If you are in a family preference or employment preference immigrant visa category, the visa bulletin controls your entire green card timeline. And inside the visa bulletin are two dates, priority date and filing date, that confuse nearly everyone who encounters them for the first time. This guide explains both clearly, in plain English.
What Is a Priority Date?
Your priority date is your place in line. For a family-preference case, it is generally the date USCIS properly filed the I-130. For an employment case requiring labor certification, it is generally the labor-certification filing date; otherwise it is generally the properly filed immigrant-petition date. Use the priority date printed on the controlling notice.
Use the priority date printed on the controlling USCIS notice rather than assuming an approval date is the priority date. Priority-date retention can have exceptions, including in some employment cases; confirm the rule that applies before relying on it.
What Is the Filing Date?
The filing date is not a date specific to your case. It refers to a date published in the monthly visa bulletin, specifically in the "Dates for Filing" chart. This date is set by the State Department and represents how far the line has moved for a given visa category and country of birth.
If your priority date is earlier than the date shown in the "Dates for Filing" chart, USCIS may allow you to file I-485 that month if it has authorized use of that chart and you meet every other requirement. Filing does not itself grant work authorization or a travel document.
The Two Visa Bulletin Charts
The monthly Visa Bulletin from the State Department contains two separate tables:
- Final Action Dates (FAD): The date that must be current for USCIS to actually approve your I-485 and issue you a green card. A visa number must be available for USCIS to grant permanent residence. If your priority date is not yet current on the FAD chart, you cannot receive your green card yet, even if you filed early.
- Dates for Filing (DFF): The date that must be current for you to file your I-485 application in advance, before a visa number is actually available. Filing early lets you apply for an EAD and Advance Parole, take your biometrics, and move the administrative portions of your case forward. USCIS must confirm each month whether it will accept I-485 filings based on the Dates for Filing chart. This confirmation is published on uscis.gov in the first week of each month.
Who Is Affected by Priority Dates?
Priority dates and visa bulletin backlogs apply to preference categories, not immediate relatives. Specifically:
- Family preference: F1 (unmarried adult children of U.S. citizens), F2A (spouses and children of permanent residents), F2B (unmarried adult children of permanent residents), F3 (married children of U.S. citizens), F4 (siblings of U.S. citizens).
- Employment preference: EB-1 (priority workers), EB-2 (advanced degree professionals), EB-3 (skilled workers and professionals), EB-4 (special immigrants), EB-5 (investors).
Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) are not subject to annual visa caps and therefore have no priority date backlog. They can file for adjustment of status as soon as their I-130 is approved (or concurrently with the I-130 filing).
Chargeability and Retrogression
Country chargeability means that visa numbers are counted against the applicant's country of birth, not country of citizenship. If you were born in a country with high demand (India, China, Mexico, Philippines), your wait time may be significantly longer than applicants born elsewhere in the same preference category.
Visa retrogression happens when the State Department moves a Final Action Date backwards, meaning priority dates that were current become current again in the future but temporarily unavailable. This can happen if demand for visa numbers in a category exceeds what is available, often toward the end of the U.S. government fiscal year (September). Retrogression can delay previously expected approval dates.
Practical Example
Suppose you are an EB-2 applicant born in India with a priority date of January 1, 2015. The current month's visa bulletin shows the EB-2 India Final Action Date as April 1, 2012, and the Dates for Filing chart shows June 1, 2013.
- Your priority date (January 2015) is not yet current on either chart. You cannot file or receive your green card yet.
- Once the Dates for Filing advances beyond January 1, 2015, USCIS may allow filing if it authorizes that chart for the month and every other requirement is met.
- Once the Final Action Date advances beyond January 1, 2015, a visa number may be available for final action if every other requirement is met.
Frequently Asked Questions
What is a priority date?Your priority date determines your place in the visa queue. For family preference it is generally the properly filed I-130 date. For employment cases requiring labor certification it is generally the labor-certification filing date; otherwise it is generally the properly filed immigrant-petition date. Use the priority date printed on the controlling notice.
What is the difference between Final Action Date and Date for Filing?The Final Action Date (FAD) is how current your priority date must be for USCIS to approve your green card: a visa number must be available. The Date for Filing (DFF) is how current your priority date must be to file your I-485 early, before a visa number is available. Filing early lets you get an EAD and Advance Parole while you wait for a visa number to become available.
How do I know if my priority date is current?Check the monthly Visa Bulletin at travel.state.gov and find your preference category and chargeability area. A listed cutoff is exclusive: your priority date must be earlier than that date. For I-485 filing, also check which chart USCIS authorizes for that month and whether every other filing requirement is met.
What is visa retrogression?Visa retrogression happens when the State Department moves a Final Action Date or Dates for Filing backwards, making a priority date that was current no longer current. This typically happens when demand for visa numbers in a category exceeds annual supply, often near the end of the government fiscal year (September). Retrogression can delay approvals that were expected to happen on a certain date.
Does priority date apply to immediate relatives of U.S. citizens?No. Immediate relatives (spouses, unmarried children under 21, and parents of U.S. citizens) are exempt from the annual visa cap and therefore have no priority date backlog. They can file for adjustment of status as soon as their I-130 is filed or approved, without waiting for a visa number to become current.
GreenLight is not affiliated with USCIS or the U.S. government. This article is for informational purposes only and does not constitute legal advice.