Guide to Priority Dates and Visa Bulletin (2026)
15-16 minutes read
TL;DR
A priority date is the date that marks a foreign national's place in the employment-based or family-based green card queue. It is established when a PERM application is filed with DOL (for PERM-based categories) or when an I-140 petition is filed with USCIS (for non-PERM categories like EB-1A, EB-1B, EB-1C, and EB-2 NIW).
The Visa Bulletin is a monthly publication from the U.S. Department of State that shows which priority dates can currently proceed to the final green card stage. It is published around the 8th to 12th of each month for the following month.
The Visa Bulletin has two relevant charts for each preference category: Final Action Dates (when a green card can be issued or an I-485 approved) and Dates for Filing (when an I-485 can be filed, even if the green card cannot yet be issued).
USCIS announces each month whether applicants can use the Dates for Filing chart for adjustment of status. The announcement appears on the USCIS website, not in the Visa Bulletin itself.
Dates marked as "C" (current) mean no wait; anyone in that category can proceed. Dates marked as "U" (unavailable) mean no visas are available in that category for that country.
Priority dates can retrogress (move backward) when demand is high. They can also advance rapidly when unused numbers from other categories are redistributed.
Annual limits and per-country caps are the structural cause of all backlogs. The cap limits employment-based green cards to at least 140,000 per year; no single country may receive more than approximately 7% of the annual preference total.
What a Priority Date Is
Every preference green card (family-sponsored or employment-based) involves two distinct stages.
The first stage establishes the applicant's eligibility through a petition (I-130 for family-based, I-140 for employment-based, ETA-9089 for PERM-based).
The second stage is the actual green card application (I-485 for adjustment of status, or immigrant visa through consular processing).
Because more people are eligible for green cards each year than can actually receive them under the annual limits, applicants must wait their turn.
The priority date is the mechanism for managing this queue. It is assigned based on when the petition was filed: PERM filing date for EB-2/EB-3 PERM-based cases, and I-140 filing date for EB-1A, EB-1B, EB-1C, EB-2 NIW, and other non-PERM employment categories.
Earlier priority date equals earlier position in the queue. The Visa Bulletin shows which priority dates have reached the front of the line and can now complete the final green card stage.
How the Annual Limits Work
Congress sets annual numerical limits on employment-based and family-sponsored preference green cards.
For FY2026, the employment-based limit is at least 140,000 per year and the family-sponsored preference limit is 226,000 per year. These limits exclude immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of citizens at least 21), who face no numerical cap.
Within the employment-based 140,000 annual limit, each of the five preference categories receives an allocation:
Category | Allocation |
|---|---|
EB-1 (Priority Workers) | 28.6% (~40,040 visas) |
EB-2 (Advanced Degree / Exceptional Ability) | 28.6% (~40,040 visas) |
EB-3 (Skilled Workers / Professionals / Other Workers) | 28.6% (~40,040 visas) |
EB-4 (Special Immigrants) | 7.1% (~9,940 visas) |
EB-5 (Investors) | 7.1% (~9,940 visas) |
Unused numbers from higher categories fall down to lower categories, which can cause dates to advance rapidly in some months and exhaust suddenly in others.
The per-country cap limits any single country to approximately 7% of the combined annual family-sponsored and employment-based preference totals. For FY2026, this equals roughly 25,620 visas per country. India and China generate far more qualified petitions than this cap allows, creating multi-year and multi-decade backlogs. All other countries typically use well under their 7% share, so their dates are often current.
Reading the Visa Bulletin
The Visa Bulletin is published by the U.S. Department of State at travel.state.gov each month, typically between the 8th and 12th of the month for the following month's dates.
The Visa Bulletin contains two main charts for employment-based categories:
Table A: Final Action Dates for Employment-Based Preference Cases. These are the dates at which a visa can actually be issued or an I-485 can be approved. An applicant whose priority date is earlier than the date shown in their category and country column can complete the green card process this month.
Table B: Dates for Filing Applications. These are earlier dates that USCIS may allow for I-485 filing when authorized to do so. Filing under Table B gets the I-485 into the system (which enables EAD and Advance Parole access) even though the case cannot be finally approved until the Final Action Date becomes current.
USCIS publishes a monthly Visa Bulletin applicability announcement on uscis.gov specifying which table applies for adjustment of status filers in each category. This is a separate document from the Visa Bulletin itself and appears on the USCIS website around the same time. Always check the USCIS announcement, not just the Visa Bulletin, to know which chart to use.
How to Read a Table Entry
Each row in the employment-based table corresponds to a preference category.
Columns correspond to geographic regions or countries: All Chargeability Areas Except Those Listed, China-mainland born, El Salvador/Guatemala/Honduras, India, Mexico, and Philippines.
