How Long To Wait for Your Priority Date to Become Current?

Understanding How Long For Priority Date To Be Current

How Long Is the Wait for My Green Card?

When applying for a U.S. immigrant visa, one of the critical factors in determining when you can move forward with your application is your Priority Date. If you’re a prospective immigrant applying for a family- or employment-based green card (and you’re not considered an “immediate relative”), you may face a long wait. The length of this wait depends on various factors like the preference category you fall under, the number of available visas, and even country-specific limits. Here’s a detailed explanation of what priority dates are and how they affect your visa application.

What Are Priority Dates?

A Priority Date is the date that establishes your place in line for a U.S. immigrant visa. It reflects when the government first accepted your visa petition for processing. If you are applying for a family-based or employment-based green card, your priority date is crucial in determining when you’ll be eligible for a visa. Immigrant visa preference categories are used by the USCIS to allocate a limited number of visas annually, prioritizing applicants based on skills, education, and family ties.

How Priority Dates Are Set:

Family-based Applicants: Your priority date is set when U.S. Citizenship and Immigration Services (USCIS) receives your Form I-130 petition from your U.S. sponsor.
Employment-based Applicants: Your priority date is the date USCIS receives your Form I-140 petition or when the Department of Labor accepts your labor certification request.

Why Do People Focus So Much on Their Priority Date?

The priority date is crucial because it directly impacts when you can move forward with your application. Here’s why it matters:

Limited Availability: There are annual limits on the number of green cards available in each category (family-based and employment-based), and these numbers are also subject to per-country limits. When demand exceeds supply, a waiting list (or visa queue) forms, and applicants must wait until their priority date becomes current.
Tracking Progress: Prospective immigrants closely monitor their priority date to estimate how long they will have to wait before they can submit their final application. The closer the current dates are to your priority date, the closer you are to becoming a permanent resident.
Deadlines: Once your priority date becomes current, you have one year to apply for your green card. If you miss this window, your petition could be considered abandoned, and you might lose your place in line.

Visa Categories and Preferences

Immigrant visas are divided into two main groups: family-sponsored and employment-based categories. Each category has its own annual allotment of visas, and the wait times vary based on demand in each group. Employment visa preferences include five categories from EB-1 to EB-5, targeting priority workers, professionals with advanced degrees, and immigrant investors, while family visa preferences cover four categories, including unmarried adult children, spouses of permanent residents, and siblings of U.S. citizens.

Family-based Preference Categories

F1 – Unmarried sons and daughters (21 years or older) of U.S. citizens.
F2 – Spouses and children of green card holders.
- F2A: Spouses and unmarried children under 21.
- F2B: Unmarried children over 21.
F3 – Married sons and daughters of U.S. citizens.
F4 – Siblings of U.S. citizens (petitioner must be over 21).

Employment-based Preference Categories

EB1 – Priority workers, including individuals with extraordinary abilities, professors, researchers, and multinational executives.
EB2 – Professionals with advanced degrees or exceptional abilities.
EB3 – Skilled workers, professionals, and other workers.
EB4 – Special immigrants (e.g., religious workers).
EB5 – Investors in U.S. businesses that create jobs.

How Visa Numbers Are Allocated

The U.S. government allocates a limited number of visa numbers annually for each category. Here’s a breakdown of the visa limits for family and employment-based categories:

Lawful permanent residents play a crucial role in this process, as the U.S. Department of State allocates immigrant visas based on the requirements and procedures for becoming a lawful permanent resident, including priority dates and the Visa Bulletin.

The Demand and Supply of Visas

Each year, the U.S. allocates a set number of immigrant visas for both family-sponsored and employment-based categories. In total, 226,000 visas are available for family-based immigrants, and 140,000 are allotted for employment-based immigrants.

Visa numbers are also subject to per-country limits, typically restricting no more than 7% of the total number of available visas for each country. As a result, applicants from countries with high demand, like India, Mexico, China, and the Philippines, may experience longer waits.

