EB2 NIW Priority Date Explained

Recently, I have received this question from one of our clients:

Is there any rule when to apply for NIW or can I apply as soon as my NIW petition is ready? I have heard about priority dates and it is a little confusing.

Actually, this has been a hot topic in the last few months. You might notice that nobody could file their Adjustment of Status I-485 within the NIW petition in September 2018. The truth is nobody knows what will happen and you should watch this very carefully.

What Is Priority Date?

Is Your Priority Date Current?

Before you file your Adjustment of Status I-485, you must check if the priority date is current for your country.

At this USCIS website click on the current month visa bulletin and find the chart Employment-Based Adjustment of Status Applications. Check the 2nd row and the right column (according to your country of birth).

If it shows letter “C” (current) you can file your I-485 immediately. If there is any date there your priority date must be earlier than this date. Then you can file I-485. Otherwise, you need to wait.

Why This Is an Issue

For people from China and India, this is always a big deal because they are backlogged for many many years. Priority date for China and India is almost never current in EB2 green card category.

But lately, this was a big issue for everyone. In September 2018 all countries were backlogged which happens quite rarely. Nobody was able to file I-485.

That’s why you should keep this in mind and always check current or upcoming month visa bulletin.

Also, EB1A green card category was often a solution for China and India nationals because the priority date was current, as opposed to the other green card categories. But in the last few months, the doors remained closed and nobody knows when it will open again.

I discuss EB1A priority dates in more details and provide some tips what you might do at my EB1A blog.

UPDATE [4/13/2019]: one of our clients shared his experience and interesting outcome:

When I applied in September 2018, I submitted a concurrent application both the I-140 and I-485. I almost broke down when I received a rejection notice in the mail in October BUT this was with regards to the I-485. Apparently because they were backlogged, they were not accepting I-485 applications. The good thing is that they returned my entire I-485 package to me (which they opened including the doctors letter) and my $1225 money order. Fascinating! They also included a green slip in the rejection package and urged me to apply once the the priority date for my category became current (I had to include that green slip in my re-submission package). After checking the bulletin the very next month, my priority date became current. I however waited until December to resubmit my application. This time it was accepted and in January I got a notice for my biometric appointment.

So what did I find out:
1) I shouldn’t that afraid of the USCIS (HAHAHA..really). They really are not evil
2) Even after re-submitting my I-485 application, it was still accepted as a concurrent filing
3) Towards the end of the USCIS fiscal year (September), applicants should pay very close attention to the priority dates associated with their applications.
4) Everyone should stay up to date with the new changes and the rules

And later he sent us great news:

I can’t thank you enough for all the help throughout this process. Your story encouraged me to pursue this process and it was well worth it. Your package was exceptionally helpful and I appreciate your availability via email when I had quick questions. I’m truly grateful.

Just to give you timeline for my process. I submitted a concurrent application (I-140 and I-485) like I explained in my previous email. Application was submitted in September 2018 and I got my approval letter April 2019. No RFEs. I did my fingerprint in January 2019 and now I just wait for the green card.

Love to hear about the happy end and thanks a lot for sharing this info!

I hope EB2 green card category will stay open in the future. Good luck to everyone!