The Visa Bulletin and Priority Dates Explained for Employment Green Cards 2026

The monthly Visa Bulletin controls when your green card moves forward — understanding priority dates and final action dates can save you years of waiting.

You have a PERM filed, or an I-140 approved, and someone mentions your "priority date." You check the Visa Bulletin on travel.state.gov, see a table full of dates and country codes, and walk away more confused than when you started. You're not alone — the Visa Bulletin is genuinely confusing on first read, and for Indian and Chinese nationals in EB-2 or EB-3 categories, the stakes are high enough that misreading it by a month can mean a missed filing window.

This guide explains exactly how the Visa Bulletin works, how to read the two charts, what retrogression is and why it happens, and what practical steps you can take to protect your place in line — whether you're early in the PERM process or already years into waiting.

What the Visa Bulletin is and why it exists

The US issues a limited number of employment-based immigrant visas each fiscal year. The statutory cap is 140,000 employment-based visas annually, allocated across five preference categories (EB-1 through EB-5). Within each category, no single country can receive more than 7% of the annual total — a rule called the per-country cap.

Because demand from some countries (India and China in particular) far exceeds that 7% ceiling, a queue forms. The Visa Bulletin, published monthly by the State Department, is the official announcement of how far the queue has moved — which applicants are "current" and can receive a visa number this month.

The State Department and USCIS coordinate on bulletin cutoffs. USCIS uses the bulletin to decide which I-485 adjustment-of-status applications can be approved, and consular posts abroad use it to schedule immigrant visa interviews.

The two charts and how to read them

Every Visa Bulletin contains two separate charts. Confusing them is one of the most common mistakes applicants make.

Chart A — Final Action Dates

This chart controls when USCIS can actually approve your green card and issue a visa number. If your priority date is earlier than (or equal to) the date shown for your category and country, your case can be adjudicated to a final decision. This is the chart that matters for your approval, not just your filing eligibility.

Chart B — Dates for Filing

This chart shows when applicants can submit Form I-485 (adjustment of status) to USCIS — even if a visa number isn't yet available. Filing I-485 early lets you apply for work authorization (EAD) and travel authorization (Advance Parole) while you wait, which is a significant practical benefit.

USCIS announces monthly — typically alongside the bulletin's release — whether it will accept I-485 filings based on Chart B or only Chart A. When USCIS accepts Chart B filings, it's called "utilizing the Dates for Filing chart." Not every month offers this option, and the decision is USCIS's alone, not the State Department's.

Reading the table — a worked example

Note: Dates above are illustrative examples in the format used by the State Department — always check travel.state.gov for the current bulletin.

"C" means Current — no backlog, anyone with an approved I-140 in that category can proceed. A date like "01JUL12" means only applicants with a priority date on or before July 1, 2012 are eligible this month.

Your country of chargeability is normally your country of birth, not citizenship or residence. The one exception: if your spouse was born in a country with a shorter line (or no backlog), you may be able to charge to your spouse's country in certain circumstances — consult an immigration attorney before relying on this.

Priority dates explained

Your priority date is the date that marks your place in line. It is set once and doesn't move, regardless of how many times you change employers (as long as you preserve it properly — more on that below).

How your priority date is established:

• EB-2 and EB-3 (employer-sponsored): The date DOL received your PERM labor certification application. If your employer skips PERM (Schedule A occupations like nurses, physical therapists), the priority date is the I-140 filing date.
• EB-1: The date USCIS received your I-140.
• EB-2 NIW (National Interest Waiver): The date USCIS received your I-140 self-petition. No PERM required, so there's no earlier DOL date. For more on the NIW path, see our EB-2 NIW self-petition guide.

The broader green card process — from PERM through I-140 through I-485 — is explained in detail in our PERM and green card while on H-1B guide.

Priority date is "current" — what does that mean?

When USCIS or the State Department says your priority date is "current," it means a visa number is available for you right now. If you haven't yet filed I-485 (adjustment of status), you can do so. If you already filed I-485, your case can be approved and your green card issued.

"Current" does not mean the process is instantaneous — USCIS still needs to adjudicate your I-485, which takes additional time based on workload. But it does mean the visa number bottleneck is no longer blocking you.

