1. What is the difference between the priority date and the final action date for employment-based immigrants?

The priority date is the date an immigrant’s petition is accepted by the United States Citizenship and Immigration Service (USCIS). It is the date that establishes the place an applicant holds in the queue for a visa. The final action date is the date when USCIS decides to grant the immigrant’s application for a visa or a green card. It is the actual date of approval of the application.

2. How does a priority date affect my eligibility for an immigrant visa?

A priority date is the date an immigrant visa petition was filed with U.S. Citizenship and Immigration Services (USCIS). It is used to determine the order in which a particular immigrant visa application will be processed. In order to be eligible for an immigrant visa, the applicant must have a priority date that is earlier than the cutoff date listed on the U.S. State Department’s Visa Bulletin. The Visa Bulletin is published monthly and lists the cutoff dates for each visa category, which may vary according to country of origin.

3. How long does it take for a priority date to become current?

The exact amount of time it takes for a priority date to become current depends on the applicant’s country of origin, as well as the type of visa they are applying for. Generally speaking, priority dates will become current within a few months to a couple of years.

4. Is there an advantage to using a priority date in lieu of a filing date?

Yes, there is an advantage to using a priority date in lieu of a filing date. A priority date gives the applicant first priority for the filing of the patent application, and this can potentially give the applicant more time to develop and refine their invention. Additionally, filing an application with a priority date can help protect the invention from competitors who may be working on similar inventions.

5. What should I do if my priority date is not current after filing my immigration application?

If your priority date is not current after filing an immigration application, you should consult with an experienced immigration attorney to determine the best course of action. Depending on the type of application you filed and the specific situation, an experienced attorney may be able to help you find ways to make your application more attractive or explore other options.

6. What happens if my priority date is not current when I become eligible for an immigrant visa?

If your priority date is not current when you become eligible for an immigrant visa, you will have to wait until your priority date is current before you can apply for the visa.

7. Can I change my priority date if I move to another job or change employers?

No, you cannot. Your priority date is based on the date you initially filed your labor certification application. It does not change even if you move to another job or change employers.

8. How can I check the status of my priority date?

You can check the status of your priority date by visiting the Visa Bulletin, which is released monthly by the U.S. Department of State. You can also contact the U.S. Citizenship and Immigration Services or your immigration attorney for more detailed information about the status of your priority date.

9. How often are priority dates updated?

Priority dates for visas are usually updated on a monthly basis. However, it is important to note that the exact frequency of date updates can vary from month to month, depending on the particular visa category and the availability of visa numbers.

10. What documents must I provide to prove my priority date?

You must provide a copy of your Form I-797, Notice of Action, or a copy of your approved immigrant visa petition.

11. Are there any special considerations for those who have retrogressed priority dates?

Yes, those with retrogressed priority dates may be able to adjust their status under a separate provision of the Immigration and Nationality Act (INA). If the applicant was inspected and admitted or paroled into the United States, they may be eligible to file Form I-485 and adjust their status to permanent residency, even if their priority date is not current. The applicant must also meet additional eligibility criteria, such as continuous residence in the U.S. since the date of admission or parole.

12. How does the Visa Bulletin determine which countries have backlogs and which don’t?

The Visa Bulletin is published by the U.S. Department of State and is used to determine which countries have backlogs in the processing of immigrant visas. Each month, the Bulletin lists the visa availability for each preference category by the highest priority date for a given country. The highest priority date is the most recent date on which an applicant from a particular country may apply for an immigrant visa. If an applicant is not able to apply on that date, then they will have to wait until a visa becomes available for their country. If there are no visa numbers available for their country, then there is a backlog for that country.

13. What special provisions are available for those with advanced degrees or extraordinary ability?

Those with advanced degrees or extraordinary ability may be eligible for certain nonimmigrant visa categories such as the H-1B visa category for specialty occupation workers, the O-1 visa category for individuals of extraordinary ability, and the EB-1 visa category for individuals with extraordinary ability. Additionally, those with advanced degrees may be eligible for permanent residence through the EB-2 visa category for professionals with advanced degrees and the EB-3 visa category for skilled workers.

14. How does the Department of State prioritize visas when demand exceeds supply?

The Department of State prioritizes visas when demand exceeds supply based on the Foreign Affairs Manual (FAM) and the Immigration and Nationality Act (INA). The FAM outlines the criteria used to prioritize visa applications and includes factors such as the applicant’s family ties, humanitarian reasons, skills that are beneficial for the United States, and the overall level of demand for visas from a particular country. The INA also includes a preference system that gives priority to certain family members of U.S. citizens or permanent residents.

15. Is it possible to adjust my status to permanent residence based on a priority date?

It is possible to adjust your status to permanent residence based on a priority date, however, this depends on the priority date being current in the Visa Bulletin and the USCIS processing your application within the allotted time frame.

16. What happens if an employer withdraws its petition before USCIS has adjudicated it?

If an employer withdraws its petition before USCIS has adjudicated it, then USCIS will take no action on the petition. USCIS will not issue a decision or take any further action on the petition. If the petitioner wishes to refile the petition, they must submit a new petition and pay all applicable filing fees.

17. Are there any special rules for spouses and children of employment-based immigrants?

Yes, there are special rules for spouses and children of employment-based immigrants. These rules are set forth in the Immigration and Nationality Act (INA) and include rules about lawful permanent residence (green card) eligibility, work authorization, and time spent outside the United States. For more information about the specific rules that apply to spouses and children of employment-based immigrants, please consult the U.S. Citizenship and Immigration Services website.

18. What should I do if I am unable to obtain an immigrant visa due to an oversubscribed category or backlog in my country of birth?

If you are unable to obtain an immigrant visa due to an oversubscribed category or a backlog in your country of birth, you may be eligible to apply for a nonimmigrant visa. Nonimmigrant visas allow foreign nationals to travel to the U.S. for a temporary period of time, usually for purposes such as tourism, business, or study. You should contact the nearest U.S. embassy or consulate in order to apply for a nonimmigrant visa. Additionally, you can also check the U.S. Department of State website for more information and resources related to nonimmigrant visas.

19. Are there any other factors that may affect the processing of my application, such as country limits or statutory limits?

Yes, certain countries may have their own immigration laws or other statutory limits that may affect the processing of your application. Additionally, some countries may impose quotas on the number of people they allow to enter the country each year. Other factors such as criminal record checks and security clearances may also affect the processing of your application.

20. Does experience in STEM fields impact priority dates for employment-based immigrants?

Yes, experience in STEM fields can impact priority dates for employment-based immigrants. Priority dates are determined by the date the labor certification application is accepted by the Department of Labor. Those with experience in STEM fields may be eligible for a priority date sooner than those without such experience.