Priority Date
Also known as: PD
Foundational · EB-5 Glossary · Last reviewed April 2026
Definition
The date on which an immigrant petition is filed with USCIS. For EB-5, the priority date is established when Form I-526E (or I-526) is received by USCIS. The priority date determines the investor's position in the visa queue: only petitioners whose priority date is earlier than the visa bulletin's final action date can proceed to the green card stage.
Context
Priority date is the single most important date in the EB-5 timeline for investors from backlogged countries. An earlier priority date means an earlier position in the queue. The grandfathering provision protects investors who file before September 30, 2026 from future investment amount increases.
Related Terms
More Foundational Terms
- Adjustment of Status
The process of changing immigration status to lawful permanent resident while physically present in the United States. In the EB-5 context, adjustment of status is one of two pathways to obtain a green card (the other being consular processing). The applicant files Form I-485 with USCIS.
- At-Risk Investment
The legal requirement that EB-5 investment capital be placed at genuine risk of loss for the purpose of generating a return. The investment cannot be structured with a guaranteed return of capital or a guaranteed rate of return. Arrangements that eliminate risk, such as redemption agreements, loan guarantees, or insurance against loss, are inconsistent with the at-risk requirement.
- Concurrent Filing
The practice of filing Form I-485 (Adjustment of Status) at the same time as or shortly after Form I-526E, when a visa number is immediately available. Concurrent filing allows the investor to obtain interim benefits (EAD and Advance Parole) while the I-526E is adjudicated.
- Conditional Residence
A two-year period of permanent resident status that EB-5 investors receive upon initial admission or adjustment of status. During this period, the investor holds the same rights as an unconditional permanent resident but must file Form I-829 to remove the conditions before the two-year anniversary.
- Consular Processing
The process of obtaining an immigrant visa at a U.S. embassy or consulate abroad. In the EB-5 context, consular processing is the alternative to adjustment of status for investors who are not in the United States or who prefer to process abroad. The final step is an in-person interview at the consulate.
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