Is the priority date the same if I refile an EB-1A after a denial?

As a general rule, no. When an EB-1A is denied and you choose to file a new petition, the priority date is typically that of the new filing, not the original one. The date usually follows when the petition is received, so starting over normally means a new date.

It is worth understanding why this matters: the priority date determines your place in the queue and affects when you can move forward to the next steps. Losing the original date can, in practice, delay the process.

There are, however, specific scenarios in which part of the prior case may be carried over, depending on the path chosen, such as an appeal or a motion to reopen, rather than an entirely new petition. Each route has different consequences for the priority date. For this reason, before deciding between appealing or refiling, verify the current rules with USCIS and assess your strategy with a specialist.

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.