It is key to understand what the priority date is in immigration, as it plays a fundamental role when it comes to obtaining the Green Card.
Immigration processes can be complex and exhausting. That’s why at Lluis Law, our immigration attorneys in Los Angeles are ready to provide you with the support and guidance you need.
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What exactly is this thing called the priority date in the United States in 2024?
The priority date refers to the time when a relative or employer in the United States filed an immigrant visa petition with USCIS on behalf of the beneficiary.
In other words, it is the date the application to obtain the Green Card was initiated.
This date also determines the position on the waiting list of those seeking to obtain residency. Generally, the date is the same as the when:
- A family sponsor filed Form I-130 with USCIS for family-based residency, or
- The US Department of Labor (DOL) has accepted your PERM Labor Certification application.
Why is a priority date so important in immigration?
The priority date is important as it establishes when you can move forward with your Green Card application.
For categories subject to numerical limits, your priority date must be current in order to continue processing. If the date is not current, you will not be able to complete your application.
Who is the priority date available to?
The priority date is available to individuals who are waiting for an immigrant visa in the family-based or employment-based categories.
These have an annual limit, so immediate visas are not always available. However, visas for “immediate relatives” of US citizens do not need to wait for a priority date.
Note: Those who apply for a visa under a preference category must wait for their priority date to become current. By doing so, these applicants may apply for adjustment of status or consular processing.
Who are immediate family members on the priority date?
As we said, immediate relatives are not subject to the priority date, as visas for them are available on an unlimited basis. These relatives include:
- Spouses of US citizens;
- Unmarried children under 21 years of age of US citizens;
- Parents of US citizens.
Unlike other categories, immediate relatives can obtain lawful permanent residence without having to wait on a waiting list.
How to read the visa bulletin?
To understand how to read the Visa Bulletin, it is important to know the preference categories for family-based Green Cards, as each category has a specific annual limit:
- F1 (First Preference): Includes unmarried children over 21 years of age of US citizens and has a limit of 23,400 Green Cards per year.
- F2 (Second Preference): This has a limit of 114,200 Green Cards per year and is subdivided into 2 subcategories: F2A (Spouses and children under 21 years of age) and F2B (Unmarried children over 21 years of age)
- F3 (Third Preference): Corresponds to married children of US citizens, with a limit of 23,400 green cards annually.
- F4 (Fourth Preference): Includes siblings of US citizens, with a limit of 65,000 green cards per year.
When will USCIS accept adjusting my status based on priority date?
USCIS will accept your adjustment of status application based on your priority date based on the “Final Action Dates on Petitions” chart published in the Department of State (DOS) Visa Bulletin. Here is how the process works:
1# Check the Monthly Visa Bulletin
Please refer to the Visa Bulletin published each month for current priority dates.
This bulletin includes two key charts: the “Final Action Dates on Applications” chart and the “Application Submission Dates” chart.
2# Final Action Dates chart
This chart shows the date by which you can file your application for adjustment of status (Form I-485) if your visa category has a numerical limit.
You must wait until your priority date is on or before the date listed in this chart to file your application with USCIS.
3# Submission Dates Chart
This chart indicates when you must be notified to submit documentation to the National Visa Center, but is not used directly to file Form I-485.
4# Submission of the Application
Once your priority date is the same as or before the date on the “Final Action Dates on Applications” chart, you can file your Form I-485 with USCIS to apply for adjustment of status.
5# Review of modifications
If there are updates or changes to the visa bulletin after its publication, USCIS will evaluate these changes and determine if any adjustments to the process are necessary.
It is important to check the visa bulletin each month to stay abreast of any changes in dates and ensure you are prepared to submit your application.
What happens when your priority date arrives?
Once the priority date is reached and the beneficiary’s petition is approved, they may obtain an immigrant visa and apply for lawful permanent residence. However, it is important to consider the following:
- Some categories of lawful permanent residence require waiting for the priority date update before continuing with the process.
- This update typically occurs after the initial visa petition is approved.
- An alien with a visa petition approved by USCIS may not have a visa number immediately available from the US Department of State.
- Immediate relatives of US citizens do not need to worry about their priority date, as they always have a visa number available.
The waiting list is organized according to the purpose, type of immigrant, and priority for each country. In family-based immigration petitions, everything depends on the relationship between the US sponsor and the beneficiary.
Can USCIS change its priority date?
The USCIS priority date may change under certain circumstances, a phenomenon known as visa backdating.
This occurs when demand for visas exceeds availability for a specific country or category. The visa bulletin is updated monthly to reflect these changes in priority dates. When dates move back, your position in the queue may be affected.
How do I determine the priority date?
According to USCIS, to determine your immigration priority date, you must refer to the Form I-797 filed in your name.
This date indicates when you can expect to receive an immigrant visa or adjust your status. The length of time you will have to wait will depend on:
- The demand and availability of immigrant visa numbers;
- The visa limits assigned to each country; and
- The number of visas available for your specific preference category.
Check the DOS monthly visa bulletin to see how your priority date compares to current dates and when you will be able to proceed with your application.
For priority dates in preference categories in family sponsorship
The priority date for immigration through family sponsorship corresponds to the date on which the following is correctly filed:
- Form I-130 for family-based residency ; or
- In some cases, Form I-360.
