Guidance on Retaining Priority Dates

The Vermont Service Center (VSC) has issued a practice pointer on the circumstances under which VSC will transfer a priority date to a subsequent petition.

Retaining an earlier priority date is possible when:

1. If the same petitioner (employer) and beneficiary (employee) are parties to both the original and the subsequent petitions (under 8 C.F.R. 204.2(h)(2)) and:
   1. the subsequent petition is for the same preference classification;
   2. the original petition has not been terminated pursuant to 203(g);
   3. the original petition has not been revoked pursuant to 205; and
   4. an immigrant visa has not been issued to the beneficiary based on the original petition.
2. If the Service erred in any way on the prior petition, an earlier priority date may be granted to correct the error on the subsequent petition.
3. If derivative beneficiary of a family-based second preference immigrant petition (F2A) ages out (under 8 C.F.R. 204.2(a)(4)).