1. What is a Priority Date?
The priority date is used in conjunction with the U.S. Department of State’s (DOS) Visa Bulletin to determine when a visa is available and the beneficiary can apply for adjustment of status or for an immigrant visa abroad. If an immigrant visa is available for the petition’s priority date, and the beneficiary is otherwise eligible for adjustment of status, the beneficiary may file an Application to Register Permanent Residence or Adjust Status (Form I-485) concurrently with the petition.[2]
2. How to Establish a Priority Date
You may file the petitions listed in Sections 2.1 and 2.2. Once your petition is approved, your Priority Date will be established and retained for future use.
Note: The Priority Date is the date your petition is received by USCIS—not the date it is approved.
2.1. Employment-Based Petitions (EB-1, EB-2, EB-3)
Case Type | How to Secure Priority Date |
NIW / EB1A / EB1B | File Form I-140 with USCIS. Your Priority Date will be the I-140 receipt date. |
EB2 / EB3 with PERM | File a PERM Labor Certification. Your Priority Date is the date the PERM is filed with the Department of Labor (DOL). |
2. 2 Family-Based Petitions
Case Type | How to Secure Priority Date |
Spouse, parent, child | File Form I-130. The I-130 receipt date becomes your Priority Date. |
3. Can my established Priority Date be revoked?
✅ You Keep Your Priority Date If:
Your I-140 or I-130 is approved and not withdrawn within 180 days of approval.
Your employer withdraws the I-140 after 180 days, and the petition was not revoked for fraud, misrepresentation, or error.
❌ You May Lose Your Priority Date If:
USCIS revokes the approval of the previously approved petition due to fraud or willful misrepresentation.
The Department of Labor (DOL) revokes the approved PERM labor certification.
USCIS determines the petition approval was based on a material error.
The petition is withdrawn by the employer within 180 days of approval, and you never filed Form I-485.
4. Is My Priority Date Still Valid After an Employer Change?
USCIS explicitly allows retention of PD from a previously approved I-140, even across employers or job categories (e.g., EB2 → EB1), provided it was not revoked for cause.
5. Which Priority Date Do I Use If I Have Multiple Approved Petitions (e.g., I-140s)?
If you have multiple approved I-140 petitions, you can choose the earliest valid Priority Date to use for your green card process—as long as none of the petitions were revoked due to fraud, error, or misrepresentation.
🔁 Example:
You filed an EB2 NIW I-140 in 2022 (PD: March 1, 2022).
In 2024, your new employer files an EB1A I-140.
You can retain the March 1, 2022 PD for your EB1A petition, potentially allowing faster green card processing.
💡 Strategy Tip for China & India-Born Applicants:
For beneficiaries whose birth country has a long visa backlog (e.g., China or India), a common strategy is to:
File NIW or EB2/EB3 first to secure a Priority Date early.
Later, “upgrade” to EB1 if eligible.
Use the earlier PD from EB2/NIW to apply in the faster-moving EB1 queue.
This approach helps lock in your place in line early while giving you flexibility to pursue faster categories later.
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