Family Visa Allotments:

F1: 23,400 visas
F2: 114,200 visas
F3: 23,400 visas
F4: 65,000 visas

Employment Visa Allotments:

EB1: 28.6% of worldwide employment-based visas
EB2: 28.6% of worldwide employment-based visas
EB3: 28.6% of worldwide employment-based visas
EB4 & EB5: 7.1% of worldwide employment-based visas

However, the number of visas available is often insufficient to meet demand. This means applicants may face delays, particularly from countries with high demand, like India or China.

Tracking Your Priority Date

One of the best ways to monitor the status of your visa application is by following the Visa Bulletin chart, which is published monthly by the U.S. Department of State. The Visa Bulletin provides information on when applicants from various countries can apply for visas based on their priority date.

Visa Bulletin Components:

Family-Sponsored Preferences: Lists visa availability for family-based petitions.
Employment-Based Preferences: Lists visa availability for employment-based petitions.
Dates for Filing: Indicates when applicants can submit their visa applications. The visa bulletin filing date is crucial because once a person’s priority date becomes current on the Visa Bulletin’s Dates for Filing chart, individuals in the U.S. can take proactive steps to file their application rather than waiting for government notifications.
Application Final Action Dates: Shows when visas are actually issued.

You can access the latest Visa Bulletin here.

How to Read the Visa Bulletin

To understand the Visa Bulletin, follow these steps:

Find your preference category (e.g., F1, EB2) on the left column.
Find your country across the top (e.g., Mexico, India, or All Chargeability Areas Except Those Listed).
Find where the dates for filing or final action dates intersect for your country and category.
Compare your Priority Date to the date listed in the chart.

If your Priority Date is earlier than the listed cutoff date, you are eligible to proceed with your visa application.

What Happens When Your Priority Date Becomes Current?

Once your Priority Date is current, you can take the next steps toward securing your visa. Here’s what to do:

Contact the National Visa Center (NVC): If you are outside the U.S., reach out to the NVC for instructions on scheduling your visa interview.
Adjust Status in the U.S.: If you’re already in the U.S., and you are eligible for status adjustment (Form I-485), you can apply directly through USCIS.

What If Your Priority Date Becomes Current, but You Missed It?

If you miss the notice or fail to act after your Priority Date becomes current, you risk losing your place in line. You have one year from the date your Priority Date becomes current to take action before it is considered abandoned. It’s critical to stay proactive and monitor the Visa Bulletin regularly.

Common Issues to Watch Out For

Visa Backlogs and Waiting Periods: Due to high demand, visa applications can get backed up, leading to delays. The State Department’s Visa Bulletin provides vital information on visa waiting periods, including charts that detail ‘Family-Sponsored’ and ‘Employment-Based’ preferences. These charts outline priority dates and provide guidelines on how to interpret waiting times and the implications of cutoff dates. Sometimes, dates can even move backward if there are too many applicants.
“C” (Current) or “U” (Unavailable): If your category shows “C,” it means that visas are available, and there’s no wait. If it shows “U,” all visas have been used for that year, and you’ll have to wait until the new fiscal year begins.

How to Track Your Priority Date

You can track the availability of your priority date through the Visa Bulletin, which is published monthly by the U.S. Department of State. The Visa Bulletin contains two main charts:

Application Final Action Dates Chart: Shows the date when a visa can be issued.
Dates for Filing Applications Chart: Indicates when an applicant can submit the required documentation to the National Visa Center (NVC).

You can access the latest Visa Bulletin here.

Key Terms to Know

“Current” (C)

If a category shows “C” (current), it means that all applicants in that category can proceed with their application immediately.

“Unavailable” (U)

If a category shows “U” (unavailable), it means that the visa numbers for that category have been exhausted for the fiscal year. Applicants must wait until the new fiscal year begins for visa numbers to become available again.

Visa Retrogression

Visa retrogression happens when the cut-off date moves backward instead of forward due to an overwhelming number of applicants. This can delay the process as the demand exceeds the supply.

Concurrent Filing: Can You Apply Early?

