Employment Immigration: Frequently Asked Questions About Priority Dates

Introduction

Priority dates are an important part of many employment-based immigration cases because they help determine when an immigrant visa may become available. Understanding how priority dates are established, tracked, and used can help applicants better understand the progress of their permanent residence process.

What Is a Priority Date?

A priority date generally represents an applicant’s place in line for an employment-based immigrant visa. Depending on the employment-based category, the priority date may be established when a labor certification application is filed with the Department of Labor or when an immigrant petition is properly filed with USCIS.

Does the priority date mean my green card is available? Not necessarily. A priority date must generally be compared with the applicable Visa Bulletin to determine whether an immigrant visa number is available. The relevant employment-based category and the applicant’s country of chargeability can affect visa availability.

Can my priority date change? In some circumstances, an applicant may be able to retain a priority date from an earlier approved employment-based immigrant petition when a later petition is filed. However, the ability to retain a date can depend on the circumstances of the earlier petition and whether it remains valid for that purpose.

How Do I Know When My Priority Date Is Current?

Where can I check my priority date? Applicants can generally find the priority date on relevant immigration documents, such as a labor certification record or an I-140 approval or receipt notice, depending on how the date was established. Keeping copies of these documents can make it easier to track the case accurately.

How do I compare my date with the Visa Bulletin? The U.S. Department of State publishes monthly Visa Bulletin information showing cutoff dates for employment-based immigrant visa categories. For adjustment-of-status applicants in the United States, USCIS also determines which employment-based chart may be used for filing adjustment applications in a particular month.

What happens if my priority date becomes current? A current priority date generally means the applicant may be eligible to move forward with the next available stage of the permanent residence process, assuming all other requirements are satisfied. Visa availability can change, including through retrogression, so applicants should review current information before taking action.

Conclusion

Priority dates can be confusing, particularly when visa availability changes from month to month. This article provides general information and is not legal advice. Because the rules and available options depend on the details of each immigration case, individuals should consult a qualified immigration attorney regarding their specific circumstances.