1. What is an Employment-Based Priority Date?

An Employment-Based Priority Date is the date on which a foreign national’s U.S. employment-based visa petition was filed. This date establishes the order in which these individuals will be considered for immigrant visas or permanent residency in the United States. The earlier the priority date, the sooner the foreign national may apply to adjust their status or receive a green card and begin the process of becoming a lawful permanent resident.

2. How often does the Employment-Based Priority Date move?

The Employment-Based Priority Date typically moves either monthly or bi-monthly. The exact frequency of movement can vary depending on the particular visa category and the demand for that visa.

3. What are the criteria used to determine the Employment-Based Priority Date?

The Employment-Based Priority Date is the date on which an employer or potential employer first requested labor certification from the U.S. Department of Labor (DOL) or filed an immigrant visa petition. It serves as the basis for allocating immigrant visas to foreign nationals who are qualified for employment-based immigration. The Employment-Based Priority Date is determined by the date of filing of the labor certification or immigrant visa petition, or the “priority date”. This priority date can be advanced if certain conditions are met.

4. Does the Employment-Based Priority Date apply to all visa categories?

No, the Employment-Based Priority Date only applies to certain Employment-Based visa categories, such as EB1, EB2, and EB3. The Priority Date does not apply to other visa categories, such as family-based visas or student visas.

5. How do I check my Employment-Based Priority Date?

You can check your Employment-Based Priority Date by contacting the U.S. Citizenship and Immigration Services (USCIS) or your attorney. The Priority Date is typically printed on your Form I-140 approval notice or on your I-485 application receipt notice.

6. What factors can cause my Employment-Based Priority Date to move faster?

The main factor that can cause your Employment-Based Priority Date to move faster is increased demand for green cards in the category you are applying for. Depending on the specific category, other factors, such as country of origin, education/work experience, and demand from other countries, can also influence the speed at which your Employment-Based Priority Date moves.

7. How does the Employment-Based Priority Date move with regards to family-based and employer-sponsored visas?

The Employment-Based Priority Date does not move with regards to family-based and employer-sponsored visas. The priority date is a cutoff date that the U.S. Department of State uses to determine when a person can file an immigrant visa application. This priority date is based solely on the date of filing of the immigrant visa petition and does not take into account family-based or employer-sponsored visas.

8. What is the impact of retrogression on the Employment-Based Priority Date?

Retrogression is the process by which a visa category becomes oversubscribed and the visa number availability drops due to the high demand in a particular immigration category. When this happens, the Employment-Based Priority Date or the date when a labor certification application is filed can become significantly delayed. This, in turn, can cause delays in obtaining permanent residency.

9. Can I switch visa categories if my preference category has a long wait time for a visa?

No, you cannot switch visa categories if your preference category has a long wait time for a visa. You must remain in the same preference category until your visa is granted.

10. How is the Employment-Based Priority Date related to my labor certification application?

The Employment-Based Priority Date is the date when a U.S. employer filed a labor certification application on behalf of the foreign worker. This date is important because it establishes the order in which labor certifications receive processing and final approval. The higher the priority date, the earlier the worker’s application will be processed and potentially approved.

11. Is there a way to accelerate my Employment-Based Priority Date?

Yes, you may be able to accelerate your Employment-Based Priority Date by applying for a labor certification through the PERM Program, or by taking advantage of an immigrant visa category that does not require a labor certification.

12. What is the difference between an immigrant visa and an employment visa?

An immigrant visa is a visa that grants an individual the right to permanently live and work in the country. An employment visa, on the other hand, grants an individual the right to temporarily work in the country for a set period of time and can be renewed upon request.

13. How does the date of filing affect my Employment-Based Priority Date?

Your Employment-Based Priority Date is the date that your visa petition was received by the immigration authorities. This date will determine the order in which you are processed for a green card. Generally speaking, the earlier your Employment-Based Priority Date is, the sooner you will receive a green card.

14. Is the date of filing or the date I receive my labor certification more important for my Employment-Based Priority Date?

The date of filing is the most important for your Employment-Based Priority Date.

15. Does the Employment-Based Priority Date apply to both permanent and temporary visas?

No. The Employment-Based Priority Date only applies to permanent visas, not temporary visas.

16. Are there any exceptions to the Employment-Based Priority Dates?

Yes, there are a few exceptions to the Employment-Based Priority Dates. Some categories of employment-based immigrants are exempt from the priority date requirements, including certain investors, employees of multinational companies, religious workers, and those seeking to adjust their status through the Immigration and Nationality Act Section 245(i).

17. Does the order of preference in which I file have an effect on my Employment-Based Priority Date?

Yes, the order of preference you file in can have an effect on your Employment-Based Priority Date. Depending on the category of your green card application and the country of chargeability, different employment-based priority dates may be assigned to you. However, even if the order of preference does not affect your Employment-Based Priority Date, it can impact when you will be able to file for Adjustment of Status.

18. Are there any restrictions on the number of visas that can be issued under each employment category each year?

There are annual caps on the number of visas that can be issued under each employment category. These caps are set by the U.S. Department of Labor and vary from year to year.

19. How does demand for visas in various categories affect the rate of movement in my Employment-Based Priority Date?

Demand for visas in various categories affects the rate of movement in an Employment-Based Priority Date by influencing the size of the pool of applicants for each visa category. If there is a high demand for visas in certain categories, it means that there will be more applicants competing for those visas, and so the rate of movement in an Employment-Based Priority Date will be slower. Conversely, if demand for visas is low in certain categories, then there will be fewer applicants competing for those visas and so the rate of movement in an Employment-Based Priority Date will be faster.

20. Does current visa availability have any influence on my Employment-Based Priority Date movement?

Yes, current visa availability does have an influence on Employment-Based Priority Date movement. When the number of visas available for a particular category is greater than the number of applicants, priority dates tend to move more quickly. When the number of visas available is less than the number of applicants, priority dates tend to move more slowly or remain stagnant.