Unmarried Sons and Daughters of U.S. Citizens
The qualifying I-130 filing date generally establishes the priority date.
Visa Availability • Form I-485 Filing
Priority Dates for Form I-485
In most numerically limited family- and employment-based immigrant categories, a priority date determines the applicant's place in the immigrant visa queue.
To determine whether Form I-485 can be filed or approved, the priority date must be matched with the correct immigrant preference category, country of chargeability, Department of State Visa Bulletin, and USCIS filing-chart designation.
The priority date is usually not the Form I-485 filing date. In many cases it was established months or years before adjustment becomes possible.
PurposePlace in visa queue
Family casesUsually I-130 filing
Employment casesPERM or petition date
Legal reviewAugust 30, 2026
Direct Answer
What Is a Priority Date for Form I-485?
A priority date generally establishes an immigrant's chronological place in line for a visa number in a numerically limited preference category. When visa demand exceeds the numbers available, the priority date is compared with the applicable Visa Bulletin cutoff date.
The method for establishing a priority date depends on the immigrant category. A family petition, PERM labor certification, employment petition, or other qualifying filing may establish the date.
Once established, the date must be matched to the correct preference category and chargeability column before determining whether Form I-485 can be filed or finally approved.
Priority-Date Source
Where Does the Priority Date Come From?
| Immigrant category | Typical priority-date source | Common document showing date |
|---|---|---|
| Family preference | Generally the date USCIS properly received the qualifying Form I-130. | Form I-797 receipt or approval notice. |
| Employment case requiring PERM | Generally the date the Department of Labor accepted the labor certification application for processing. | Certified ETA Form 9089 and I-140 records. |
| Employment case not requiring labor certification | Generally the date USCIS properly received the qualifying immigrant petition. | Form I-797 receipt or approval notice. |
| EB-1A | Generally the I-140 filing date. | Form I-797. |
| EB-2 NIW | Generally the I-140 filing date because PERM is waived. | Form I-797. |
| Immediate relative of U.S. citizen | No preference waiting line for visa-number purposes. | Priority date may appear on petition records but does not control a preference-category backlog. |
Family Preference Cases
The I-130 Filing Date Usually Establishes the Place in Line
Family of Lawful Permanent Residents
F2A and F2B beneficiaries generally receive the priority date of the qualifying I-130 filing.
Married Sons and Daughters
Visa availability depends on the I-130 priority date, F3 category, and applicable chargeability column.
Siblings of U.S. Citizens
Long backlogs make accurate priority-date identification especially important in F4 cases.
Immediate Relatives
Spouses, unmarried children under 21, and parents of qualifying adult U.S. citizens are not subject to the family-preference numerical queue.
Classification Can Change
Naturalization, marriage, divorce, or age can change a family preference classification, requiring a new visa-availability analysis.
PERM Cases
The Labor Certification Filing Date Usually Controls
EB-2 PERM
Where EB-2 classification requires a labor certification, the priority date generally is the date the Department of Labor accepted the labor certification application for processing.
EB-3 PERM
The same basic rule generally applies to EB-3 skilled-worker, professional, and other-worker cases requiring labor certification.
Do not substitute the I-140 filing date. In a PERM-based case, the earlier labor-certification filing date generally establishes the priority date.
Cases Without PERM
The Immigrant Petition Filing Date Often Establishes Priority
EB-1A
Because EB-1A extraordinary-ability petitions do not require PERM, the properly filed Form I-140 generally establishes the priority date.
EB-1B and EB-1C
These classifications generally do not require labor certification, so the immigrant petition filing date ordinarily establishes priority.
EB-2 NIW
A national interest waiver eliminates the labor-certification requirement. The qualifying Form I-140 filing date therefore generally establishes the priority date.
Reading the Visa Bulletin
Compare the Priority Date With the Correct Cutoff
Priority Date + Category + Chargeability + Correct Chart
All four must be correct before deciding whether Form I-485 can be filed.
Find the Category
Identify the correct family or employment preference classification.
Find the Chargeability Column
Use the applicable country or area of chargeability, ordinarily based on country of birth subject to statutory exceptions.
Find the Applicable Chart
For I-485 filing, check USCIS's monthly designation to determine which Department of State chart applies.
Earlier Means Current
How to Compare the Two Dates
| Visa Bulletin entry | Priority date | General result |
|---|---|---|
| C — Current | Any otherwise qualifying priority date | No cutoff-date restriction for that category and chart during the month. |
| January 1, 2024 | December 15, 2023 | Priority date is earlier than cutoff and is within the chart. |
| January 1, 2024 | January 1, 2024 | Not yet within the cutoff because the priority date generally must be earlier than the listed date. |
| January 1, 2024 | February 10, 2024 | Not within the chart. |
| U — Unavailable | Any date | No visa numbers are available for the category under that chart during the relevant period. |
A priority date equal to the published cutoff date is generally not current. The applicant's priority date ordinarily must be earlier than the cutoff.
