Can I lose the priority date if the company ceases operations?

When it comes to the EB-3 visa, many wonder about the impacts that changes in the sponsoring company’s situation may have, especially regarding the priority date. The priority date, which is the date marking the beginning of your immigration process (usually when your I-140 petition is filed), is a fundamental element for the progress of your case.

In general terms, an approved priority date is not automatically lost if the closed company stops operating. However, the situation can be more complex. If the company indeed ceases its activities, the impact will depend on the stage of your process and how your petition was conducted.

For example, if your I-140 has already been approved and you are in an advanced phase, normally the priority date remains intact. However, in cases where the company had an active and continuous role in your sponsorship process, it is important to assess whether the withdrawal or closure was recognized by immigration authorities and if there is a possibility to transfer the process to another entity or a similar situation.

It is essential to pay attention to details, as each case has its particularities and can be affected by legal nuances and by the interpretation of procedures by immigration bodies. Therefore, following United States immigration laws and seeking the assistance of specialized professionals can be decisive.

Avoiding superficial information, scams, or marketing campaigns promising miraculous solutions is essential so as not to jeopardize your entire immigration process. If any uncertainty arises, a consultation with a specialist can provide the necessary guidance to understand the implications and possible paths to be followed.

Legal certainty and strict compliance with immigration rules are always indispensable steps to preserve rights and the appropriate progress of the process, including ensuring the maintenance of the priority date, when applicable.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.