Priority Date Explained for Indians
Your priority date is the most important number in your green card process — it sets your place in the queue.
In a nutshell
Your priority date is the date your PERM labor certification was filed with the Department of Labor (for EB-2/EB-3), or the date your I-140 was filed (for EB-1 and EB-2 NIW). It sets your place in the visa queue. For Indian applicants, an earlier priority date means a shorter wait in a very long backlog.
What is a priority date?
A priority date is the date that establishes when you entered the employment-based immigration queue. Think of it like a ticket number at a government office — the lower the number, the sooner you get served.
For most Indian H1B workers pursuing EB-2 or EB-3 green cards:
- Your priority date = the date your employer filed your PERM labor certification with the Department of Labor
- This date is found on your PERM filing receipt (ETA-9089 or Form 9141 PWD)
- Even before your I-140 is filed or approved, this date already exists
In a nutshell
EB-1 and EB-2 NIW exception: If you are pursuing EB-1 (no PERM needed) or EB-2 National Interest Waiver (self-petition), your priority date is the date your I-140 was filed with USCIS — not a PERM date.
Where to find your priority date
Your priority date appears on:
- The PERM filing receipt from DOL (the date the employer's attorney filed ETA-9089)
- Your I-140 approval notice (I-797) — it will list the priority date in the approval
- Your I-485 receipt notice, if I-485 has been filed
Pro tips
- Ask your employer's attorney for the exact PERM filing date — this is your priority date. Do not confuse the PERM certification date (when DOL approved it) with the PERM filing date (when it was submitted). The filing date is your priority date.
Why is the priority date so important for Indians?
The US immigration system allocates employment-based green cards with a per-country 7% cap. No single country can receive more than 7% of all employment-based visas in a fiscal year.
India accounts for a disproportionately large share of EB-2 and EB-3 applicants relative to that 7% cap. The result:
Avoid
- India EB-2 and EB-3 backlogs are measured in years or decades. The priority dates currently being approved for India EB-2 and EB-3 are from the early 2010s. If you filed PERM in 2024, your priority date may not be current until the 2030s or later.
For Indian applicants, the priority date is not just a bureaucratic number — it determines years of waiting in H1B status, whether your children age out, and when you can change jobs freely.
Priority date vs. I-140 filing date
These are different:
| Priority Date | I-140 Filing Date | |
|---|---|---|
| What it is | Date PERM was filed with DOL (or I-140 for EB-1/NIW) | Date I-140 petition was filed with USCIS |
| Who controls it | Set automatically at PERM submission | Filed by employer after PERM certification |
| Why it matters | Determines place in visa queue | Triggers the 180-day AC21 clock for portability |
For EB-2/EB-3: your priority date is the PERM filing date, not the I-140 filing date.
Can a priority date be transferred?
In some situations, yes — a priority date from an earlier approved I-140 can sometimes be "ported" to a new I-140:
- If your first employer's I-140 was approved and you change employers, the new employer may be able to use your old priority date
- This is not automatic — it requires the attorney to request it and the old I-140 must not have been revoked
- Consult your immigration attorney before relying on priority date porting
Frequently asked questions
#### Can my priority date change after it is set? No — your priority date is fixed at the PERM filing date and does not change. However, the visa bulletin cutoff dates move every month, which is why your situation changes month to month even though your date stays the same.
#### What if my PERM was denied or withdrawn? A denied PERM does not establish a priority date. If the PERM was refiled, the new filing date becomes the new priority date. If your I-140 was previously approved (for at least 180 days), your attorney may be able to preserve the old priority date even after the employer withdraws the I-140 — discuss this immediately with your attorney.
#### My priority date is 2020 — am I current for EB-2 India? Check the current visa bulletin Final Action Date for India EB-2. Based on historical patterns, a 2020 priority date for India EB-2 is likely not current yet — but verify with the official bulletin since dates change monthly.
Check your priority date against the visa bulletin
Use the Priority Date Checker to compare your EB category, country, and priority date against the current visa bulletin data.
Open Priority Date Checker →