An email query that I always receive from many readers of my blog pertains to the often-heard term — priority date.
They want to know what it is, how it is assigned, and why it is important.
So, what’s a priority date?
Simply put, it’s the date assigned to every approved preference immigrant petition that determines the order of availability of visas. It provides a preferential order for aliens who are subject to the visa numerical limitations.
Under the Immigration and Nationality Act (INA), employment-based preference immigrants and family-based preference immigrants are subject to the visa numerical limitations.
How’s a priority date assigned?
For employment-based immigration, a priority date is:
(1) The date the labor certification is filed; or
(2) If no labor certification is needed, then the date the petition is filed with the United States Citizenship and Immigration Services (USCIS).
On the other hand, for family-based immigration, it is the date the preference petition is filed with the USCIS.
What’s the importance of a priority date?
An immigrant visa can only be issued to an applicant when a visa number is available to his approved petition. The availability of the visa number is determined by the priority date assigned to his petition. Every month, the United States Department of State, Bureau of Consular Affairs publishes a Visa Bulletin that shows the priority dates of approved petitions whose visa numbers are available. Only applicants who have priority dates that are earlier than the cut-off date may be allotted a number.
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