Understanding Green Card Priority Dates: How They Work and Why They Matter
For many individuals navigating the U.S. immigration process, one subject consistently raises concern: priority dates. Whether you’ve just heard the term or are currently waiting for your own date to become current, understanding priority dates is critical to moving forward with your green card application. At Green Card Link, its immigration attorneys are here to explain what priority dates are, how they affect your case, and what strategies may be available to help you reduce long waiting times.
What Is a Green Card Priority Date?
If you are pursuing a family-based or employment-based green card, you will almost certainly have a priority date. This important date is printed on your USCIS receipt notice and should be tracked carefully—it plays a central role in your overall immigration timeline.
Your priority date is the day the U.S. Citizenship and Immigration Services (USCIS) receives your immigrant petition. From that point on, your place in line is determined by this date, as the Department of State (DOS) processes cases in the order received.
Because the Department of State sets annual limits for green cards in each category and for each country, applicants from certain high-demand nations often face significant backlogs. For example, EB-3 applicants from India or China may wait many years before their priority dates become current.
Why Priority Dates Are Crucial
Your priority date reflects your place in line for visa availability. Since green cards are issued in limited numbers each year, exceeding the annual quota results in waiting lists, or “visa backlogs.”
To determine your eligibility to move forward, you’ll need to compare your priority date with the final action dates listed in the monthly visa bulletin issued by the Department of State.
The Visa Bulletin and Final Action Dates
Each month, the Department of State publishes a visa bulletin containing charts for family- and employment-based categories. For every country and category, the bulletin lists a final action date—this represents the cutoff date for applications being processed that month.
- If your priority date is earlier than or equal to the published final action date, your case is considered current and eligible for green card issuance.
- If it is later, you must continue to wait until the final action date moves forward past your priority date.
Importantly, your priority date never changes, but final action dates are updated monthly and can move forward, remain the same, or even move backward in a process called retrogression.
Why Some Countries Face Longer Waits
Not all countries have the same processing timelines. Applicants from nations with high demand, such as India or China, often see slower movement or retrogression due to the large number of petitions filed annually. Conversely, applicants from countries with fewer petitions typically experience faster progression of final action dates.
When final action dates advance far enough to match the current calendar date, the category is marked “current” (C) in the visa bulletin. Applicants in those categories can proceed immediately with their green card applications. For heavily backlogged countries, however, the wait can stretch for many years or even decades.
Porting an Employment-Based Green Card
For those facing long waits in employment-based categories, one possible option is green card porting. This process allows you to “upgrade” your petition to a higher preference category—such as moving from EB-3 to EB-2—while retaining your original priority date.
While porting can reduce wait times, it is not automatic. A new petition must be filed, including fees and a new PERM Labor Certification. However, your employer can request that your original priority date be carried over, preventing your wait time from resetting.
Example:
An Indian citizen with an EB-3 priority date of March 2016 may face years of waiting. If that applicant later qualifies for EB-2 and receives an approved petition in 2019, their March 2016 priority date remains valid. If EB-2 is current for India, they may proceed with their green card application immediately instead of starting over.
To port successfully, you must not only meet the new category’s qualifications but also hold (or obtain) a job requiring those qualifications. Consulting an immigration attorney at Green Card Link can help you evaluate whether porting is a viable option for your case.
Marriage-Based Green Cards and Priority Dates
Unlike other family-based petitions, marriage-based green cards for spouses of U.S. citizens fall under the “immediate relative” category. This category also includes:
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens over age 21
- Widows or widowers of U.S. citizens (if filed within two years of the citizen’s death)
Because visas for immediate relatives are unlimited, applicants in this category do not need to wait for a priority date to become current.
My Priority Date Is Current—What Happens Next?
Once your priority date is current, you have two main options depending on your location and circumstances:
- Adjustment of Status (AOS):
If you are already in the U.S. under a valid nonimmigrant visa (e.g., H-1B, L-1, or K-1), you may file Form I-485 with USCIS to adjust your status to permanent resident. This process usually takes several months. - Consular Processing:
If you are outside the U.S., or not eligible for adjustment of status, you will complete your application at a U.S. Consulate or Embassy in your home country. This involves submitting Form DS-260, attending an interview, and completing biometrics before your immigrant visa (green card) is issued.
Both paths have benefits depending on your situation, and speaking with immigration attorneys at Green Card Link can help you determine which route is best.
How Green Card Link Can Help
Waiting for your priority date to become current can feel overwhelming, especially if you are facing a long backlog. At Green Card Link, its immigration attorneys have extensive experience guiding clients through complex immigration timelines. From filing petitions and addressing Requests for Evidence (RFEs) to exploring green card porting opportunities, the attorneys at Green Card Link provide comprehensive support at every stage of the process.
If you’re concerned about your priority date or need personalized advice, contact Green Card Link today to schedule a consultation with an experienced immigration attorney who can help you take the next step toward your U.S. permanent residency.