Simply put, the “priority date” is the date on which an applicant files the first part of his/her green card application with U.S. Citizenship and Immigration Services (USCIS).
Why are priority dates important?
Because the demand for green cards in some categories exceeds the supply, some applicants are required to wait a certain period of time until they can submit their applications, and/or until their applications can be adjudicated. Each month, the Department of State publishes a report (the visa bulletin) which indicates who is required to wait and gives a rough idea of how long that waiting period may be. For applicants applying in a backlogged category, when/whether they can apply is determined by their priority date - the date they joined the line.
How are priority dates determined?
For employment-based applicants applying through permanent labor certification, the priority date is the date on which form ETA 9089 is submitted on their behalf.
For employment-based applicants in the EB-5 category, the priority date is the date on which form I-526 is properly filed with USCIS.
For special immigrants, the priority date is the date on which form I-360 is properly filed with USCIS.
For all other employment-based applicants, including National Interest Waiver applicants, the priority date is the date on which form I-140 is properly filed with USCIS.
For all other family-based applicants, the priority date is the date on which form I-130 is properly filed with USCIS.
Where can I find my priority date?
An applicant’s priority date can be found on the immigrant petition filed on his/her behalf (form I-797, Notice of Action). For applicants applying through permanent labor certification, this date is also listed on the white cover page of the certified 9089.
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Note: The information in this post is general in nature, does not represent legal advice, and should not be relied on to determine immigration strategy and/or prepare an immigration application for a U.S. government agency. Immigration law is a rapidly changing field and each case has its own facts that will determine the appropriate strategy.
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