What Evidence Helps Support Employment-Based Priority Dates?

Introduction

In employment-based immigration, a priority date generally determines an applicant’s place in line for an immigrant visa number. Establishing and preserving the correct priority date is therefore an important part of the employment-based green card process. The documents needed can vary depending on the employment-based category and whether the case involves a labor certification, an I-140 petition, or another qualifying process.

Documents That Help Establish the Priority Date

For many employment-based cases involving PERM labor certification, the priority date is generally tied to the date the Department of Labor receives the labor certification application. Evidence may include documentation showing that the labor certification was properly filed and the filing date recorded by the government.

For employment-based categories that do not require PERM, the priority date is generally associated with the filing of the I-140 petition. The I-140 receipt notice is therefore an important document because it typically identifies the petition’s receipt date and other case information. Applicants should keep copies of their petition, receipt notices, approval notices, and related correspondence.

It is also important to distinguish the priority date from the date an immigrant visa becomes available. A priority date may be established even when a visa number is not yet available. The Department of State’s Visa Bulletin is used to determine when certain employment-based categories and countries of chargeability may move forward.

Evidence for Maintaining and Using a Priority Date

Once an employment-based petition has been approved, the approval notice can be important evidence when determining whether a priority date may be retained in a later employment-based petition. The ability to retain a priority date can depend on the circumstances of the case, including whether an earlier petition remains valid for that purpose.

Applicants should maintain a complete immigration file containing PERM documentation, I-140 filings, USCIS receipt and approval notices, and relevant employment records. Consistency among these documents can help avoid confusion about the employment category, beneficiary information, and priority date.

Priority dates can also move forward or backward depending on visa availability. Because visa availability and priority-date rules can be complicated, an applicant should not assume that an approved I-140 automatically means that permanent residence can be filed immediately.

Conclusion

Evidence supporting an employment-based priority date typically comes from government filing records, receipt notices, approval notices, and other documents connected with the underlying immigration process. Because the rules can differ among employment-based categories and individual circumstances, prospective applicants should consult a qualified immigration attorney to determine which documents are relevant to their case. This article provides general informational content only and is not legal advice.