Contact our family-based immigration lawyer to obtain guidance on the matter.
Priority dates for cases in employment-based preference categories
Generally, the priority date for an employment-based immigration petition is determined based on the following conditions:
The preference category requires labor certification from the Department of Labor
The priority date will be the date DOL accepts the labor certification application for processing.
To maintain this priority date, the petitioner must file Form I-140 with USCIS. This must be done within 180 days of the date of approval of the labor certification.
The preference category does not require DOL labor certification.
The priority date will be the date that USCIS:
- Accepts Form I-140 for processing; and
- Classifies the sponsored worker under the requested preference category.
If you are a special immigrant on fourth preference
The priority date is the date USCIS accepts Form I-360 for processing. This also includes religious workers.
If you are a fifth preference investor
The priority date is the date USCIS accepts Form I-526 for processing.
How do I know what my priority date is at NVC?
To find out your priority date at NVC, we recommend checking the Visa Bulletin, which is updated monthly. This bulletin publishes the most recent priority dates for cases that NVC is processing.
Steps to check the priority date on the visa bulletin
To find out your priority date on the Visa Bulletin, follow these steps:
- Access the U.S. Department of State website.
- Locate the most recent Visa Bulletin: Find the most current issue and locate the chart corresponding to your preference category, whether family-based or employment-based.
- Check your category’s priority date: Identify your home country in the table and look for your category’s priority date. These dates indicate when your immigrant petition was filed and reflect your position on the waiting list.
- Compare your priority date to the deadline: The deadline determines who can apply for a visa. If your date is before the deadline in the bulletin for your category and country, you can apply for the visa. If it is after, you will have to wait.
- Check the bulletin regularly: Visa deadlines and availability can change each month, so it is essential to check the bulletin frequently.
Where am I on the priority table in the Visa Bulletin?
To determine your position on the Green Card priority table, you need to compare your priority date with the dates published in the current Visa Bulletin. To do so, follow these steps:
- Check your Priority Date: This is the date your labor certification application or visa petition was filed.
- Please refer to the Visa Bulletin: If your priority date is before or equal to the date indicated in the table corresponding to your category and country of origin, you may proceed to the next step.
- Please note your country: If you are from India, China, Mexico or the Philippines, you will need to compare your priority date to the specific dates for those countries as they have separate cut-offs due to high demand.
Example: If your priority date is August 15, 2012 in the EB-2 category and you are from India, and the bulletin shows a date of October 1, 2012, you may proceed. However, if the date listed is after your priority date, you will have to wait.
Can I expedite my priority date with USCIS?
It is not possible to expedite your priority date with USCIS. This date may be affected by factors such as:
- Number of visas available in your category;
- Visa limit for your country and the offer; and
- Demand for visas.
These factors are what determine priority date movements. To avoid delays in your immigration process, it is crucial that you check the visa bulletin monthly and act quickly when your priority date is updated.
Once your date becomes current, you will have one year to complete your visa application. Failure to do so may result in the government reassigning your visa number to another individual.
What happens when the priority date becomes effective?
After your priority date is updated, the next step is to process your immigration application. This may include:
- Submit additional documentation;
- Undergo a medical examination;
- Attend an interview as part of the assessment procedure;
- Finally, an immigrant visa will be issued or status will be adjusted to lawful permanent residence.
Now that you know what the priority date is and what it means in immigration, we remind you to keep an eye on the visa bulletin. This will be to know when your priority date becomes “current” and you can apply for your visa.
Frequently Asked Questions Regarding the Immigration Priority Date
How to check your turn on the waiting list?
To check your position on the waiting list, please consult the Visa Bulletin, which indicates the availability of visas for different categories and countries.
In the bulletin, look for the deadline for your preference category and country of loading. If your priority date is before the deadline shown, your visa is available.
If the category is listed as “C,” visas are currently available to all applicants in that category. If it is listed as “U,” it means that there are no visas temporarily available.
What is visa retrogression in the visa bulletin?
Visa retrogression in the visa bulletin occurs when an applicant’s priority date is retroactive to an earlier date than the one that was in effect in the previous month.
Typically, this happens when demand for visas in a specific category exceeds the number available.
Visa retrogression is most common when the annual visa limit for a category or country has been reached or is close to being reached.
Do all visas have a priority date?
No, not all visas have a priority date. Priority dates apply only to visa categories that are limited by law. For example, employment-based visas and family-sponsored visas.
Other types of American visas, however, do not have priority dates.
Can I schedule an interview with the consulate before a visa is available?
No, you cannot schedule an interview with the consulate before a visa is available.
Your priority date must be marked as current on the Visa Bulletin, and there must be an immigrant visa available for you before you can schedule your interview.
Immigration Lawyers to Help You with the Priority Date
The immigration attorneys at Lluis Law are here to help you avoid the most common mistakes in the application process for lawful permanent residence. The smallest mistake made can cause delays or even denials.
This blog focused on explaining what the priority date is in immigration. However, if you still have questions, you can contact us today so we can assist you under private consultation.
Call us for a personalized consultation. Our firm is one of the oldest in Los Angeles, so we have enough experience to effectively assist you with your immigration scenario.
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