Priority Date Retention When Changing Employers: A 2025 Guide

As of July 22, 2025, the rules and procedures for priority date retention remain a central concern for many employment-based immigrant visa applicants in the United States 🇺🇸. Recent updates and clarifications from USCIS and the Department of State have reinforced existing policies, but ongoing changes in visa bulletin movements and processing times mean that applicants and employers must stay alert. This update explains what has changed, who is affected, what actions are required, and how these developments impact pending applications and future planning.

Summary of What Changed

There have been no major changes to the core rules of priority date retention in 2024 and 2025. However, recent visa bulletin updates, ongoing backlogs, and some clarifications in USCIS guidance have practical effects for those changing employers or planning to file for adjustment of status. The most important points to understand are:

• Priority date retention is still allowed when moving to a new employer, as long as the original I-140 was approved and not revoked for fraud or misrepresentation.
• The July and August 2025 Visa Bulletins show some movement in employment-based categories, including both forward progress and retrogressions, especially for applicants from India and China.
• Filing Form I-485 (adjustment of status) when your priority date is current is more important than ever, as it locks in your place in line even if your employer withdraws the I-140 later.
• The AC21 law continues to allow job changes after 180 days of a pending I-485, helping applicants keep their priority date and green card process on track.

Who Is Affected by These Updates?

These updates and clarifications affect several groups:

• Employment-based green card applicants who are considering changing employers or job roles.
• Applicants from countries with long visa backlogs, such as India and China, where keeping your priority date can save years of waiting.
• Employers who sponsor foreign workers for green cards and need to understand the timing and requirements for new I-140 filings.
• Applicants with pending I-485 applications who want to use job portability under AC21.

Effective Dates

• The current policies and clarifications are effective as of July 22, 2025.
• Visa bulletin changes take effect monthly, with the most recent updates in July and August 2025.
• The fiscal year for visa numbers ends on September 30, 2025, which may affect visa availability and priority date movement in the last quarter.

Required Actions for Applicants and Employers

To make the most of priority date retention and avoid setbacks, applicants and employers should take the following steps:

For Applicants:

1. Check Your Priority Date: Know your priority date—the date USCIS received your first I-140 petition. This is your place in line for a green card.
2. Monitor the Visa Bulletin: Check the Department of State’s Visa Bulletin every month to see if your priority date is current for your category and country.
3. File Form I-485 Promptly: If your priority date is current, file Form I-485 (adjustment of status) as soon as possible. This locks in your priority date, even if your employer later withdraws the I-140.
4. Changing Employers: If you want to change employers, make sure your original I-140 was approved and not revoked for fraud or misrepresentation. Your new employer must file a new I-140 and request to keep your old priority date.
5. Use AC21 Portability: If your I-485 has been pending for at least 180 days, you can change jobs to a similar position without losing your priority date or green card process.
6. Consult an Immigration Attorney: Immigration rules can be complex and change often. Legal advice is important to avoid mistakes.

For Employers:

• File New I-140s Quickly: If hiring a worker who already has an approved I-140, file the new I-140 as soon as possible and request priority date retention.
• Understand the Importance: Keeping employees’ priority dates helps with retention and planning, especially for workers from countries with long backlogs.
• Stay Informed: Keep up with visa bulletin changes and USCIS updates to help your employees take timely action.

Implications for Pending Applications

If you have a pending I-485 application and your priority date is current, you are in a strong position. Filing I-485 when eligible is the most important step to protect your place in line. If your priority date retrogresses (moves backward), your I-485 will remain pending, but you will not get a green card until your date becomes current again.

If you change employers after your I-485 has been pending for 180 days, you can keep your priority date and continue your green card process, as long as the new job is in the same or a similar occupation. This is known as AC21 portability.

If your I-140 is withdrawn before you file I-485, or before your I-485 has been pending for 180 days, you may lose your priority date and have to start over. This is why timing is so important.

Detailed Explanation of Priority Date Retention

What Is a Priority Date?

A priority date is the date USCIS receives your first immigrant petition (usually Form I-140 for employment-based cases). This date decides your place in line for a green card. Because there are yearly limits on how many green cards can be given in each category and country, your priority date is very important. For some countries, especially India and China, the wait can be many years.

Why Is Priority Date Retention Important?

If you change employers and have to start over with a new I-140, you could lose your place in line and wait many more years. Priority date retention lets you keep your original date, so you don’t have to start over. This can save you a lot of time and stress.

How Does Priority Date Retention Work?

• If your original I-140 was approved and not revoked for fraud or misrepresentation, you can keep your priority date when a new employer files a new I-140 for you.
• You must ask for priority date retention on the new I-140 petition.
• If your I-485 is pending for 180 days or more, you can change jobs to a similar position without losing your priority date, thanks to AC21.

