Understanding Priority Dates in 2024
Priority dates determine when a visa applicant can move forward in the immigration process, especially for those applying under family-sponsored or employment-based categories. This article will explain what priority dates are, how they work, and why they are important.
What is a Priority Date?
A priority date is the date when your immigrant petition (Form I-130 for family-based or Form I-140 for employment-based) is filed with the U.S. Citizenship and Immigration Services (USCIS). This date is critical because it establishes your place in line for visa processing based on your visa category and country of chargeability (usually the country where you were born).
How do Priority Dates Work?
The U.S. has annual limits on the number of visas available in various categories. When the demand for visas in a particular category and country exceeds the supply, a backlog forms, and a waiting list is created. Your priority date helps determine your place on this list. The U.S. Department of State publishes a monthly Visa Bulletin, which shows which priority dates are currently being processed (also known as "current" dates). Only applicants with a priority date earlier than the date listed in the Visa Bulletin can proceed with their visa applications.
Employment-Based Visa Priority Dates
For employment-based visas, priority dates are based on the filing of Form I-140, Immigrant Petition for Alien Worker. There are five employment-based preference categories, and each has its own priority date cutoffs in the Visa Bulletin. The categories include:
EB-1: Priority workers, including persons of extraordinary ability, outstanding professors and researchers, and multinational executives and managers.
EB-2: Professionals holding advanced degrees or persons with exceptional ability.
EB-3: Skilled workers, professionals, and other workers.
EB-4: Special immigrants, including religious workers and certain other special categories.
EB-5: Immigrant investors.
Family-Based Visa Priority Dates
For family-based visas, priority dates are set when Form I-130, Petition for Alien Relative, is filed. Family-based categories include:
F1: Unmarried sons and daughters of U.S. citizens.
F2A: Spouses and children (unmarried and under 21) of permanent residents.
F2B: Unmarried sons and daughters (21 and older) of permanent residents.
F3: Married sons and daughters of U.S. citizens.
F4: Brothers and sisters of U.S. citizens.
Why are Priority Dates Important?
Priority dates are crucial because they dictate when you can move forward with your visa application process. Once your priority date becomes current, you can proceed with the next steps, such as applying to adjust your status (if you are already in the U.S. – one of the last stages in the green card process!) or attending a visa interview at a U.S. consulate abroad. If your priority date is not current, you must wait until it becomes current according to the Visa Bulletin.
Retrogression of Priority Dates
Retrogression occurs when a previously available priority date becomes unavailable. This can happen due to a sudden increase in the number of applications, causing the priority dates to move backward. When retrogression occurs, applicants may face additional delays in their visa process, even if their priority date had previously been current.
Understanding priority dates is essential for navigating the U.S. immigration process. By keeping track of your priority date and regularly checking the Visa Bulletin, you can stay informed about your place in line and plan accordingly. For personalized advice and assistance, consider consulting with one of our legal experts who can help guide you through your case.
FAQ
How do I find my priority date?
Your priority date is listed on your receipt notice (Form I-797) from USCIS after your immigrant petition is filed. It is the date USCIS received your petition.
How can I check if my priority date is current?
You can check the Visa Bulletin published monthly by the U.S. Department of State. Compare your priority date to the dates listed for your visa category and country of chargeability.
What happens if my priority date becomes current?
If your priority date becomes current, you can proceed with the next steps in your visa application process. This may involve adjusting your status if you are in the U.S. or attending a visa interview if you are abroad.
Can priority dates change after they become current?
Yes, priority dates can retrogress if there is a sudden increase in the demand for visas, causing dates to move backward. This can delay your ability to proceed with your visa application.
Is there a way to speed up the processing of my priority date?
Generally, there is no way to expedite the processing of your priority date. However, in some cases, certain categories (like the EB-1 category for extraordinary ability individuals) have faster processing times.