Your EB-1 green card priority date is the date USCIS properly receives your Form I-140. EB-1 needs no PERM labor certification, so the petition itself sets your place in line. In the November 2026 Visa Bulletin, EB-1 is current for most countries, with Final Action Date cutoffs for India (February 1, 2023) and China (August 1, 2023). For November 2026, USCIS tells employment-based applicants to use the Dates for Filing chart.
Key Takeaways
- Your EB-1 green card priority date is the day USCIS receives your I-140.
- Chargeability follows your country of birth, not your passport.
- In November 2026, USCIS uses the Dates for Filing chart.
- Jumpstart Immigration files U.S. visa and green-card petitions for founders, executives, and operators worldwide, with a 98% approval rate and a methodology trained directly on USCIS adjudicator decisions.
What Is The EB-1 Green Card Priority Date?
The EB-1 green card priority date is the date USCIS receives a properly filed Form I-140 immigrant petition. EB-1 does not require PERM labor certification, so the received date of the petition itself becomes the priority date.
That single date sets your place in line. It also controls when you can file Form I-485 or pursue consular processing abroad. Nothing else in the petition substitutes for it.
How EB-1 Green Card Priority Dates Work
Your EB-1 green card priority date is locked in when USCIS accepts your I-140. The priority date is established the moment USCIS physically receives a properly filed I-140 at the designated filing location.
Rejected and Denied Filings
A rejected filing does not keep a filing date, and a denied petition does not establish a priority date. If a petition is rejected and resubmitted, USCIS treats the corrected submission as a new filing with a new received date.
Country of Chargeability
Country of chargeability is tied to your birth country. Federal immigration law charges each immigrant to the country of birth. This rule often surprises applicants who later naturalized elsewhere or hold multiple passports. It can also be an expensive misunderstanding.
Per-Country Limits
The Visa Bulletin sets the per-country limit at 7% of the total family and employment preference limits, or 25,620 visas. High-demand countries such as India and China line up separately from the rest of the world. That creates cutoff dates that may sit years behind the filing date.
How To Find Your EB-1 Green Card Priority Date On Your I-140 Receipt
The priority date appears on the Form I-797 receipt notice and on the Form I-797 approval notice issued for the I-140. Look for the box explicitly labeled “Priority Date.”
The notice date, approval date, and mailing date are separate fields on the same document. Check the label before you record the date.
If the I-140 Was Amended or Refiled
If the I-140 was amended or refiled, the priority date on the most recent properly accepted filing usually controls. Some applicants can retain an earlier date from a previously approved petition.
If You Cannot Find the Date
If the date is not clearly visible on your notice, contact the attorney or representative who filed the petition. You can also submit an inquiry through your USCIS online account.
For a deeper look at what goes into building a strong I-140 petition, see EB-1 Green Card Processing Time In 2026: A Founder's Guide.
Final Action Dates Vs. Dates For Filing For EB-1
The monthly Visa Bulletin contains two charts for employment-based cases. Final Action Dates control when a visa number is available for final adjudication and green card approval. Dates for Filing can let you submit Form I-485 earlier, before final approval is possible.
Which Chart USCIS Honors Each Month
USCIS decides each month whether adjustment-of-status applicants may use the Dates for Filing chart by comparing available immigrant visas to known demand. The chosen chart appears on the USCIS Adjustment of Status Filing Charts page. Check that page every month because the designation can change.
Filing under the Dates for Filing chart does not trigger immediate approval. The Final Action Dates chart still controls when a visa number is available for the green card to be granted.
November 2026 EB-1 Green Card Priority Date Snapshot By Country
The November 2026 bulletin highlights why country of birth matters for EB-1 timing. India and China show cutoff dates that trail the filing date, while every other country is current on both charts.
The figures below are drawn from the U.S. Department of State, November 2026 Visa Bulletin. Re-verify against travel.state.gov each month because cutoff dates move and no date remains permanent.
November 2026 EB-1 Cutoff Dates
| Country of birth | Final Action Date | Date for Filing |
|---|---|---|
| India | February 1, 2023 | July 1, 2024 |
| China (mainland born) | August 1, 2023 | July 1, 2024 |
| All other countries, including Mexico and the Philippines | Current | Current |
EB-1 Green Card Priority Date for India
India's EB-1 Final Action Date stayed at February 1, 2023 from October to November 2026. The Date for Filing is July 1, 2024. An India-born founder needs a priority date before February 1, 2023 for final approval this month.
EB-1 Green Card Priority Date for China
China moved from July 1, 2023 to August 1, 2023, a one-month advance. The Date for Filing stays at July 1, 2024. A China-born founder needs a priority date before August 1, 2023 for final approval this month.
Source: U.S. Department of State, November 2026 Visa Bulletin. Dates are subject to change each month.
How To Check If Your EB-1 Green Card Priority Date Is Current
- Find the priority date on your I-140 receipt.
- Identify your country of chargeability by birth.
- Open the current Visa Bulletin.
- Compare your date against the correct chart.
- Confirm which chart USCIS is honoring this month.
