Do I already have priority from another EB-2 petition? Can I use this date for the NIW?

The immigration process to the United States can seem complex, especially when dealing with multiple simultaneous petitions within the same category. Many people have questions about the possibility of using priority dates from a pre-existing petition when filing a new one, such as in the case of the EB-2 NIW.

In general terms, the priority date – which is usually the filing date of Form I-140 – is an important element, as it defines the applicant’s ‘position’ in line for adjustment of status or consular processing.

If you already have an approved or properly filed EB-2 petition, there may be situations where this date can be transferred to a new EB-2 NIW petition. However, this transfer is not always automatic. To use the priority date in a new EB-2 NIW petition, the specific requirements of each petition must be met. This includes, for example, that the prior petition was approved and that in the new petition you can prove you continue to be eligible under the EB-2 NIW criteria.

This scenario can be advantageous, as an earlier priority date may speed up your process when the category becomes ‘current’ (that is, when visas are available). However, it is crucial to emphasize that the nuances of immigration law are many and can vary depending on the specific details of each case.

USCIS rules and judicial interpretations update over time, so it is important to consult official sources and seek expert guidance from experienced immigration professionals. This way, you avoid mistakes and, more importantly, the risk of falling for quick-fix promises and guaranteed results promoted by marketing campaigns or entities without proper credibility.

Always remember the importance of following the United States immigration laws and seeking reliable and updated information. Each case has its particularities, so individual analysis is fundamental for any decision to be made based on solid grounds and current regulations.

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.