DOS Visa Bulletin / Priority Date / Annual Numerical Caps
U.S. Immigration Priority Dates & EB Green Card Preference Guide 2026
Complete guide to the U.S. employment-based Green Card preference system: EB-1, EB-2, EB-3 priority dates, DOS Visa Bulletin monthly cutoffs, and country-specific backlogs for India and China.
Overview
U.S. employment-based immigration uses a preference category system with annual numerical caps. EB-1 (extraordinary ability, multinational managers, outstanding researchers) is priority with no labour certification. EB-2 NIW (National Interest Waiver) and EB-3 (skilled workers) are subject to per-country limits of 7%. The DOS Visa Bulletin publishes monthly priority date cutoffs. Indian-born EB-2/EB-3 backlog currently exceeds 100 years at current rates.
Key Facts & Statutory Reference
| Item | Detail | Statutory / Official Source |
|---|---|---|
| EB-1A | Extraordinary Ability — self-petitioned, no job offer | INA § 203(b)(1)(A) |
| EB-2 NIW | National Interest Waiver — no PERM labour cert required | INA § 203(b)(2)(B) |
| EB-3 | Skilled Workers/Professionals — PERM labour cert required | INA § 203(b)(3) |
| Per-Country Cap | 7% of annual employment-based Green Cards per country | INA § 202(a)(2) |
| Annual EB Cap | 140,000 employment-based Green Cards per fiscal year | INA § 201(d) |
Frequently Asked Questions (FAQ)
Your priority date is the date USCIS received your Form I-140 petition (or PERM labor certification if filed first). Compare this to the monthly DOS Visa Bulletin cutoff date for your preference category and country of birth.
The DOS Visa Bulletin publishes two charts monthly. The Final Action Dates chart shows when a visa can actually be issued. The Dates for Filing chart (when USCIS authorises it) shows when adjustment of status (Form I-485) can be filed earlier.