Step 1: Find the Priority Date on Your Receipt
Locate the box labeled “Priority Date” on your Form I-797 receipt or approval notice. The notice date and approval date are different fields, so read the label before you copy anything down.
Step 2: Identify Your Country of Chargeability
Use your country of birth, rather than your citizenship or current residence. A later passport from another country does not change your place in line.
Step 3: Open the Current Visa Bulletin
Go to travel.state.gov and find the latest monthly bulletin. The Department of State posts a new edition each month.
Step 4: Compare Your Date Against the Correct Chart
Check both the Final Action Dates and Dates for Filing tables in the EB-1 row for your chargeability country. Your date must be earlier than the listed cutoff to count as current.
Step 5: Confirm Which Chart USCIS Is Honoring
Visit the USCIS Adjustment of Status Filing Charts page to see which chart applies before you file. The designation can change from one month to the next.
A Worked Example: An India-Born Founder Checks The November 2026 Bulletin
Founder 1: Current on the Final Action Dates Chart
Consider an India-born founder whose I-140 was received by USCIS on March 15, 2022. Their EB-1 green card priority date is March 15, 2022.
In November 2026, the EB-1 Final Action Date for India is February 1, 2023. Because March 15, 2022 is earlier, this date is current on the Final Action Dates chart. They can file Form I-485 and seek final approval, provided all other eligibility requirements are met.
Founder 2: Can File, Must Wait for Approval
Now consider a founder whose I-140 was received on September 1, 2023. That date is later than the Final Action Date of February 1, 2023, but earlier than the Dates for Filing cutoff of July 1, 2024 for India in November 2026.
This founder can file Form I-485 in November 2026 under the Dates for Filing chart. Approval waits until the Final Action Date moves past September 1, 2023.
Founder 3: Not Current Yet
A third founder has a priority date of September 1, 2024. That date is later than both cutoffs for India in November 2026. A priority date equal to or later than the listed cutoff is not current; it must be earlier than the date shown.
This founder must wait and re-check each month. An attorney confirms eligibility before any filing.
What Happens When Your EB-1 Green Card Priority Date Becomes Current
When your priority date is earlier than the cutoff in the chart that applies to you, a visa number can be requested. What you do next depends on where you live.
Inside the U.S.: File Form I-485
If you are in the U.S. in valid status, you file Form I-485 to adjust status. For November 2026, USCIS accepts employment-based I-485 filings under the Dates for Filing chart. Approval still waits for the Final Action Date. See how long the I-485 stage can take.
Outside the U.S.: Consular Processing
If you live abroad, your case moves to the National Visa Center (NVC) and then a U.S. consulate. The Visa Bulletin tells immigrant visa applicants when to assemble and submit required documents to the National Visa Center. The consulate then schedules the immigrant visa interview.
What Happens If Your EB-1 Green Card Priority Date Is Not Current
While you wait, two tasks matter most. Re-check the Visa Bulletin each month, and keep valid nonimmigrant status in the meantime. Letting status lapse can create inadmissibility issues that complicate the eventual I-485 filing.
Your approved I-140 keeps its priority date unless USCIS revokes it for fraud, willful misrepresentation, or material error. An approved EB-1 or EB-2 I-140 also gives you its priority date for a later EB-1 or EB-2 petition.
The O-1 Visa as a Bridge
The O-1 visa often serves as a practical bridge for founders. The USCIS Policy Manual says USCIS should not deny an O-1 extension on the basis of the filing of a preference petition, and that there is no limit to the number of O-1 extensions of stay.
That helps founders born in backlogged countries stay in the U.S. while the EB-1 date catches up. See how to qualify for an O-1 visa and the O-1 visa timeline for startups.
More on EB-1 Timing and Denials
EB-1 Green Card Denial Reasons And What To Do Next covers what happens if a petition does not go as planned. EB-1 Visa Processing Time: Full 2026 Timeline walks through the full sequence from I-140 to green card.
Why EB-1 Priority Dates Move or Retrogress
Retrogression means a cutoff date moves backward. It happens when demand from a country or category is higher than the visas left for the year.
The Visa Bulletin sets the final action date for an oversubscribed category at the priority date of the first applicant who could not be reached within the numerical limits. EB-1 receives 28.6% of the employment-based worldwide level, which is at least 140,000 visas a year.
What Retrogression Means for Planning
That is why we check each bulletin before planning a filing month. A date that is current today can move back next month.
Can Premium Processing Speed Up Your EB-1 Green Card Priority Date?
No. Premium processing speeds up the USCIS decision on your I-140. It does not move your priority date or your place in line.
The federal regulation on premium processing sets 15 business days for EB-1A and EB-1B petitions and 45 business days for EB-1C petitions for multinational executives and managers. The clock stops if USCIS issues a Request for Evidence (RFE) and restarts when USCIS receives your response.
New Green Card Rules for 2026 That Affect EB-1 Filers
Two changes from 2026 matter for anyone tracking an EB-1 priority date.
Denials Without an RFE
USCIS's August 5, 2026 Policy Alert on Evidence, Requests for Evidence, and Notices of Intent to Deny lets USCIS deny a petition without first sending an RFE or a Notice of Intent to Deny (NOID) when required initial evidence is missing. USCIS can also set RFE response periods shorter than 12 weeks.
