What Is EB-1 Priority Date?
What is the priority date?
To summarize, the priority date refers to an individual's position in the queue for green card application with USCIS. When the priority date becomes current, it means that the individual has reached the front of the line and can now submit their green card application.
Where can I find the priority date of the EB-1 visa?
Applicants can find the priority date of the EB-1 visa on the form I-797, Notice of Action, which is issued by USCIS after they receive and process your EB-1 petition. The priority date is the receipt date on form I-797.
As EB-1 visa applicants are not subject to PERM labor certification, they can initiate the green card application process by submitting the I-140 form as the first step. Once the I-140 form is processed, applicants will receive an I-797 notice of approval and their priority date.
What does “the priority date becomes current" mean in the EB-1 visa?
In the context of immigration and the EB-1 visa, the "priority date becomes current" means that their visa petition has reached the front of the line in the immigration process. At this point, applicants can submit their green card applications.
How do I know if my priority date becomes current?
To check if an applicant's priority date is current, they should refer to the USCIS Visa Bulletin, which outlines the employment-based adjustment of status.
For example, the following table is the February 2023 Visa Bulletin.
Here are the steps to learn how to read Visa Bulletin:
Identify the visa category. 1st represents EB1, 2nd represents EB2, 3rd represents EB3, 4th represents EB4, so on and so forth.
Find the date based on the country of birth. For example, if you were born in mainland China, the current date for EB-1 is June 1, 2022.
Your priority date is current if a) your priority date is on or before the date in the visa bulletin; or b) the letter “C” is present in your category.