Country of Chargeability
The Priority Date Alone Is Not Enough
Usually Country of Birth
Visa chargeability generally follows the applicant's country of birth rather than citizenship or current residence.
Separate Oversubscribed Columns
The Visa Bulletin may contain separate cutoff dates for countries or areas with higher visa demand.
Cross-Chargeability
In qualifying cases, an applicant may use a spouse's or certain other family member's chargeability under the statutory cross-chargeability rules.
Cross-chargeability does not ordinarily change the priority date. It changes the country against which the immigrant visa is charged.
Filing vs. Approval
A Priority Date Can Permit Filing Before Final Approval Is Possible
Form I-485 Filing
USCIS determines each month whether adjustment applicants may use the Department of State Dates for Filing chart or must use the Final Action Dates chart.
Final Adjustment Approval
A numerically limited adjustment case generally cannot be finally approved unless an immigrant visa number is available for final action.
An applicant may therefore have a properly filed and pending Form I-485 even though the priority date is not yet current for final approval.
Priority-Date Retention
An Earlier Employment Priority Date May Sometimes Be Reused
Later Employment Petition
In qualifying employment cases, an applicant with an earlier approved EB-1, EB-2, or EB-3 petition may be able to retain the earlier priority date for a later petition.
Retention Is Not Automatic in Every Case
Applicable regulations contain exceptions and limitations, including circumstances involving revocation or invalidation of the earlier petition or labor certification.
Do not assume the priority date printed on one approval notice automatically transfers to every later immigration basis. Determine whether the governing priority-date retention rule applies.
Derivative Applicants
Spouses and Children Generally Use the Principal's Priority Date
Same Preference Case
A derivative spouse or child generally receives visa availability through the principal applicant's preference classification and priority date.
Separate Chargeability Analysis
The family may be able to use cross-chargeability where the principal and derivative were born in different countries.
CSPA
Visa availability and priority dates can also affect Child Status Protection Act calculations, requiring a separate age-out analysis.
Common Errors
Priority-Date Mistakes That Can Affect Form I-485
Using the I-485 Filing Date
The adjustment filing date usually does not establish the applicant's place in the immigrant visa queue.
Using the I-140 Date in a PERM Case
A PERM-based case generally uses the labor-certification filing date rather than the later I-140 filing date.
Using Citizenship Instead of Chargeability
Country of chargeability ordinarily follows place of birth, not nationality.
Using the Wrong Preference Category
EB-2, EB-3, F2A, F2B, and other categories can have substantially different cutoff dates.
Using the Wrong Visa Bulletin Chart
USCIS determines which chart controls adjustment filing for a particular month.
Treating an Equal Date as Current
A priority date ordinarily must be earlier than the published cutoff date, not merely the same date.
Evidence
Documents Used to Establish the Priority Date
Form I-797
USCIS petition receipt and approval notices frequently identify the priority date for family and employment cases.
Certified Labor Certification
PERM records establish the labor-certification filing date that generally becomes the employment priority date.
Prior Petition Approvals
Earlier I-140 approvals can be important when determining whether an employment priority date may be retained.
Visa Bulletin
The applicable monthly Department of State Visa Bulletin provides the cutoff dates for preference and chargeability categories.
USCIS Filing Chart
USCIS's monthly adjustment filing-chart announcement determines which Visa Bulletin chart may be used to submit Form I-485.
Birth and Marriage Records
These records may become important in determining chargeability and possible cross-chargeability.
Primary Authorities
Priority-Date and Visa-Availability Sources
Related INA245 Guides
Continue the Visa-Availability Analysis
Frequently Asked Questions
Priority Date FAQs
Is my priority date the date I filed Form I-485?
Usually no. The priority date normally comes from an earlier immigrant petition or labor certification and may have been established years before Form I-485 is filed.
What is the priority date in a PERM-based EB-2 or EB-3 case?
It generally is the date the Department of Labor accepted the qualifying labor certification application for processing.
What is the priority date for an EB-2 NIW case?
Because a national interest waiver does not require PERM, the priority date generally is the date USCIS properly received the qualifying Form I-140.
If my priority date equals the Visa Bulletin cutoff date, am I current?
Generally no. The applicant's priority date ordinarily must be earlier than the published cutoff date.
Does citizenship determine my Visa Bulletin country column?
Usually no. Chargeability ordinarily follows country of birth, subject to statutory exceptions such as qualifying cross-chargeability.
Can I file Form I-485 before my Final Action Date is current?
Sometimes. If USCIS authorizes use of the Dates for Filing chart for the relevant month and the applicant's priority date is within that chart, filing may be permitted before final approval is possible.
Visa Availability
Schedule a ConsultationIs the Priority Date Current for Form I-485?
The Messersmith Law Firm, P.A. reviews priority dates, preference categories, chargeability, cross-chargeability, Visa Bulletin charts, priority-date retention, and adjustment filing eligibility.
Legal content reviewed August 30, 2026. Visa Bulletin cutoff dates and USCIS adjustment filing-chart designations change monthly and must be verified for the month in which Form I-485 will be filed or adjudicated.