What is a priority date?
A priority date is your place in line for a green card. When there are more applicants than yearly visas, the date decides whose turn comes first. This guide explains what it is, how it is set, and how it is used. If you need to locate yours, read How to find your priority date.
General information only, not legal advice. Priority date rules depend on the type of petition and on your facts. Please confirm yours with your official notices and with a licensed immigration attorney or a DOJ-accredited representative.
The short answer
The priority date is a date attached to an immigrant petition. It is compared with the cutoff dates in the monthly Visa Bulletin. When the cutoff for your category and country passes your priority date, a visa number is available for you and you can move to the next step.
How the date is set
- Family-sponsored cases. The priority date is generally the date the Form I-130, Petition for Alien Relative, was properly filed and received.
- Employment-based cases. If the job requires a labor certification, the priority date is generally the date the Department of Labor accepted that application for processing. If no labor certification is required, it is generally the date the Form I-140 was properly filed.
Other situations exist, so your own notice is the best guide.
Who has a priority date
- The main person the petition is for (the beneficiary) has one.
- A spouse or child who is listed as a derivative on the same petition generally uses the same priority date as the main beneficiary.
- Immediate relatives of U.S. citizens do not wait for a priority date to become current, because their category has no yearly limit.
Why it matters
- It decides when a visa becomes available, using the Visa Bulletin.
- An earlier priority date is a better place in line.
- For the Child Status Protection Act, the month the priority date becomes current helps determine a child’s age. Read how CSPA age is calculated.
Priority date is not the same as…
- The approval date. The date USCIS approved the petition. It usually comes later.
- The date of the notice. The date printed on a USCIS letter.
- The date you become eligible to file. That is when your priority date is earlier than the Visa Bulletin cutoff.
Can a priority date change?
In some situations a priority date can be kept when a person moves to another category, and in other situations it can be lost, for example if a petition is withdrawn or revoked. Because the effect is serious, ask a licensed professional before taking steps that might change it.
Need help organizing your documents?
One Path Finder can help you gather and organize documents where permitted by law. We are not a law firm and can’t tell you what applies to your case. Contact us to start a conversation. For legal advice, ask us for a referral to our partner law firm.