What You Should Know About Priority Dates

Introduction

A priority date is an important part of the employment-based immigration process because it helps determine when an immigrant visa may become available. Understanding how priority dates work can help applicants better understand the timing of their green card process and why an approved I-140 petition does not always mean permanent residence is immediately available.

How Is a Priority Date Established?

For many employment-based categories that require a labor certification, the priority date is generally the date the Department of Labor receives the labor certification application. For employment-based categories that do not require labor certification, the priority date is generally established when USCIS properly receives the qualifying immigrant petition.

The priority date is not the same as the I-140 approval date. An I-140 petition may be approved relatively quickly while the beneficiary still has to wait for an immigrant visa number to become available. The applicable employment-based preference category and the beneficiary’s country of chargeability can affect this timing.

Priority dates can also become particularly important when demand exceeds the number of immigrant visas available in a particular category. In these circumstances, applicants may need to wait for their priority date to become current before taking the next major step toward permanent residence.

How Does the Visa Bulletin Affect Your Case?

The U.S. Department of State publishes a monthly Visa Bulletin showing the availability of immigrant visa numbers in employment-based categories. The bulletin generally includes separate charts for “Final Action Dates” and “Dates for Filing.” Which chart applies to an adjustment-of-status case can depend on USCIS guidance for the particular month.

A priority date is generally considered current when it meets the applicable date shown in the relevant Visa Bulletin chart, subject to the rules governing the applicant’s case. Visa availability can move forward, remain unchanged, or sometimes move backward, a situation known as retrogression.

Because Visa Bulletin dates can change from month to month, applicants should avoid assuming that an I-140 approval automatically means they can immediately file for adjustment of status. The availability of an immigrant visa and the applicant’s individual circumstances must be considered.

Conclusion

Priority dates play a central role in determining when an employment-based immigrant visa may become available. The rules can vary depending on the employment category, country of chargeability, and whether the applicant is pursuing adjustment of status or consular processing. This article provides general information and is not legal advice. Individuals should consult a qualified immigration attorney regarding their specific circumstances and the appropriate strategy for their case.