For employment based green card applications, your priority date is the date that your PERM labor certification was filed (or I-140 immigrant petition in some situations) and reserves your place in line for a green card.
Why do we have priority dates?
There are priority dates because there are more immigrant visa applicants then there are immigrant visas available each year. Congress establishes annual limits on the number of immigrant visas issued, currently at 140,000, aiming to regulate immigration numbers effectively. The U.S. Department of State (DOS) plays a crucial role in this process by publishing a monthly Visa Bulletin, which outlines cut-off dates governing visa availability.
These cut-off dates determine when applicants become eligible to apply for permanent resident status, based on their priority dates, and are separated into two charts: “dates for filing” and “final action dates”.
The USCIS determines which chart, “dates for filing” or “final action dates” will be used each month on Current Month’s Adjustment of Status Filing Chart.
Applicants affected by visa retrogression must wait until their priority date is current to file for a green card. They must maintain valid nonimmigrant status in the U.S. up an until they can file for a green card; depart when their status expires and re-enter at a later time on a new visa; or depart the U.S. and wait for an immigrant visa abroad.
