Visa Bulletin June 2026: Does Priority Date Need to Be Current for I-485 Portability?

A common question among employment-based green card applicants involves I-485 portability under the American Competitiveness in the Twenty-First Century Act (AC21). Specifically, applicants want to know whether their priority date must be current at the time they request to transfer the underlying basis of a pending Form I-485 to a new employer or a different employment-based category. Under AC21 Section 204(j), an applicant with a pending I-485 filed for at least 180 days may port to a new employer in a same or similar occupational classification without needing their priority date to be current at the time of the transfer request. The priority date only needs to be current when USCIS is ready to adjudicate the I-485 itself. For EB-3 applicants considering portability to a new employer or a different category—such as EB-2—the key requirements include an approved or approvable I-140 petition under the new basis, and the I-485 must have been pending for at least 180 days before the job change occurs. The new job offer must be in a same or similar occupational classification. This distinction is particularly important for nationals of countries with heavily backlogged visa queues, such as India and China, where priority dates may be years behind. Applicants in these situations can still initiate portability without waiting for their date to become current, preserving their place in line while transitioning to a new employer or category. Applicants considering I-485 portability should consult with an immigration attorney to ensure all conditions under AC21 are met and that supporting documentation—such as a new employer's offer letter and an approved I-140—is properly filed with USCIS.