How Priority Date Recapture Works When Changing Employers or Categories

Priority date recapture and transfer are important tools for many people trying to get a green card through employment in the United States 🇺🇸. These rules help applicants keep their place in line, even if they change jobs or move to a different employment-based visa category. With long wait times and frequent changes in visa availability, knowing how to use priority date recapture can make a big difference for workers, their families, and employers.

This guide explains who qualifies for priority date recapture, what the eligibility rules are, what documents you need, how the application process works, and practical tips to help you succeed. It also answers common questions and concerns, using simple language and real-life examples.

Who Qualifies for Priority Date Recapture and Transfer

Priority date recapture is for people applying for a green card through employment-based categories, especially those who have already had an I-140 petition approved. The main groups who can use this rule include:

• Workers with an approved I-140 petition: If you have an approved I-140 petition (Immigrant Petition for Alien Worker), you may be able to keep your original priority date, even if you change employers or move to a different job category.
• People moving between EB-1, EB-2, and EB-3 categories: If you want to move from one employment-based category to another (for example, from EB-3 to EB-2), you can usually keep your earlier priority date.
• Applicants whose I-140 was not revoked for fraud or misrepresentation: If your I-140 was approved and not taken away because of fraud or lying, you can use priority date recapture.
• Workers whose new employer is willing to file a new I-140 petition: You need a new employer to sponsor you and file a new I-140 petition to use your old priority date.

Let’s look at some examples:

Example 1:
Priya, an engineer from India, had her I-140 approved in the EB-3 category in 2018 with Employer A. In 2025, she gets a better job offer from Employer B, who is willing to sponsor her for a green card in the EB-2 category. Employer B files a new PERM labor certification and a new I-140 petition. Priya can ask to keep her original 2018 priority date from her first I-140, so she does not lose her place in line.

Example 2:
Carlos, a software developer from the Philippines, had his I-140 approved in 2020 with Employer X. In 2024, he changes jobs to Employer Y, who files a new I-140 for him. As long as Carlos’s first I-140 was not revoked for fraud, he can keep his 2020 priority date for the new petition.

Detailed Eligibility Criteria

To use priority date recapture, you must meet certain requirements. Here are the main eligibility rules, explained in simple terms:

1. You must have an approved I-140 petition.
The I-140 petition is the main form employers use to sponsor workers for a green card. Your I-140 must have been approved by U.S. Citizenship and Immigration Services (USCIS). If your I-140 was denied or withdrawn before approval, you cannot recapture the priority date.

2. The I-140 must not have been revoked for fraud or misrepresentation.
If USCIS took away your I-140 approval because of fraud (lying or cheating) or misrepresentation (giving false information), you cannot use the priority date from that petition. However, if the I-140 was withdrawn by the employer for other reasons, you may still be able to use the date.

3. You must be filing a new I-140 petition.
When you change employers or move to a different job category, your new employer must file a new I-140 petition for you. You cannot recapture your priority date unless there is a new petition.

4. The new petition must be in the EB-1, EB-2, or EB-3 categories.
Priority date recapture works for the main employment-based green card categories:
– EB-1: Priority Workers (like outstanding professors, researchers, or managers)
– EB-2: Professionals with advanced degrees or exceptional ability
– EB-3: Skilled workers, professionals, and other workers

5. The original priority date must be earlier than the new petition’s filing date.
You can only keep your old priority date if it is earlier than the date your new I-140 is filed.

6. The new employer must file a new PERM labor certification if required.
Most EB-2 and EB-3 petitions need a PERM labor certification from the Department of Labor. This step checks that no qualified U.S. worker is available for the job. If you are moving to a job that needs PERM, your new employer must get a new one.

7. You must request priority date retention in your new petition.
When your new employer files the I-140, they must ask USCIS to keep your old priority date. This is usually done by including a copy of your previous I-140 approval notice and a cover letter explaining the request.

8. The old I-140 must not have been revoked before the new one is approved.
If your old employer asks USCIS to revoke your I-140 before your new I-140 is approved, you may lose your ability to recapture the date. Timing is important.

9. You must not have committed fraud or other immigration violations.
If you have a history of fraud or serious immigration violations, you may not be eligible for priority date recapture.