What is retrogression and why does it happen

Retrogression is when the Visa Bulletin cutoff date moves backward — meaning applicants who were eligible last month are no longer eligible this month. It sounds alarming but it is a normal, recurring feature of the system.

Here is why it happens: The State Department projects demand for visa numbers each month based on pending I-485 cases, consular pipeline, historical approval rates, and age-out risks (children aging out of derivative status). When the projection suggests the annual cap for a country-category combination will be exhausted before September 30 (end of the US fiscal year), the State Department pulls the cutoff date back to slow demand.

Retrogression is most severe in EB-2 India and EB-3 India, where the backlog runs decades long. The per-country 7% cap means that even though India generates a disproportionate share of EB-2 and EB-3 petitions, it can only receive the same number of annual visas as any other country. See our EB-2 India retrogression analysis for more context on the India-specific backlog.

How retrogression affects you in practice

• If you had already filed I-485 before retrogression, your case stays filed — it just cannot be approved until your date becomes current again
• If you had not yet filed I-485 and retrogression pulls the cutoff behind your priority date, you must wait again
• EAD and Advance Parole renewals for a pending I-485 continue to be issued even during retrogression, so your work authorization doesn't disappear

The step-by-step timeline from PERM to green card

Understanding where the Visa Bulletin fits means understanding the full sequence:

1. PERM labor certification filing — Employer files ETA-9089 with DOL. Standard processing is 6-18 months. This sets your priority date.
2. PERM approval — DOL certifies the labor market test. Your priority date is locked.
3. I-140 filing — Employer (or you, for NIW/EB-1) files I-140 petition with USCIS. Premium processing available for $2,965 (15 business days). Standard processing: 3-6 months.
4. I-140 approval — USCIS approves your petition. For EB-1 and some EB-2, if you're already current, you can file I-485 immediately after I-140 approval (or concurrently).
5. Wait for priority date to become current — Check the Visa Bulletin monthly. This step can take anywhere from weeks to decades depending on your category and country.
6. I-485 filing — File adjustment of status. If Chart B is active and your date is within range, you can file even before final action. You can simultaneously receive your EAD and Advance Parole.
7. Biometrics appointment — USCIS schedules this automatically.
8. I-485 interview (if required) — Most employment-based cases are interview-waived, but USCIS may require an interview depending on the case.
9. I-485 approval — USCIS approves, your green card is issued.

Protecting your priority date when you change employers

One of the most important and least-understood rules: you can preserve your priority date when you change jobs, even if the new employer starts a fresh PERM. Under AC21 Section 106(c):

• Your I-140 must have been approved for at least 180 days
• You must be changing to the same or similar occupational classification (based on SOC codes and job duties)
• The new employer files a new PERM and I-140, but you request that USCIS recognize and use your old priority date

When the new I-140 is approved, the new employer's attorney should explicitly request that USCIS assign the earlier priority date. Without that explicit request, USCIS may default to the new filing date.

If your I-140 is revoked by the petitioning employer before 180 days, the priority date may be lost. If it is revoked after 180 days (and you have already moved to a same-or-similar role), the priority date generally survives under AC21. See our I-140 denial and next steps guide for more on what happens when petitions are withdrawn or denied.

Common mistakes

1. Conflating Final Action Dates with Dates for Filing. Many applicants assume if they can file I-485 (Dates for Filing), their case will soon be approved. These are different thresholds. You can file and wait years before reaching a Final Action Date current enough for approval.

2. Missing the monthly USCIS announcement on Chart B. The State Department releases the bulletin around the middle of each month. USCIS then announces, usually within a few days, whether it will accept I-485 filings under the Dates for Filing chart. Some months USCIS does not accept those filings. If you file based on Chart B during a month when USCIS rejects it, your filing will be returned.

3. Assuming "current" means fast. EB-1 "C" in the Final Action Dates chart means a visa number is available, but USCIS still has a processing queue on I-485 adjudication — currently running 8-24 months for most employment-based categories depending on service center and case complexity.

4. Not checking the bulletin every month. Cutoff dates shift monthly, sometimes dramatically. Retrogression can happen with one month of notice. If you are close to being current, or if retrogression is a risk, check the bulletin as soon as it releases each month. The State Department typically releases it around the 8th-15th of the prior month.

