,000 visas). However, demand often exceeds supply, especially for applicants from oversubscribed countries. When demand outstrips visa availability, a backlog forms, and applicants must wait until their Priority Date becomes “current” in the Visa Bulletin to proceed with adjustment of status (Form I-485) or consular processing.

For example, in 2024, Indian nationals in the EB-2 category faced wait times exceeding 12 years due to high demand, while EB-1 applicants from China encountered delays of over two years. These backlogs highlight the importance of tracking your Priority Date to anticipate when you can move forward.

How to Read the Visa Bulletin

The Visa Bulletin, published monthly by the U.S. Department of State, summarizes visa availability for family- and employment-based categories. For EB-1, EB-2, and EB-3 applicants, it provides two key charts:

  • Final Action Dates: Indicates when a green card can be issued or an adjustment of status application approved. If your Priority Date is earlier than the listed date for your category and country, a visa number is available, and USCIS or a consulate can finalize your case.
  • Dates for Filing: Shows when applicants can submit Form I-485 (if in the U.S.) or DS-260 (if abroad) to initiate the final stage of the green card process. USCIS announces monthly whether it will accept filings based on this chart or the Final Action Dates chart.

The Visa Bulletin lists cut-off dates by preference category and country of chargeability (usually the applicant’s country of birth). A “C” (Current) indicates no backlog, meaning visas are immediately available. A specific date (e.g., January 1, 2013) means only applicants with Priority Dates earlier than that date can proceed. If no date is listed or the category is “Unavailable,” no visas are available for that period.

In the June 2025 Visa Bulletin, for instance, EB-2 for Mexico and the Philippines advanced by nearly four months, while EB-1 remained current for most countries except India (cut-off: February 15, 2022) and China (November 8, 2022). EB-3 for India progressed to April 1, 2013, reflecting slow but steady movement.

Visa Bulletin Trends and Movements

Priority Date movements in the Visa Bulletin depend on visa demand, annual allocations, and unused visas from other categories. Movements can be forward (advancement), backward (retrogression), or stagnant. Retrogression occurs when demand exceeds available visas, pushing cut-off dates earlier. For example, the EB-4 category became unavailable in February 2025 due to reaching its annual limit, halting processing until October 2025.

Historically, the start of the fiscal year (October 1) often sees advancements due to a fresh visa supply. In October 2024, EB-3 for the Philippines advanced nearly two years, while EB-2 and EB-3 for India remained heavily backlogged. The table below summarizes Final Action Dates for select countries in the June 2025 Visa Bulletin.

Table 1: Final Action Dates for EB Categories (June 2025)
Category India China All Other Countries
EB-1 February 15, 2022 November 8, 2022 Current
EB-2 January 1, 2013 December 1, 2020 October 15, 2023
EB-3 April 1, 2013 November 1, 2020 February 8, 2023

Visualization of Visa Bulletin Movements (June 2025)

The chart above illustrates the approximate backlog duration for key EB categories as of June 2025, highlighting the significant wait times for Indian and Chinese applicants in EB-2 and EB-3.

Steps to Track Your Priority Date

Monitoring your Priority Date involves regular engagement with the Visa Bulletin and USCIS resources. Here’s how to stay informed:

  1. Locate Your Priority Date: Check Form I-797 or your PERM filing receipt. If unsure, contact your employer or immigration attorney.
  2. Check the Visa Bulletin Monthly: Visit the Department of State’s website to review the latest bulletin, focusing on your category (EB-1, EB-2, or EB-3) and country of chargeability.
  3. Understand USCIS Filing Instructions: USCIS announces whether to use the Dates for Filing or Final Action Dates chart. In June 2025, USCIS mandated using Final Action Dates for employment-based filings.
  4. Monitor Trends: Note advancements or retrogressions. For instance, EB-3 India advanced two weeks in May 2025, while EB-4 became unavailable due to high demand.
  5. Consult Professionals: Immigration attorneys can provide personalized guidance, especially for complex cases involving category changes or dependent aging-out risks.

By staying proactive, applicants can anticipate when their Priority Date will become current, enabling timely submission of Form I-485 or DS-260.

Strategies to Optimize Your Green Card Process

While waiting for your Priority Date to become current, consider these strategies to potentially expedite your green card process:

  • Category Upgrades: If eligible, “upgrade” from EB-2 or EB-3 to EB-1 by demonstrating extraordinary ability or outstanding research credentials. This retains the original Priority Date but leverages EB-1’s shorter wait times for some countries.
  • Cross-Chargeability: If your spouse was born in a country with less backlog (e.g., Pakistan instead of India), you may use their country of chargeability, significantly reducing wait times.
  • Premium Processing: For EB-1 and some EB-2 cases, premium processing for Form I-140 ($2,805 in 2025) can reduce petition approval time to 15 days, though it doesn’t affect visa availability.
  • Concurrent Filing: If your Priority Date is current per the Dates for Filing chart, file Form I-140 and I-485 concurrently to lock in dependent children’s ages and avoid aging-out issues.

These strategies require careful planning, as changing categories or filing concurrently involves additional costs and risks. In 2024, approximately 10% of EB-2 applicants successfully downgraded to EB-3 to take advantage of faster-moving queues, according to USCIS data.

Challenges and Considerations

The green card process is fraught with challenges, particularly for EB-2 and EB-3 applicants from India and China. Retrogression remains a significant hurdle, as seen in the EB-4 category’s unavailability in 2025. Dependent children risk “aging out” (reaching 21) before the Priority Date becomes current, potentially requiring separate visa petitions. For example, a 2024 McKinsey report noted that Indian EB-2 applicants with children aged 14 may face difficulties securing dependent status due to 12-year backlogs.

Additionally, policy changes or unexpected visa demand can disrupt projections. The EB-5 category, for instance, saw retrogression for India in 2025 due to increased demand, underscoring the need for vigilance. Applicants must also ensure compliance with USCIS requirements, as errors in Form I-485 or DS-260 can delay processing.

Conclusion

Understanding your Priority Date and mastering the Visa Bulletin are pivotal for EB-1, EB-2, and EB-3 applicants navigating the U.S. green card process. By regularly monitoring the Visa Bulletin, leveraging strategic filing options, and staying informed about USCIS policies, applicants can better anticipate their timeline and optimize their chances of success. As of 2025, with employment-based visa demand remaining high, proactive engagement with the process is more critical than ever. Whether you’re a priority worker, advanced degree holder, or skilled professional, staying informed empowers you to move closer to permanent residency.

Sources

Main Types of U.S. Immigration & Business Visas
EB-2
For professionals, scientists, and advanced degree holders
EB-2A
For holders of master's or doctoral degrees
EB-2B
For professionals with exceptional ability
EB-3
For skilled, professional, and unskilled workers
O-1
For individuals with extraordinary ability (science, arts, sports, business)
EB-1
For outstanding individuals, professors, and executives
EB-1A
For individuals with extraordinary talent (science, arts, sports)
EB-1B
For outstanding professors and researchers
EB-1C
For multinational managers and executives
L-1
For intracompany transferees and managers
E-2
For investors and entrepreneurs
E-1
For entrepreneurs and companies engaged in trade with the U.S.

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