Legal Definitions - priority date

A priority date is a crucial timestamp in legal processes, primarily in immigration and intellectual property, that establishes an individual's or applicant's place in a queue or claim to an invention. It marks the official beginning of a formal application or petition, determining when an individual becomes eligible for a benefit or who has precedence in a dispute.

In the context of U.S. immigration law, the priority date is the date an immigrant visa petition was properly filed with U.S. Citizenship and Immigration Services (USCIS) or, for certain employment-based cases, when a labor certification application was accepted by the Department of Labor (DOL). This date is essential because it determines an individual's position in the waiting line for a limited number of immigrant visas issued each year. The U.S. Department of State (DOS) uses these dates to manage visa availability, publishing a monthly Visa Bulletin that indicates which priority dates are "current," meaning applicants with those dates can move forward with their visa application.

For intellectual property, specifically patents, the priority date is the earliest filing date of a patent application for a particular invention. This date is critical because it establishes who was the first to officially file for protection, which can be decisive in cases where multiple parties claim the same invention.

• Example 1 (Family-Sponsored Immigration):

  Imagine Sarah, a U.S. citizen, files a petition with USCIS on behalf of her mother, Elena, who lives abroad, to immigrate to the United States. The date USCIS officially receives and accepts Sarah's properly completed petition for Elena is established as Elena's priority date.

  How it illustrates the term: This date determines Elena's place in the queue for a family-sponsored immigrant visa. She will have to wait until the U.S. Department of State's monthly Visa Bulletin indicates that priority dates for her specific category and country of birth have become "current" before she can apply for her immigrant visa.

• Example 2 (Employment-Based Immigration):

  A software company in Silicon Valley wants to sponsor a talented foreign engineer, Mr. Kim, for an employment-based green card. Before filing the immigrant petition, the company must first obtain a labor certification from the Department of Labor (DOL). The date the DOL accepts the company's labor certification application for Mr. Kim for processing becomes his priority date.

  How it illustrates the term: This date establishes Mr. Kim's position in the waiting line for an employment-based immigrant visa. He must wait for his priority date to become current, as published in the Visa Bulletin, before he can proceed with the final steps of his green card application.

• Example 3 (Patent Application):

  Consider two independent inventors, Dr. Lee and Ms. Chen, who both develop a unique, energy-efficient battery technology around the same time. Dr. Lee files his patent application with the patent office on March 10, 2024, while Ms. Chen files her application for a very similar invention on April 5, 2024. Dr. Lee's priority date is March 10, 2024, and Ms. Chen's is April 5, 2024.

  How it illustrates the term: If there were a dispute over who has the right to patent the invention, Dr. Lee's earlier priority date would generally give him precedence. This date is crucial in establishing his claim to the intellectual property, as he was the first to officially file for patent protection for his invention.