This article was last updated and fact checked on October 16, 2024 by Mani Karthik.
So, you’re diving into the world of US immigration, and suddenly you come across a term called “priority date.”
Whether you’re applying for a family-based green card or an employment-based one, this date is a crucial part of the process.
But what exactly is it? And why should you care about it?
Let’s break it down.
In this article...
What is a Priority Date?
In simple terms, a priority date is the date when your immigration petition (like a Form I-130 for family-based visas or Form I-140 for employment-based visas) was filed with the US Citizenship and Immigration Services (USCIS).
Think of it as your “spot in line.”
It’s your placeholder in the queue, and it determines when you can move forward with the immigration process, especially if your green card category has annual limits.
Tip: Your priority date is listed on your receipt notice (Form I-797) that you receive after submitting your petition. Keep this document safe!
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Why is the Priority Date So Important?
Priority dates are important because they control when you (or your family member or employee) can proceed to the next step in the green card process.
If you’re applying for a green card under a category that has a quota limit, you can’t apply for the final step (adjustment of status or consular processing) until your priority date becomes current.
This means your place in line is available, and the US government is ready to consider your case.
How Do Priority Dates Work for Different Types of Visas?
Family-Based Green Cards
For family-based green cards, your priority date depends on when your petition was filed. The US government sets annual limits on how many people can get green cards in certain categories (like siblings of US citizens or adult children).
Your priority date will dictate when you can apply for the final part of the green card process.
Example: If your sibling filed a petition for you in April 2015, your priority date is April 2015. You will be allowed to proceed with your green card application once the Visa Bulletin shows that priority dates from April 2015 are current for your category.
Employment-Based Green Cards
Similarly, for employment-based green cards, your priority date is when your employer filed the immigration petition (Form I-140) or when you filed a labor certification with the Department of Labor (if needed).
Different job categories have different limits, so your wait time can vary depending on whether you’re in a high-demand category like EB-2 or EB-3.
Tip: If you change employers, you may be able to keep your priority date, but there are rules around this. Always consult with an immigration attorney before making a job switch.
How Do You Know If Your Priority Date is Current?
The US Department of State publishes a Visa Bulletin every month, which shows the current priority dates for various green card categories. It’s like a progress report for the queue.
To see if your priority date is current:
- Check the Visa Bulletin on the Department of State’s website.
- Find the appropriate chart (family-based or employment-based).
- Look for your category (like F1, F2B, EB-2, EB-3).
- Compare the date listed in the chart with your priority date.
If your priority date is earlier than the date listed, congratulations! It’s current, and you can move to the next step of the green card process.
Tip: The Visa Bulletin can be confusing to read. Spend a few minutes learning how to read it, or consult an attorney if you’re unsure.
Can Priority Dates Change?
Yes, and this is where things can get a bit frustrating. Sometimes, the dates move forward, making more people eligible. Other times, they retrogress (move backward), which can delay your application.
Retrogression can happen due to a high demand for green cards in a particular category.
Essentially, it means the line is getting longer, and you might have to wait even if your priority date was current for a brief time.
Tip: Keep checking the Visa Bulletin regularly, especially if your priority date is close to being current.
How to Track Your Priority Date and Stay Informed
1. Use the USCIS Website
The USCIS website has resources for tracking your case status. Once your priority date is current, they will notify you when it’s time to file for adjustment of status or attend a consular interview.
2. Subscribe to the Visa Bulletin
You can sign up for monthly updates directly from the US Department of State to get the Visa Bulletin in your inbox.
3. Seek Legal Help
The immigration process can be complicated, and priority dates are no exception. If you’re unsure, consider reaching out to an immigration lawyer who can help you understand where you stand and what to expect.
Tip: Don’t rely on hearsay or assumptions when it comes to your priority date. Get information from trusted, official sources or qualified legal professionals.
Conclusion
Understanding your priority date is key to navigating the US immigration process, especially if you’re applying for a green card.
It tells you when you can move forward and helps you plan your journey.
Keep track of your priority date, stay informed by checking the Visa Bulletin, and don’t be afraid to ask for help if you need it.
The green card process can be a long one, but knowing where you stand makes it easier to handle.
Good luck, and we hope to see your green card journey progress smoothly!