5. Forgetting to preserve the priority date when switching employers. Some workers accept a new offer, let the old I-140 lapse or be withdrawn before 180 days, and lose a priority date they've been accumulating for years. Always talk to an immigration attorney before resigning if your I-140 is not yet 180 days approved.

6. Treating country of chargeability as country of citizenship. Your chargeability country is your country of birth. A person born in India but holding Canadian citizenship is still subject to India's cutoff dates — they cannot charge to Canada.

7. Ignoring the EB-1 option when EB-2 is backlogged. For candidates with an extraordinary record — multiple high-impact publications, patents, senior role in a well-known organization, major awards — EB-1A or EB-1B may be achievable. EB-1 is often current even when EB-2 India is backlogged by over a decade. Compare your options. See our analysis of EB-1A vs EB-2 NIW for engineers.

How to use the Visa Bulletin as a planning tool

Rather than checking it reactively, treat the bulletin as an active planning input:

• Track the trend line. If EB-2 India has been advancing about 3 weeks per month, your rough estimate is approximately 17 years per 1-year backlog. That math helps you decide whether to hold, switch to a NIW path, or pursue EB-1.
• Watch for fiscal year-end movement. In July-September (Q4 of the US fiscal year), the State Department often advances dates aggressively to use up remaining visa numbers before September 30. This is when the biggest single-month jumps occur. It's also when retrogression in October can be sharp.
• Understand the spillover mechanism. Unused visa numbers from EB-1 spill to EB-2, and from EB-2 to EB-3. In years when EB-1 demand is lower than the cap, EB-2 India and China can see unexpected jumps. This is unpredictable but has happened in multiple recent fiscal years.
• Consider the Dates for Filing chart aggressively. Filing I-485 early — the moment Chart B allows it — secures your EAD and Advance Parole, which give you real freedom: take a new job without H-1B dependence, travel without a visa stamp, apply for promotions without worrying about H-1B cap exposure. For H-1B workers considering a transfer, this changes the calculation significantly (see our H-1B transfer playbook).

Frequently asked questions

What is a priority date and how is it assigned?

Your priority date is the date USCIS or DOL officially received your green card petition — for EB-2 and EB-3 it is the date your employer filed the PERM labor certification with DOL. For EB-1 and EB-2 NIW self-petitions it is the date USCIS received your I-140. This date anchors your place in line for a visa number and never changes even if you switch employers (as long as you preserve it under AC21 portability rules).

What is the difference between Final Action Dates and Dates for Filing?

Final Action Dates is the cutoff chart used to determine when USCIS can actually approve your green card and issue a visa number. Dates for Filing (also called Application to Register) is the earlier chart that controls when you can submit Form I-485 for adjustment of status, even if the visa number is not yet available. USCIS announces each month whether it will accept I-485 filings based on the Dates for Filing chart or only the Final Action Dates chart.

What does retrogression mean for a green card applicant?

Retrogression means the cutoff date in the Visa Bulletin moved backward compared to the prior month, which can pull applicants who were previously eligible back into the waiting pool. This happens when USCIS projects that demand for visa numbers in a category will exhaust the annual supply before the fiscal year ends. Retrogression is most common in EB-2 and EB-3 India and China categories due to per-country caps combined with high demand.

How do I know if my priority date is current?

Open the most recent Visa Bulletin from travel.state.gov and find your preference category row and country of chargeability column. If the date shown is "C" (current) or is later than your priority date, your date is current and you may be eligible to file or receive approval. If the bulletin shows a date earlier than your priority date, you must wait. Check each month because the cutoff shifts monthly.

Can I keep my priority date if I change employers?

Yes, in most situations. Under AC21 Section 106(c), if your I-140 has been approved for at least 180 days and you change to a same or similar occupational classification, you can port the priority date. Your new employer files a new PERM and I-140, but you retain the earlier date. Some attorneys also successfully argue priority date preservation even without a fully approved I-140 in limited circumstances, but the 180-day approved I-140 rule is the reliable path.

Have questions about where your priority date stands or how to build your green card strategy? Reach out to F1Jobs — we work with international professionals navigating every stage of the employment green card process.