Required Documentation

To successfully recapture your priority date, you and your new employer must provide certain documents. Here’s what you’ll need:

• Copy of your previous I-140 approval notice (Form I-797): This is the official notice from USCIS showing your I-140 was approved.
• Copy of your previous PERM labor certification (if applicable): If your first green card process required a PERM, include a copy.
• New PERM labor certification (if required for the new job): Your new employer must get a new PERM if the job needs one.
• New I-140 petition: Your new employer must file a new I-140 petition. You can find the official Form I-140 here.
• Cover letter from your new employer or attorney: This letter should clearly ask USCIS to keep your old priority date and explain the reason.
• Proof of your qualifications: This includes your resume, degrees, licenses, or other documents showing you qualify for the job.
• Job offer letter from your new employer: This letter should describe your new job and confirm the employer’s intent to sponsor you.
• Any other documents USCIS requests: Sometimes, USCIS may ask for more information or proof.

Application Process Overview

The process for recapturing your priority date when changing employers or categories involves several steps. Here’s a step-by-step guide:

Step 1: Get a new job offer and confirm sponsorship
Find a new employer willing to sponsor you for a green card. Make sure they understand the need to file a new PERM (if required) and a new I-140 petition.

Step 2: File a new PERM labor certification (if required)
If your new job is in the EB-2 or EB-3 category and needs a PERM, your new employer must file this with the Department of Labor. This step can take several months.

Step 3: Prepare and file the new I-140 petition
Once the PERM is approved (if needed), your new employer files a new I-140 petition with USCIS. They should include:
– A copy of your previous I-140 approval notice
– A request to keep your old priority date
– All supporting documents

Step 4: USCIS reviews the petition and assigns the priority date
USCIS will check your old I-140 approval and, if all requirements are met, assign your earliest priority date to the new petition. This means you keep your place in line for a green card.

Step 5: Wait for your priority date to become current
Check the Visa Bulletin each month to see if your priority date is current. When your date is earlier than the cutoff, you can move forward.

Step 6: File for adjustment of status or consular processing
When your priority date is current, you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) if you are in the United States 🇺🇸. If you are outside the country, you can go through consular processing at a U.S. embassy or consulate.

Step 7: Attend interviews and provide biometrics
USCIS may ask you to attend an interview or provide fingerprints and photos.

Step 8: Receive your green card
If everything is approved, you will receive your green card and become a lawful permanent resident.

Practical Tips for Meeting Requirements

Priority date recapture can be a lifesaver, but it’s important to follow the rules closely. Here are some practical tips to help you succeed:

• Keep all your documents safe: Always keep copies of your I-140 approval notices, PERM certifications, and other important papers. You may need them years later.
• Tell your new employer about your priority date: Make sure your new employer and their immigration attorney know you want to keep your old priority date. This is not automatic—they must ask for it.
• Act quickly: Timing matters. If your old employer withdraws your I-140 before your new one is approved, you could lose your priority date.
• Work with an experienced immigration attorney: The rules can be tricky, and mistakes can cost you years of waiting. An attorney can help make sure everything is done right.
• Check the Visa Bulletin every month: The Visa Bulletin changes often, especially for people from India, China, and the Philippines. Knowing when your date is current helps you plan your next steps.
• Understand the impact of retrogression: Sometimes, the Visa Bulletin moves backward (retrogression), making wait times longer. Keeping your old priority date helps you avoid starting over.
• Be honest and accurate: Never provide false information or fake documents. Fraud can lead to losing your place in line or being banned from the United States 🇺🇸.
• Communicate with your old employer: If possible, ask your old employer not to withdraw your I-140 until your new one is approved.
• Stay informed about policy changes: Immigration rules can change. Stay up to date by checking the USCIS website and talking to your attorney.

Common Concerns and Questions

What if my old employer withdraws my I-140?
If your old employer withdraws your I-140 after it has been approved for at least 180 days, you may still be able to keep your priority date. However, if it is withdrawn before 180 days, you could lose your place in line.

Can I recapture my priority date if my old I-140 was denied?
No. You can only recapture your priority date if your old I-140 was approved and not revoked for fraud or misrepresentation.

Does priority date recapture work for family-based green cards?
No. Priority date recapture is only for employment-based green cards (EB-1, EB-2, EB-3).

