Understanding Eligibility for Priority Dates

Introduction

A priority date is an important part of many employment-based immigration cases. It generally establishes an applicant’s place in line for an immigrant visa when visa numbers are limited. Understanding how a priority date is established and when it can be used can help employment-based immigrants better understand the permanent residence process.

How Is a Priority Date Established?

The rules for establishing a priority date depend on the type of employment-based case. When a case requires a labor certification, the priority date is generally the date the labor certification application is properly filed with the U.S. Department of Labor. When labor certification is not required, the priority date is generally the date a qualifying immigrant petition, such as Form I-140, is properly filed with U.S. Citizenship and Immigration Services.

Having a priority date does not, by itself, mean that an applicant is eligible to receive a green card immediately. The underlying employment-based category must also be appropriate, and the applicant generally must meet the requirements for that category. Depending on the case, factors such as the offered position, required qualifications, and approved immigrant petition may be important.

When Can a Priority Date Be Used?

Whether a priority date is considered current depends largely on visa availability. The U.S. Department of State publishes a monthly Visa Bulletin that shows visa availability for different employment-based categories and countries or areas of chargeability.

The Visa Bulletin uses different charts, including Final Action Dates and Dates for Filing. Which chart applies can depend on whether the applicant is applying through adjustment of status in the United States or through immigrant visa processing abroad. For adjustment-of-status cases, applicants must also follow the chart designated for use by USCIS for the applicable month.

Priority dates can move forward, remain unchanged, or move backward. A priority date may therefore be current at one point and later become subject to visa retrogression. Applicants should avoid assuming that a particular date will remain available based on past Visa Bulletin movement.

Conclusion

Understanding priority dates requires looking at both the underlying employment-based case and current visa availability. The rules can differ depending on the employment category, country of chargeability, and method of applying for permanent residence. This article provides general informational guidance and is not legal advice. Individuals should consult a qualified U.S. immigration attorney to determine how priority-date rules apply to their specific circumstances.