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LSDefine
Simple English definitions for legal terms
priority date
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A quick definition of priority date:
Priority date is the date when someone applied for a visa to come to the United States. It's like getting in line at a store. The earlier you got in line, the sooner you'll get your turn. The government uses priority dates to decide who gets a visa first when there are limited visas available. The priority date is different depending on the reason for coming to the United States, like for work or to join family. The government publishes a list every month to show people where they are in line. When someone's priority date comes up, they can apply for a visa to come to the United States.
A more thorough explanation:
Priority date refers to the date on which an application was filed with the immigration authorities. It is an important factor in determining an individual's place in line for an immigrant visa.
For family-sponsored immigration, the priority date is the date that the petition is properly filed with United States Citizenship and Immigration Services (USCIS). For employment-based immigration, the priority date is either the date the petition was filed with USCIS or the date the labor certification application was accepted for processing by the Department of Labor (DOL).
When the priority date becomes current, the individual will be eligible to apply for an immigrant visa. The United States Department of State publishes a monthly visa bulletin which lists priority dates for different immigration categories and birth countries, allowing individuals to check their place in the visa queue.
- An individual from India applies for an employment-based immigrant visa on January 1, 2021. The priority date for their petition is January 1, 2021.
- A U.S. citizen files a petition for their sibling to immigrate to the United States on March 15, 2020. The priority date for their petition is March 15, 2020.
These examples illustrate how the priority date is determined based on the date of the petition or application filing. The priority date is used to determine an individual's place in line for an immigrant visa, and when their priority date becomes current, they can apply for the visa.