The priority date is the date when an alien initially expresses his or her intent to immigrate to the United States through an appropriate petition. Namely, for employment-based applicants, this date is the earlier of the date an application for labor certification was received by the DOL or the date that an immigrant preference petition was filed.
If labor certification application is a prerequisite for an immigrant petition, as it is in most EB-2 and EB-3 categories, the petitioner cannot file the I-140 petition until after the DOL approves the PERM labor certification application. The priority date is thus the filing date of the PERM labor certification application with the DOL. The beneficiary will retain this priority date when filing the I-140 petition once the DOL certifies his or her PERM labor certification application.
For certain kinds of employment based petitions, a labor certification is not required, such as for national interest waiver applications and petitions for aliens of extraordinary ability or outstanding researchers/professors. In these kinds of cases, the immigration process starts with the immigrant petition rather than the PERM labor certification application. The priority date is the date the USCIS first received the immigrant preference petition (Form I-140).
For family-based applicants, this is the date the USCIS first received the immigrant petition (Form I-130) filed on the alien’s behalf.
The purpose of a Priority Date is to identify when the alien may apply for an Adjustment of Status (I-485) or an immigrant visa through Consular Processing if the alien beneficiary is outside of the U.S. Each month, the State Department's Visa office publishes a table of cutoff dates. The alien may apply for an I-485 provided his/her immigration petition is approved and the alien's priority date is within the established cutoff date for his/her category.
For more information on cutoff dates, please click here.
PERM labor certification is an extremely complicated procedure and time-sensitive. We recommend that you consult with an experienced and responsible immigration attorney. We have successfully represented many PERM cases. If you would like to contact us, please telephone us at (713) 771-8433 or visit us at one of our six locations. You can also contact us conveniently online by emailing us at info@hooyou.com. Our attorneys will use their experience, expertise, and teamwork to ensure the highest quality of service.
For more information on PERM labor certification, please refer to the following links: