Priority Date Retention When Changing Employers: Preserve EB Timeline

Priority Date Retention is one of the most powerful protections for workers in the long employment‑based green card queue who want or need to change jobs. It lets many people keep their original place in line even when they start the process again with a new employer, as long as certain rules are met.

At its heart, Priority Date Retention means that if you have an approved employment‑based Form I‑140, Immigrant Petition for Alien Worker from one employer, you can often keep that same priority date when a new employer files a fresh I-140 for you. This protection applies across the EB‑1, EB‑2, and EB‑3 categories, and it is written directly into federal rules at 8 CFR § 204.5(e).

What the Priority Date Is and Why It Matters

Your priority date controls your place in the green card queue. For most workers, this is the date the Department of Labor receives your PERM labor certification. In some cases, it can be the date U.S. Citizenship and Immigration Services (USCIS) receives your first I-140 petition.

The earlier your priority date, the sooner you can file for adjustment of status in the United States or request an immigrant visa at a U.S. consulate, once the State Department’s Visa Bulletin shows your date as current.

Who Can Keep an Old Priority Date

Not everyone can keep an old priority date. Under 8 CFR § 204.5(e), you can usually rely on Priority Date Retention if all of the following are true:

• You have an approved I-140 petition. The approval must be under one of the employment‑based first, second, or third preference categories (EB‑1, EB‑2, or EB‑3).
• The original I‑140 wasn’t revoked for fraud or misrepresentation. If the first case was revoked because of fraud, willful misrepresentation, or an invalid labor certification, you cannot keep that date.
• Your new petition gets approved. Your next employer must complete any required PERM process and then file a new I-140 that USCIS later approves.

When more than one I-140 petition is approved for you over time, the rules allow you to keep the earliest priority date, provided none of the disqualifying reasons above apply.

Important: If an earlier I-140 was revoked for fraud, willful misrepresentation, or due to an invalid labor certification, Priority Date Retention is not available from that revoked petition.

Typical Steps When You Move to a New Employer

When you change jobs, the green card process usually starts over, but Priority Date Retention can preserve your place in line. The typical sequence is:

1. PERM labor certification (if required). The new employer files a new PERM with the Department of Labor to show there are no able, willing, and qualified U.S. workers for the offered job.
2. New I-140 petition. After PERM approval, the employer files a new Form I‑140, Immigrant Petition for Alien Worker with USCIS.
3. Request to keep the old priority date. In the new filing, the employer or attorney asks USCIS to assign the priority date from your earlier approved I-140.
4. USCIS decision. If USCIS approves the new petition and the old case wasn’t revoked for fraud or misrepresentation, your priority date remains the earlier one.

This is where the real benefit appears: your place in the green card queue is tied to the old date, not the new filing date.

Example: How Much Time You Can Save

A simple example illustrates the power of Priority Date Retention:

• Company A files an EB‑3 case and obtains an approved I-140 with a 2009 priority date.
• In 2014, the worker moves to Company B, which starts a new PERM and later files a new I-140.
• If USCIS approves the second petition and honors Priority Date Retention, the worker keeps the 2009 priority date rather than receiving a 2014 date.

Result: The worker may save more than four years of waiting time before being able to file for adjustment of status or an immigrant visa.

Situations That Break Priority Date Protection

Priority Date Retention is not absolute. Key limits include:

• You generally cannot keep a priority date from an I-140 that USCIS later revoked because of fraud, willful misrepresentation, or an invalid labor certification.
• You only benefit from Priority Date Retention when a later I-140 petition is actually approved. If the new case is denied and there’s no other approved petition, you cannot rely on the rule for future filings.

Job Changes, Layoffs, and Recent USCIS Guidance

Employment situations change — layoffs, promotions, and company reorganizations are common. Since 2017, USCIS rules have provided more flexibility for employees to change employers without necessarily losing immigration benefits, including the ability to keep an old priority date when legal conditions are met.

These rules also create grace periods in some situations after job loss, which may give workers time to secure a new offer and start a fresh case.

According to analysis by VisaVerge.com, this framework can give foreign workers more confidence to accept promotions or new roles, knowing they may still keep their place in line.

What You Should Do as the Worker

Although employers and attorneys handle filings, your actions are important. To protect your priority date when changing jobs:

• Keep copies of all approval notices. Save I-140 approval notices and any PERM approvals from each employer.
• Share documents with your new employer. Your new immigration lawyer will usually need prior approval notices to request Priority Date Retention on the new I-140.
• Confirm how your old case ended. If you suspect the old petition might have been revoked for fraud, misrepresentation, or an invalid labor certification, raise this early with your attorney.
• Monitor Visa Bulletin movement. Since your place in the green card queue depends on the priority date, watching its progress helps you and your employer plan filings.

Where to Find Official Rules and Help

USCIS explains employment‑based immigrant visas and the role of Form I‑140 on its official website — the best place to see current forms and instructions.

If you’re unsure whether your approval supports Priority Date Retention, or how a job change might affect your case, speak with an experienced immigration attorney who can review your history and guide you.