In certain situations, you can file your Form I-485 (Adjustment of Status) concurrently with your underlying immigrant petition (Form I-130 or Form I-140). This is allowed if:

Your priority date is earlier than the cut-off date in the Application Final Action Dates chart.
The Visa Bulletin shows “C” (current) in the chart for your preference category.
USCIS allows concurrent filing under the Dates for Filing Applications chart.

Immediate Relatives

For immediate relatives, concurrent filing is always allowed, regardless of priority date, as visas for immediate relatives are always available.

What to Do When Your Priority Date Becomes Current

Once your priority date becomes current, you can take the next steps:

If You Are in the U.S.: You may apply for an adjustment of status (Form I-485).
If You Are Outside the U.S.: You can apply for an immigrant visa at a U.S. consulate or embassy.

It’s important to regularly check the Visa Bulletin to ensure you’re on track.

USCIS Adjustment of Status Filing Charts: A Detailed Guide

When applying for adjustment of status to become a U.S. lawful permanent resident, one of the most important tools you need to understand is the Visa Bulletin. This bulletin, published monthly by the U.S. Department of State (DOS), outlines the availability of immigrant visas based on your priority date, preference category, and country of chargeability. The Adjustment of Status Filing Charts provide specific guidelines for when you can file your adjustment application (Form I-485). Here’s an in-depth look at how these charts work and how to navigate them.

It is crucial to maintain lawful immigration status to be eligible for adjusting your status when your priority date becomes current.

Understanding the Adjustment of Status Filing Charts

The Adjustment of Status Filing Charts are provided by the U.S. Citizenship and Immigration Services (USCIS) to help you determine when you can file your application for adjustment of status. The availability of immigrant visas changes based on two key factors:

Visa Numbers Available: Every year, a limited number of immigrant visas are available in each category and from each country.
Demand for Visas: If more applicants are waiting for visas than there are available visas, a queue forms. Your place in this queue is determined by your Priority Date (the date USCIS receives your petition).

Based on these factors, USCIS provides two charts:

Dates for Filing: This chart shows when you can begin submitting documentation for adjustment of status.
Final Action Dates: This chart shows when your priority date becomes “current,” meaning you can move forward with your application and finalize your green card process.

Which Chart Should You Use?

Each month, USCIS determines whether applicants should use the Dates for Filing chart or the Final Action Dates chart to file their adjustment of status applications. Here’s how each chart works:

Dates for Filing: If USCIS determines that more visas are available than there are applicants, you can use this chart to submit your adjustment of status application. This gives applicants a head start in submitting documentation, although the actual green card approval may take longer.
Final Action Dates: If the Dates for Filing chart isn’t applicable (due to limited visas), you must use the Final Action Dates chart to determine when you can file. This chart is used to determine when your visa is available, and when you can finalize your status adjustment.

In certain cases, if a visa category is “current” (meaning there are visas available), or if the cutoff date in the Final Action Dates chart is later than the Dates for Filing chart, you may use the Final Action Dates chart during that month.

Current Adjustment of Status Filing Charts (March 2025)

For Family-Sponsored Preference Categories:

You must use the Dates for Filing chart in the Department of State (DOS) Visa Bulletin for March 2025.

For Employment-Based Preference Categories:

You must use the Final Action Dates chart in the DOS Visa Bulletin for March 2025.

These charts are updated regularly to reflect changes in visa availability. Keep an eye on the Visa Bulletin each month to understand whether your priority date is current and when you can file your adjustment of status application.

View the March 2025 Visa Bulletin

What Happens in the Next Month?

April 2025 Adjustment of Status Filing Charts:

For Family-Sponsored Filings: You will use the Dates for Filing chart in the April 2025 Visa Bulletin.
For Employment-Based Filings: You will use the Final Action Dates chart in the April 2025 Visa Bulletin.

Previous Adjustment of Status Filing Charts

If you missed a previous update or need to track how visa availability has changed over time, USCIS archives prior months’ Adjustment of Status Filing Charts. You can use this historical data to compare trends in visa availability and understand how the dates have shifted month-to-month.

