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INA § 203(b) / DOS Visa Bulletin / 7% Per-Country Limit

U.S. EB Green Card Preference & Priority Dates Guide

Guide to the U.S. employment-based Green Card preference system, including EB-1, EB-2, and EB-3 categories, priority-date rules and retention, Department of State Visa Bulletin Final Action Dates and Dates for Filing, USCIS adjustment-of-status chart selection, per-country limits, and employment-based visa backlogs.

Comprehensive Executive Summary

This guide explains how U.S. employment-based immigrant categories, priority dates, Visa Bulletin cutoffs, per-country limits, and adjustment-of-status or consular-processing procedures interact. It covers EB-1, EB-2, and EB-3 classifications; how priority dates are established and retained; the difference between Final Action Dates and Dates for Filing; USCIS's monthly adjustment-of-status chart selection; visa-number availability; chargeability and per-country limits; and the basic sequence from PERM and/or I-140 through final green-card processing.

Priority Date Establishment
Generally established when DOL accepts a required labor certification for processing, or when USCIS properly receives an I-140 where labor certification is not required.
7% Per-Country Cap
INA § 202 generally limits one foreign state to 7% of the combined annual family-sponsored and employment-based preference limits, subject to statutory exceptions, chargeability rules, and applicable exceptions or adjustments.

Employment-Based Preference Categories Breakdown

CategoryStatutory ProvisionAnnual Worldwide Allocation
EB-1 (Priority Workers)INA § 203(b)(1)28.6% of worldwide limit (+ unused EB-4/EB-5)
EB-2 (Advanced Degree / NIW)INA § 203(b)(2)28.6% of worldwide limit (+ unused EB-1)
EB-3 (Skilled / Professionals)INA § 203(b)(3)28.6% of worldwide limit (+ unused EB-2)
Priority Date Retention8 CFR § 204.5(e)Generally retained under 8 CFR § 204.5(e), subject to specified regulatory exceptions
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Official Government Resource

Always consult official Department of State and USCIS publications before filing immigration applications.

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Frequently Asked Questions (FAQ)

For employment-based cases requiring labor certification, the Priority Date is generally the date the Department of Labor accepts the labor certification application for processing. For employment-based cases that do not require labor certification, the Priority Date is generally the date USCIS properly receives the Form I-140 petition.

Final Action Dates indicate when an immigrant visa may be issued or adjustment of status may be approved, subject to all other requirements. Dates for Filing indicate when applicants may begin submitting required documentation for immigrant visa processing, and for adjustment of status applicants, USCIS determines each month whether the Dates for Filing or Final Action Dates chart may be used for Form I-485 filings.

Under INA Section 202, the per-country limit generally restricts the number of family-sponsored and employment-based preference immigrants chargeable to any one foreign state to 7% of the combined annual preference limits, subject to statutory exceptions and adjustment rules. For FY2026, the Department of State states this limit as 25,620. High-demand chargeability areas such as India and China can therefore experience significant backlogs.

Under 8 CFR § 204.5(e), an approved employment-based immigrant petition generally establishes a priority date that may be retained for a later employment-based immigrant petition. Retention is subject to the regulation's exceptions, including circumstances in which USCIS revokes the approval because of fraud or willful misrepresentation, or because the accompanying labor certification is revoked or invalidated.

EB-1 includes persons of extraordinary ability, outstanding professors or researchers, and certain multinational executives and managers. EB-2 includes members of the professions holding advanced degrees, persons of exceptional ability, and certain National Interest Waiver beneficiaries. EB-3 includes skilled workers, professionals, and other workers. Each preference category is subject to statutory numerical allocations and transfer rules.

When a priority date is current (C) or is earlier than the applicable Final Action Date, a visa number may be available for final action, subject to all other statutory, regulatory, procedural, and admissibility requirements. For adjustment of status, USCIS must also be able to adjudicate the Form I-485 under the applicable filing and visa-availability rules. A priority date becoming current does not by itself guarantee approval.
Official U.S. Government References

• U.S. Department of State Monthly Visa Bulletin: travel.state.gov/visa-bulletin
• USCIS Adjustment of Status Filing Charts: uscis.gov/visabulletininfo