Can I move from EB-3 to EB-2 and keep my priority date?
Yes. As long as your new I-140 is approved and your old I-140 was not revoked for fraud, you can keep your earlier priority date.

What happens if the Visa Bulletin retrogresses after I file my I-485?
If you file your I-485 when your priority date is current, you can stay in the United States 🇺🇸 and wait for your green card, even if the Visa Bulletin moves backward later.

Do I need to be in the same job or field to recapture my priority date?
No, but your new job must fit the requirements of the green card category (EB-1, EB-2, or EB-3). The job duties and requirements should be similar enough to qualify.

Can I recapture my priority date if I change to a different employer in a different state?
Yes. The location of the job does not affect your ability to recapture your priority date.

What if I have multiple approved I-140s?
You can use the earliest priority date from any approved I-140 that was not revoked for fraud or misrepresentation.

Recent Developments and Policy Context (2024-2025)

As of August 2025, there have been no major changes to the rules for priority date recapture. However, the long wait times and frequent retrogression in the Visa Bulletin have made this rule more important than ever, especially for people from India, China, and the Philippines.

Congress has discussed new laws to recapture unused green cards from previous years, which could help reduce backlogs. But as of mid-2025, these proposals have not become law. Immigration attorneys and USCIS continue to stress the importance of filing I-140 petitions quickly and using priority date recapture to keep your place in line.

Employers are encouraged to work closely with immigration attorneys to make sure all paperwork is filed correctly and on time. Workers should keep good records and communicate clearly with both old and new employers about their green card process.

As reported by VisaVerge.com, priority date recapture remains a vital tool for immigrant workers and employers to manage long waits and keep green card applications moving forward.

Summary Table: Priority Date Recapture and Transfer

Here’s a quick summary of the main points:

Case Study: How Priority Date Recapture Helped a Family

Let’s look at a real-life scenario to show how priority date recapture can help.

The Singh Family’s Journey
Mr. Singh, an IT manager from India, had his I-140 approved in 2017 with Employer A. In 2023, he received a better job offer from Employer B, who agreed to sponsor him for a green card in the EB-2 category. Employer B filed a new PERM and I-140, asking USCIS to keep Mr. Singh’s 2017 priority date.

Because Mr. Singh was able to recapture his 2017 date, he did not have to start over in the green card line. This saved him and his family several years of waiting. When the Visa Bulletin showed his date was current, he filed his I-485 and received his green card in 2025.

Without priority date recapture, Mr. Singh would have had to start with a new 2023 date, adding years to his wait. This example shows how important it is to understand and use this rule.

Practical Guidance and Next Steps

If you are thinking about changing jobs or moving to a different employment-based green card category, here’s what you should do:

1. Talk to an immigration attorney: Before making any changes, get advice from a lawyer who knows employment-based immigration. They can help you plan the best steps.
2. Gather all your documents: Make sure you have copies of your I-140 approval, PERM certification, and other important papers.
3. Tell your new employer about priority date recapture: Make sure they understand the process and are willing to help.
4. File your new PERM and I-140 as soon as possible: The sooner you file, the sooner you can keep your place in line.
5. Request priority date retention in your new petition: Don’t forget to ask USCIS to keep your old date.
6. Check the Visa Bulletin every month: Stay up to date on when your priority date is current.
7. Keep in touch with your old employer if possible: Ask them not to withdraw your I-140 until your new one is approved.
8. Stay organized and keep good records: This will help if you ever need to prove your eligibility.

For more information, you can visit the USCIS Policy Manual on Priority Dates and Classification Conversion, which explains the rules in detail.

Conclusion

Priority date recapture and transfer are powerful tools for people seeking a green card through employment in the United States 🇺🇸. By keeping your original place in line, even when changing jobs or categories, you can avoid years of extra waiting. The process can be complex, but with careful planning, good records, and the help of an experienced attorney, you can make the most of this important rule.

Remember to keep all your documents, act quickly, and communicate clearly with your employers. Stay informed about changes in immigration policy and always check the Visa Bulletin to know where you stand. Priority date recapture is not just a legal rule—it’s a way to protect your future and your family’s dreams in the United States 🇺🇸.