Tips for Tracking Your Adjustment of Status Application

Monitor the Visa Bulletin Regularly: The Visa Bulletin is updated monthly. Be sure to check it regularly to track the status of your category and priority date. This will help you stay on top of when you can file your adjustment of status application.
Be Prepared to Act Quickly: If your priority date becomes current, don’t delay in filing your application. USCIS will accept applications based on the Dates for Filing or Final Action Dates chart, depending on visa availability, so it’s important to be ready when your date arrives.
Consult an Immigration Attorney: The adjustment of status process can be complex. An experienced immigration lawyer can help ensure that you meet all deadlines and correctly file your documents to avoid delays.

FAQ on Visa and Green Card Priority Date Wait Times:

General Questions

1. What is a visa priority date?

The priority date is the date when your immigration petition (such as Form I-130 or I-140) was filed with the U.S. Citizenship and Immigration Services (USCIS) or when a labor certification was accepted by the Department of Labor.

2. Why is the priority date important?

Your priority date determines when you can apply for an immigrant visa or adjust status to obtain a green card. You must wait for your priority date to become “current” based on the Visa Bulletin published monthly by the U.S. Department of State.

3. How do I check my priority date?

You can check your priority date on your USCIS receipt notice (Form I-797). To determine if your priority date is current, compare it to the latest Visa Bulletin issued by the Department of State.

4. What is the Visa Bulletin?

The Visa Bulletin is a monthly publication by the U.S. Department of State that shows which priority dates are eligible for further processing based on visa availability.

5. What does it mean for a priority date to be “current”?

A priority date is “current” when it is earlier than or matches the final action date listed in the Visa Bulletin for your visa category and country of chargeability.

6. How long do I have to wait for my priority date to become current?

Wait times vary based on your visa category, country of chargeability, and annual visa limits. Some applicants may wait a few months, while others (especially those from high-demand countries like India, China, Mexico, and the Philippines) may face delays of several years or even decades.

Processing and Visa Availability

7. What factors affect my priority date’s movement?

Priority date movement depends on:

Annual visa caps for each category and country
Visa demand from applicants worldwide
Number of visas issued in prior months
Government processing backlogs
Spillover visas from other categories

8. Why is my priority date moving so slowly?

If the demand for visas in your category and country exceeds the supply, priority date movement slows down or even retrogresses (moves backward).

9. What is retrogression?

Retrogression occurs when visa demand exceeds supply, causing priority dates to move backward instead of forward. This happens frequently at the end of the fiscal year (September) when annual visa quotas are nearly exhausted.

10. Can my priority date move backward?

Yes, if demand for visas in your category increases significantly, the Visa Bulletin may retrogress, delaying your eligibility.

11. What happens if my priority date retrogresses after my I-485 application is filed?

If your priority date retrogresses after filing Form I-485 (Adjustment of Status), USCIS will pause your application until your date becomes current again. However, your Employment Authorization Document (EAD) and Advance Parole (AP) may still be processed.

12. What is a “current” category?

When a visa category is marked as “C” (current) in the Visa Bulletin, there are no backlogs, and all applicants with approved petitions can proceed immediately.

13. How does the visa bulletin affect family-based vs. employment-based green cards?

Family-based (F1, F2A, F2B, F3, F4): Priority dates tend to move slowly due to high demand.
Employment-based (EB1, EB2, EB3, EB4, EB5): Some categories move faster, but backlogs occur in high-demand countries (India, China).

Country-Specific and Special Situations

14. Why do people from certain countries (India, China, Mexico, Philippines) wait longer?

U.S. immigration law limits per-country visa allocations. Countries with high numbers of applicants experience severe backlogs, making their wait times significantly longer.

15. How does cross-chargeability help?

If you were born in a country with a shorter wait time than your spouse, you can use your spouse’s country of birth for processing.

16. What happens if my child turns 21 before my priority date becomes current?

Your child may lose their derivative visa eligibility under the Child Status Protection Act (CSPA) unless they qualify for age-out protections.

17. Can I change visa categories to reduce wait time?

In some cases, applicants can move from EB3 to EB2 (“EB3 to EB2 upgrade”) or vice versa, but this requires a new labor certification or a new I-140 petition.