Recent Visa Bulletin Movements and Their Impact

The Department of State’s Visa Bulletin changes every month. In July and August 2025, there have been some forward movements in the EB-5 category for China and India, allowing more people to file I-485. However, there have also been retrogressions, such as EB-2 India moving backward by about 1.5 months in August 2025. This means some people who were eligible to file I-485 now have to wait again.

What Should Applicants Do?

• File I-485 as soon as your date is current. This is the best way to lock in your priority date and protect your green card process.
• Keep checking the Visa Bulletin. Dates can move forward or backward each month.
• If you are changing employers, make sure your new job is in the same or a similar occupation. This is required for AC21 portability.
• Keep all paperwork and approvals. You may need to show your old I-140 approval when filing a new I-140 or using AC21.

Step-by-Step Guide to Retaining Your Priority Date When Changing Employers

1. Get Your Original I-140 Approved: Make sure your first I-140 is approved and not revoked for fraud or misrepresentation.
2. New Employer Files a New I-140: Your new employer must file a new I-140 for you. On this form, they should ask to keep your old priority date.
3. File or Maintain a Pending I-485: If your priority date is current, file Form I-485 right away. If you already have a pending I-485, keep it active.
4. Use AC21 Portability: If your I-485 has been pending for at least 180 days, you can change jobs to a similar position and keep your priority date.
5. Check the Visa Bulletin Regularly: Stay up to date with the Visa Bulletin to know when your date is current.
6. Talk to an Immigration Attorney: Rules can change, and every case is different. Legal advice can help you avoid mistakes.

Practical Implications for Different Groups

For Applicants from India and China:

• The wait for a green card can be many years. Keeping your priority date is the only way to avoid starting over.
• Filing I-485 as soon as your date is current is critical. If you miss the window and the date retrogresses, you may have to wait much longer.

For Employers:

• Understanding priority date retention helps you keep talented workers and plan for the future.
• Filing new I-140s quickly and correctly is important for both the company and the employee.

For Applicants with Pending I-485:

• You have more flexibility to change jobs after 180 days, thanks to AC21.
• If your I-485 is pending and your priority date retrogresses, your application will stay pending until your date becomes current again.

Expert Perspectives

Immigration attorneys stress the importance of acting quickly when your priority date is current. Delays can mean losing your chance if the date retrogresses. Policy analysts point out that while the rules for priority date retention have not changed, the monthly visa bulletin can change your eligibility at any time. Advocacy groups continue to push for more visa numbers and recapturing unused visas to help reduce backlogs.

Background and Historical Context

Priority date retention has been part of USCIS policy for many years. The AC21 law, passed in 2000, made it easier for applicants to change jobs without losing their place in line. The Visa Bulletin, managed by the Department of State, sets the monthly cutoffs for when people can file for adjustment of status. In recent years, demand from India and China has grown, making priority date retention even more important.

Future Outlook and Pending Changes

• Visa Number Availability: The end of the fiscal year (September 30, 2025) may bring changes in visa availability. Some categories may move forward or backward depending on demand.
• Possible Legislative Changes: No major changes to priority date retention are expected soon, but immigration reform discussions continue.
• Processing Improvements: USCIS is working to improve processing times and transparency, which may help reduce delays in the future.

Official Resources for More Information

• For the latest on priority dates and visa availability, visit the USCIS official page on visa availability and priority dates.
• For monthly updates, check the Department of State Visa Bulletin.
• For questions, contact USCIS Customer Service at 1-800-375-5283 or visit USCIS Contact Center.
• For legal advice, consult a qualified immigration attorney.

Actionable Takeaways

• Act fast when your priority date is current. File I-485 right away to lock in your place in line.
• If changing employers, make sure your new I-140 requests your old priority date.
• Use AC21 portability if your I-485 has been pending for 180 days and you want to change jobs.
• Check the Visa Bulletin every month. Dates can change quickly.
• Keep all your paperwork and approvals. You may need them for future filings.
• Get legal advice if you are unsure. Immigration law is complex and mistakes can be costly.

As reported by VisaVerge.com, staying informed and acting quickly are the best ways to protect your place in the green card process. Priority date retention remains a powerful tool for applicants facing long waits, but it requires careful planning and attention to detail. By following the steps above and using official resources, applicants and employers can make the most of the current rules and avoid unnecessary delays.

Learn Today

Priority Date → The date USCIS receives your first immigrant petition, determining your place in the green card queue.
I-140 → Form used to petition for an employment-based immigrant visa sponsored by an employer.
I-485 → Form for adjustment of status to lawful permanent resident within the United States.
AC21 → A law allowing job portability after 180 days with a pending I-485 without losing priority date.
Visa Bulletin → Monthly Department of State release indicating which priority dates are current for visa filings.

This Article in a Nutshell

Priority date retention is critical for employment-based visa applicants changing jobs. Filing Form I-485 promptly secures your place in the green card line amid fluctuating visa bulletin movements and USCIS policies as of July 2025.
— By VisaVerge.com