Is it possible to ‘port’ the priority date if I have a previous I-140?

Generally, yes: the priority date from a previously approved I-140 can be carried over to a new petition, including in the EB-1 category. This date marks your place in the visa availability queue, and preserving it is usually advantageous because it avoids restarting the wait from scratch.

Carrying over the priority date, however, depends on conditions set by USCIS and on the type of petition involved. It is not automatic in every situation, and details of your petition history may affect the outcome.

• The priority date defines your position in the employment-based immigration queue.
• A date from an approved I-140 can, in many cases, be transferred to a new petition.
• The exact conditions are assessed case by case by USCIS.

Because the rules for carrying over a priority date have nuances, it is worth checking the updated requirements on the USCIS website and reviewing your situation with a specialist before counting on this portability.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.