18. What happens if I switch employers while waiting for my priority date?

If you’ve already filed Form I-485 and it’s pending for at least 180 days, you may change employers under AC21 Portability, provided the new job is in the same or similar field.

Visa Processing and Filing After Priority Date Becomes Current

19. What happens when my priority date is current?

You can file Form I-485 (if in the U.S.) or start consular processing (if abroad) to receive your green card.

20. How soon should I file my I-485 after my priority date becomes current?

It’s best to file as soon as possible to avoid any retrogression that may delay your case.

21. What happens if I don’t apply when my priority date becomes current?

If you delay filing, your priority date may retrogress, forcing you to wait again.

22. How long does it take to process a green card after the priority date is current?

Processing times vary but typically range from 6 to 24 months, depending on USCIS workload and interview requirements.

23. What happens if my priority date becomes current, but my I-140 or I-130 is still pending?

You must wait for approval of your I-140 or I-130 before proceeding with adjustment of status or consular processing.

24. Can USCIS reject my I-485 if my priority date retrogresses after filing?

No, but your case will be paused until your priority date becomes current again.

Miscellaneous

25. Can I expedite my priority date?

No, priority dates are based on visa availability and cannot be expedited. However, premium processing is available for I-140 petitions, which speeds up approval but not visa availability.

26. Can I work in the U.S. while waiting for my priority date?

If you’re on H-1B, L-1, or another work visa, you can continue working.
If you filed I-485, you can obtain an EAD (work permit).

27. Can I travel while waiting for my green card?

If abroad, you need a valid visa.
If in the U.S. with a pending I-485, you must apply for Advance Parole to travel.

28. Does marriage affect my priority date?

If you’re marrying a U.S. citizen, you can file for an immediate relative green card.
If you marry after your priority date becomes current, your spouse may need to wait for follow-to-join processing.

29. What happens if my employer withdraws my I-140 before my priority date is current?

If I-140 is withdrawn before 180 days of approval, you may lose your priority date. After 180 days, you may retain your priority date but need a new employer to file a new I-140.

30. How can I stay updated on priority date movement?

Monitor the Visa Bulletin monthly and check USCIS processing updates.

Why Consult with Herman Legal Group on Visa Bulletin and Priority Dates?

The Visa Bulletin plays a crucial role in determining when you can move forward with your immigration process, but understanding its complexities can be confusing. With visa backlogs, changing cut-off dates, and shifting policies, it’s essential to have an experienced legal team on your side.

At Herman Legal Group, our immigration attorneys have decades of experience helping individuals, families, and employers navigate priority date delays and find potential solutions to shorten wait times or avoid unnecessary delays. Here’s how we can help:

1. Clarity on Your Priority Date & Processing Timeline

We analyze the Visa Bulletin, explain what it means for your specific case, and provide insights into how long you may have to wait. Our attorneys will break down expected processing times, trends, and potential changes that could affect your application.

2. Exploring Expedited Options

In certain situations, you may qualify for an expedited process. We assess whether you meet criteria for options such as:
✅ Upgrading from Family-Based to Employment-Based Categories
✅ National Interest Waivers & Other Strategic Adjustments

3. Preventing Costly Delays & Mistakes

Errors in paperwork, missed deadlines, or misinterpretation of the Visa Bulletin can cause unnecessary delays. We ensure that your application is properly filed, follows the latest USCIS guidelines, and is positioned for approval without setbacks.

4. Alternative Paths to a Green Card

If your priority date is significantly delayed, we can explore whether you qualify for other visa categories that may provide a faster route to permanent residence. Options may include employment-based visas, investor visas, family-based petitions, or humanitarian programs.

5. Ongoing Legal Support & Updates

The Visa Bulletin is updated monthly, and changes in U.S. immigration policy can affect your case. Our legal team provides timely updates, proactive strategies, and personalized consultations to ensure you remain informed and prepared.

Schedule a Consultation with Herman Legal Group Today

Don’t let uncertainty delay your immigration journey. A consultation with our expert immigration attorneys can provide the answers and solutions you need to move forward.

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Additional Resources

For more detailed information and the latest updates, visit the following resources: