Retaining an EB-3 priority date is the ability to preserve an earlier priority date when an applicant must refile Form I-140, whether due to a change of employer, change of category, or other reasons. Since the priority date determines one’s place in line, retaining it is highly valuable. This article explains when you can retain an EB-3 priority date and the conditions involved.
What Is a Priority Date and Why Does It Matter
The priority date is usually the date the employer files the labor certification (PERM), or the date Form I-140 is filed for categories that do not require labor certification. This is the milestone that determines one’s place in line on the visa bulletin.
The earlier the priority date you retain, the closer you are to your turn to file for permanent residence. Losing the priority date means going back to the end of the line, which can add many more years of waiting.
When Can an EB-3 Priority Date Be Retained
Under U.S. immigration regulations, an approved Form I-140 generally allows its priority date to be retained for a later Form I-140, even when changing category or employer. This is why many people keep their original priority date when transferring their case.
There is an exception: if the earlier Form I-140 was revoked due to fraud, material misrepresentation, or revocation of the labor certification, the priority date may not be retained. This is why the integrity of the original petition matters greatly.
Notes for Doing This
To retain an EB-3 priority date, the new petition must clearly reference the previously approved Form I-140. The new employer will file a new Form I-140 along with evidence of the original priority date.
You should keep full documentation of the earlier case: the I-140 approval notice, receipt number, and labor certification. Consulting an immigration lawyer helps ensure the priority date retention is carried out correctly under the regulations.
Summary
Retaining an EB-3 priority date is an important benefit that keeps you from going back to the end of the line when changing petitions. The core condition is having an approved Form I-140 that was not revoked for fraud. Keep your original documents carefully and seek professional advice when you need to refile.
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References
- USCIS — Employment-Based Immigration: Third Preference EB-3: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
- U.S. Department of State — The Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
For official and up-to-date information, you can refer directly to U.S. Citizenship and Immigration Services (USCIS).
Read more: Overview of the EB-3 visa for US immigration · EB-3 Waiver: When an Inadmissibility Ground Can Be Waived
