Priority Dates, Preference Categories & Visa Bulletin Explained

Overview

The Immigration and Nationality Act (INA) sets limits on the number of immigrant visas (green cards) available each year. Because of these limits, many applicants cannot move forward with their green card process immediately and instead must wait for their “place in line.” Depending on their preference category and country of birth, they may face a longer or shorter “backlog” until an immigrant visa becomes available to allow them to complete the final steps of their green card process.

This guide explains how that line works:

• What a priority date is and why it matters
• How preference categories determine eligibility
• How to read and use the Visa Bulletin
• Common issues such as retrogression, abeyance, and cross-chargeability

Our goal is to help you understand how these factors affect your timeline for permanent residence.

Priority Dates: Your Place in Line

A priority date is essentially a timestamp that secures your place in the green card queue. It is assigned when your immigration petition is first filed:

• For most employment-based cases, it is the date a PERM labor certification is filed with the Department of Labor.
• If no PERM is required (for example in EB-1 categories), it is the date USCIS receives the Form I-140 petition.

Your priority date is listed on your Form I-797 approval notice. It becomes the reference point for when you may submit your final green card application.

Preference Categories: Who Qualifies

U.S. law divides employment-based green cards into preference categories. Your qualifications and the type of job offered determine which one applies:

EB-1: Priority Workers

• Extraordinary Ability: Individuals with nationally or internationally recognized achievements in sciences, arts, education, business, or athletics. May self-petition.
• Outstanding Professors/Researchers: At least three years of teaching or research experience with recognized international reputation. Requires a U.S. job offer.
• Multinational Managers/Executives: At least one year of qualifying employment abroad in the last three years with a related company. Must be coming to the U.S. in a managerial/executive role.

EB-2: Advanced Degrees or Exceptional Ability

• Advanced Degree Professionals: A master’s or higher, or a bachelor’s plus five years of progressive experience.
• Exceptional Ability: Demonstrated expertise well above that normally seen in sciences, arts, or business.

National Interest Waiver (NIW): Certain EB-2 applicants can bypass the job offer and PERM process if their work benefits the U.S. nationally.

EB-3: Skilled, Professional, and Other Workers

• Skilled Workers: Jobs requiring at least two years of training or experience.
• Professionals: Jobs requiring at least a bachelor’s degree (or foreign equivalent).
• Other Workers: Jobs requiring less than two years of training or experience, not seasonal or temporary.

Why Priority Dates and Categories Matter

Even if you qualify for a green card, you cannot file the final application (Form I-485 in the U.S. or DS-260 abroad) until your priority date is “current”.

• Each month, the Department of State publishes the Visa Bulletin.
• The Visa Bulletin shows cut-off dates for each category and country of birth.
• If your priority date is earlier than the published cut-off, your date is “current” and you may file.

For couples, there is an important rule called cross-chargeability, which sometimes allows you to use your spouse’s country of birth if it results in a shorter wait.

The Visa Bulletin Explained

The Visa Bulletin is the government’s monthly update on visa availability. It includes two charts:

1. Final Action Dates – When visas may actually be issued (green card approval).
2. Dates for Filing – When applicants may submit applications, even if approval will come later.

Key Terms:

• Current (C): No backlog; green cards available immediately.
• Cut-Off Date: The date before which an applicant’s priority date must fall to move forward.
• Abeyance: When a case is filed but must pause because the priority date is no longer current at the time of decision.
• Retrogression: When cut-off dates move backward due to high demand.

Cross-Chargeability: Using a Spouse’s Country of Birth

Normally, your place in line is based on your country of birth. Cross-chargeability allows you to use your spouse’s country of birth if that country has a shorter backlog.

This can significantly reduce waiting times for families from oversubscribed countries.

Common Issues to Be Aware Of

• Visa Retrogression: Even after your date becomes current, it may move backward in future months. Applicants eligible one month may be ineligible the next.
• Abeyance: If retrogression occurs while your case is pending, USCIS or DOS will hold the application until the date becomes current again.
• Unpredictability: Visa movement depends on global demand, country limits, and annual visa allocations. It can move forward, pause, or regress.

Alma’s Key Guidance for Clients

1. Track your priority date closely on all approval notices.
2. Monitor the Visa Bulletin monthly—availability changes frequently.
3. Know your category—different categories move at different speeds.
4. Plan for retrogression—delays are common and can impact timing.
5. Ask about cross-chargeability—it may shorten your wait.

At Alma, we combine legal expertise with real-time monitoring tools to help you navigate the green card process with clarity, speed, and confidence.