What is the priority date?

What is the priority date?

Priority Date is to determine the immigration of foreign workers can apply for the final step, to submit I-458 adjustment of status application for permanent residency date.

According to immigration law, a certain amount every year U.S. government immigration quota, so that part of the foreigners, not all foreign personnel in the final I-458 adjustment of status application for permanent residence. This type of immigration quotas on immigration, nationality and so on expatriates. As the immigration quota is limited, many countries require foreign nationals waiting immigration quota, also known as the immigrant visa waiting. Priority date of the setting, is to establish a priority of waiting in line, clearly establish the identity of foreign nationals to apply the adjustment date, if the foreigners outside the United States, that is, you can submit visa applications for consular processing (CP) date.

Each month, the U.S. Immigration Visa Office will be announced once the quota of various types of immigrant visa waiting. This foreign personnel in their immigration applications have been approved and the priority date in the appropriate category of immigrants as early as before the scheduled date of the case, we can apply I-485 adjustment of status.

In professional immigrants, if immigrants need to apply for labor certification application as a prerequisite for application for immigration, then, like most all of the EB-2 and EB-3 immigration applications, the priority date is the U.S. employer to submit to the Office for a work permit date of application. If immigrants do not need to apply for a work permit application is the type, like all of the EB-1 application and NIW national interest waiver application, the priority date is to be submitted to the USCIS (I-140) immigration application date.

In addition, the Immigration September 12, 2006 memorandum on the release of employment-based immigration, explained the approval process and amendments. The memorandum reaffirmed the employment-based immigration applications available copies of the earliest priority date.

In real life, because employers can not meet the requirements of future wages, or employer restrictions on internal human resources policy, or foreign nationals of their own qualifications and other factors, can only submit EB-3PERM application. If the EB-3PERM application is approved, then the I-140 petition has been approved, then the foreigners will therefore establish a priority date, the priority date can be used for any future EB-1, EB-2 and EB- 3 application.
In addition to the priority and scheduling of waiting on the advantages of a foreign person in the H-1B six-year period, such as the EB-3 I-140 visas have been approved but not available, he can have a three-year visa extension until the quota . In addition, according to another separate legal provisions, if a foreign person before the expiration of six year H-1B PERM application has been submitted, the foreign national can apply for H-1B extension after the expiration of six years, as long as the green card application is still in progress.