For a founder, a complete I-140 at filing protects the priority date. A denied petition does not establish a priority date.
Dates for Filing Chart in November 2026
For November 2026, USCIS designates the Dates for Filing chart for all employment-based categories. India-born and China-born EB-1 applicants with dates before July 1, 2024 can file Form I-485 this month if they meet every other requirement.
EB-1 Vs. EB-2 NIW Priority Date
If your EB-1 date is stuck, the next question is whether another category might move faster. The priority-date mechanics are identical across EB-1 and EB-2 NIW: both use the date USCIS receives a properly filed I-140, and both follow the same monthly Visa Bulletin charts.
How Far Apart the Two Categories Are
The difference lies in category and backlog behavior. EB-1 is a first-preference category and generally advances ahead of EB-2. In the November 2026 bulletin, the EB-2 Final Action Date is November 1, 2013 for India and October 1, 2021 for China, against February 1, 2023 and August 1, 2023 for EB-1.
Compare the Two Paths
For a full comparison of how the two paths differ in eligibility and strategy, see EB-2 NIW Priority Date: How To Find It And Use It and EB-1 Vs EB-2 NIW Requirements: Which Green Card Fits You?
How Jumpstart Helps With Your EB-1 Green Card Priority Date
Jumpstart files O-1 petitions as its flagship service and EB-1A petitions as a natural extension for founders and executives expanding to the US. Its methodology is trained directly on patterns in USCIS adjudicator decisions.
If you want your priority date and filing strategy mapped before you file, start with an eligibility check.
Frequently Asked Questions
What is the EB-1 green card priority date?
The EB-1 green card priority date is the date USCIS properly receives your Form I-140. EB-1 needs no PERM labor certification, so the petition itself sets the date. That date is your place in line for a visa number.
How do I find my EB-1 green card priority date?
Look for the Priority Date field on the Form I-797 receipt or approval notice for your I-140. The notice date and the received date are separate fields. If the field is unclear, ask the attorney who filed the petition or check your USCIS online account.
How to check the Visa Bulletin?
Open the current Visa Bulletin from the U.S. Department of State and find the employment-based charts. Read the 1st (EB-1) row in the column for your country of birth. Then check the USCIS Adjustment of Status Filing Charts page to see which chart USCIS accepts that month.
Which priority date is current right now?
In the November 2026 Visa Bulletin, EB-1 is current for every country except China and India. The EB-1 Final Action Date is August 1, 2023 for China and February 1, 2023 for India. The EB-1 Date for Filing is July 1, 2024 for both.
What happens if my priority date is not current?
You wait. A visa number is available only when your priority date is earlier than the date in the chart. Keep a valid status in the meantime. Your approved I-140 keeps its priority date unless USCIS revokes it for fraud, willful misrepresentation, or material error.
When can I file Form I-485 for an EB-1 green card?
You can file Form I-485 when your priority date is earlier than the date in the chart USCIS designates for that month. For November 2026, USCIS designates the Dates for Filing chart for all employment-based categories. Filing early is not approval: the Final Action Date still has to reach your date.
Why do EB-1 priority dates retrogress?
Dates move back when demand from a country or category is higher than the visas available. The Visa Bulletin sets the final action date at the priority date of the first applicant who could not be reached within the numerical limits. EB-1 receives 28.6% of the employment-based worldwide level, and each country is capped at 7%.
How does country of birth affect the EB-1 green card priority date?
Your country of birth, not your citizenship, decides which Visa Bulletin column you use. Federal immigration law charges each immigrant to the country of birth, with narrow exceptions such as using a spouse's country of birth. That is why applicants born in India and China wait longer.
Can premium processing speed up my EB-1 green card priority date?
No. Premium processing speeds up the decision on your I-140, not your place in line. The federal regulation on premium processing sets 15 business days for EB-1A and EB-1B petitions and 45 business days for EB-1C. Your priority date stays the date USCIS received the petition.
What are the new green card rules for 2026?
For EB-1 filers, the key change is USCIS's August 5, 2026 Policy Alert on Evidence, Requests for Evidence, and Notices of Intent to Deny. USCIS can now deny a petition without first sending a Request for Evidence (RFE) when required initial evidence is missing. A complete I-140 at filing matters more than before.
Conclusion: Know Your EB-1 Green Card Priority Date, Then Act On It
Four facts determine your next move: your EB-1 green card priority date, your country of chargeability by birth, which Visa Bulletin chart USCIS is honoring this month, and whether your date is earlier than the applicable cutoff.
When all four align, you can move from I-140 approval to I-485 or consular processing with a clear plan instead of guesswork.
What to Do Each Month
Re-verify the Visa Bulletin every month, maintain valid status while you wait, and have a filing strategy ready for the month your EB-1 green card priority date becomes current.
Jumpstart Immigration files U.S. visa and green-card petitions for founders, executives, and operators worldwide, with a 98% approval rate and a methodology trained directly on USCIS adjudicator decisions.
*Jumpstart is not a law firm and does not provide legal advice. All legal services are performed by independent licensed attorneys.
