Priority Dates and Processing Dates - Clarification of Terminology
Posted Apr 24, 2009
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Questions continue to reach the Murthy Law Firm, making it clear that many are confused about the difference between processing dates and priority dates. These matters relate to both family and employment-based permanent residence (green card) cases. These questions usually arise when an individual reviews the processing dates of a case and inquires as to why the "green card" has not been approved. This requires an understanding of priority dates and of processing times (or processing dates). The information that follows is intended to clarify these for MurthyDotCom and MurthyBulletin readers.
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Priority Dates - U.S. Department of State
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There are many articles on MurthyDotCom that set out to explain the confusing complexities of priority dates. The priority date is the date that the initial filing in the case was made with the government, namely the USCIS or the U.S. Department of Labor for a labor certification case. The initial filing in a family-based case is Form I-130. An employment-based case usually starts with a PERM labor certification application. Those employment-based cases that do not need a labor certification usually start with the filing of an I-140 Immigrant Petition. The priority date is important, as it determines eligibility for a visa number, and granting of permanent residence.
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A basic explanation of priority dates and visa numbers is that the United States limits the number of people who can permanently immigrate to the U.S. each year. There are limits for family-based cases, as well as employment-based cases. There are limits for subcategories within both family and employment. There are also limits by country of origin. All of this is monitored by the U.S. Department of State (DOS), which controls issuance of the limited immigrant visa numbers. The DOS Visa Control Unit estimates the cases that have sufficient visa numbers on a monthly basis. These estimates, based upon the priority date of each case, are reflected in the DOS Visa Bulletin chart that is always made available on MurthyDotCom.
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No permanent immigration benefits can be granted in an employment-based case unless there is a visa number available. The same is true for family preference categories. Thus, no immigrant visas can be issued without the availability of immigrant visa numbers; no I-485 Applications for Adjustment of Status (AOS) can be filed OR approved unless there is an available visa number.
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Processing Times - USCIS
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The USCIS processes various immigration applications and petitions. It publishes processing times for each of the four service centers, plus the National Benefits Center in Missouri, for the various forms. These dates are intended to reflect the case filings currently under review.
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Frequently, there is misunderstanding as to what this means in a green card context. Primarily, confusion centers on the I-485 Application for Adjustment of Status. It is often wrongly assumed that one's case can and will be approved once the processing time is reached. This is not correct, if there is no visa number available for the particular priority date assigned to the case. The processing times indicate the timing for case review. This case review cannot translate to a case approval, unless there is an available immigrant visa number.
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Given the unusual events during the summer of 2007, which permitted many I-485 cases to be filed, as well as general fluctuations in the Visa Bulletin, there are numerous I-485s that have been filed, but are not likely to have visa numbers available in the near future. While these cases can be reviewed, they cannot be approved. They could be denied or issued requests for evidence (RFEs), if appropriate. If all is well with a case, with the exception of the availability of an immigrant visa number, it will be reviewed and set aside until a visa number becomes available for the foreign national applicant.
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A related cause of confusion exists for the I-130 relative petition. This type of case is often filed for a relative who is outside of the United States. This can be filed and approved without a visa number. However, no visa can be issued without the visa number. Thus, many people become frustrated when they see the long processing times for certain I-130 family-based immigrant petitions. They will ask how the case can be moved along more quickly. The real problem, however, is not the slow movement of I-130 petition processing for family-preference relatives. The real problem is the lack of immigrant visa numbers, but that is determined by law and not by the USCIS's processing of cases. Even if an I-130 petition is approved, the case cannot move forward to the approval of a green card without an immigrant visa number, as reflected in the DOS Visa Bulletin.
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Conclusion
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We hope that this information helps to clear up some of the confusion as to the interplay of the USCIS processing times and the DOS Visa Bulletin relating to priority dates. When people consider only processing times, particularly with regard to I-485 cases, disappointment often results. When they think that I-130s could reunite their families, they become frustrated with the years it takes to process and the prolonged delay in bringing these families together. We at the Murthy Law Firm can always provide guidance if you wish to consult with a knowledgeable attorney on the complex interplay of many matters regarding U.S. immigration law. We are here to help with appropriate guidance for case specific scenarios.
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