Is it possible to “port” a priority date from an I-140 to a new employer?

In general, yes. The priority date from an approved I-140 can, in many cases, be retained when you move to a new sponsoring employer. Because this date marks your place in the green card queue, keeping it is usually advantageous.

In practice, the new employer must initiate its own process, typically filing a new I-140 and, when applicable, a new labor certification (PERM). When doing so, it is possible to request that the priority date from the previously approved petition be preserved.

This portability, however, depends on certain conditions, including:

• The original petition being approved and not having been permanently revoked.
• Compatibility between the prior position and the new job offer.
• Your case fitting within the applicable portability rules.

Because these details vary by situation and can be highly technical, consult a specialist and confirm the current rules at the official source (USCIS) before counting on the ability to carry over the date.

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.