The entry in each cell is a date or a letter code:
"C" (current): No backlog. Any applicant in this category and country can proceed immediately.
"U" (unavailable): No visa numbers are available in this category for this country this month. No filings or final actions can take place.
A date (e.g., "01MAR23"): Only applicants with priority dates before this date may proceed this month. An applicant with a priority date of February 1, 2023 could proceed in a month showing 01MAR23. An applicant with a priority date of April 15, 2023 would need to wait.
Approximate April 2026 Dates (for reference only)
Visa Bulletin dates change monthly. The following are approximate as of April 2026 for context. Always verify at travel.state.gov.
Category | Most Countries | India | China |
|---|---|---|---|
EB-1 | Current | ~March 2023 | ~March 2023 |
EB-2 | Current | ~September 2013 | ~January 2022 |
EB-3 Professionals / Skilled | Current | ~September 2013 | ~January 2022 |
EB-3 Other Workers | Current | Further backlogged | Further backlogged |
How Priority Dates Move
Priority dates typically advance each month as visa numbers are released and used. The pace of movement depends on demand: when many applicants have current priority dates and file I-485s, numbers are used quickly and movement may slow. When demand in a category is low, dates advance quickly.
Retrogression occurs when dates move backward. This happens when demand unexpectedly spikes, when the fiscal year turns over (October 1) and new annual allocations begin, or when earlier estimates of available numbers were too optimistic. Retrogression means applicants who were previously current may no longer be able to file or receive final action until the date advances again.
The September/October transition is particularly important. The fiscal year ends September 30 and new numbers become available October 1. Some categories see rapid advances in late fiscal year months as DOS pushes to use remaining numbers before they expire. New fiscal year numbers can also result in changes to final action dates that affect applicants mid-process.
Concurrent Filing
When a priority date is current under the applicable Visa Bulletin chart, the I-140 and I-485 may be filed concurrently in the same package if the applicant is in valid nonimmigrant status in the United States. Concurrent filing is available when either:
The priority date is current under Final Action Dates (the full green card process can complete), or USCIS has authorized use of the Dates for Filing chart for the relevant month.
Concurrent filing is strategically important because filing the I-485 triggers access to EAD and Advance Parole, providing employer independence and international travel authorization long before the final green card is issued. For applicants who have been waiting years for their date to become current, filing the I-485 the moment it becomes available is a high priority.
Cross-Chargeability
The country of chargeability is normally based on the applicant's country of birth, not citizenship. A person born in India who is a Canadian citizen is still chargeable to India for priority date purposes.
However, when an applicant's priority date is not current under their birth country's column, but their spouse was born in a country with a current date, the couple may use the spouse's country of chargeability. This cross-chargeability rule applies when the spouses are immigrating together (principal and derivative). It does not apply if only one spouse is immigrating.
For Indian-born professionals married to spouses born in non-backlogged countries, cross-chargeability can eliminate a 12-plus year backlog entirely. Confirm eligibility with immigration counsel before filing.
Frequently Asked Questions
Where do I find the current Visa Bulletin?
At travel.state.gov under the Visa section, then Visa Bulletin. The Visa Bulletin is published monthly. The most recent edition is always linked prominently on the page.
How do I know if my priority date is current?
Find your employment-based preference category and your country of birth in the Visa Bulletin table. If the date shown is earlier than your priority date, or if the cell shows "C" (current), your date is current. If the date shown is later than your priority date, you must wait.
Does my priority date change if I change employers?
No. The priority date belongs to the approved or approvable petition. If you change employers and your new employer files a new I-140 in the same or higher preference category, you may be able to port the earlier priority date to the new petition, subject to specific conditions. If the new employer files in a lower preference category, the new petition establishes a new priority date.
What happens to my priority date if my I-140 is withdrawn?
If your employer withdraws the I-140 while your I-485 has been pending for 180 or more days, you may be able to preserve the priority date under AC21 portability for use with a new employer and petition in the same or similar occupational classification.
If the I-140 is withdrawn before 180 days, the priority date associated with that petition may be lost. Consult counsel immediately if your employer plans to withdraw an approved I-140.
Can I file I-485 before my I-140 is approved?
In certain circumstances, yes, through concurrent filing, if the priority date is current and the I-140 and I-485 are filed together. If the I-140 is subsequently approved, the I-485 proceeds. If the I-140 is denied, the I-485 will also be denied.
This article is intended for general informational purposes only and does not constitute legal advice. Priority dates, Visa Bulletin dates, and immigration policy change monthly. Always verify the current Visa Bulletin at travel.state.gov and current USCIS filing guidance at uscis.gov before taking action. For guidance specific to your situation, consult a licensed immigration attorney.
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