If I File an I-140 Application in EB1C Category, What is My Priority Date?

Dr. William:

My last L-1A status extension was approved about two months ago. Since the EB-2 priority dates for my country of origin are now sitting back more than 2 years. If I apply for EB-1 manager immigration through my current company and file an I-140 application in EB1C category, what is my priority date?


Answer:

The L-1As can stay in the U.S. for a maximum period of seven years. The L-1A executives and managers can apply for Green Cards without going through the Labor Certification applications. The priority date is fixed at the time of filing of form I-140 petition, and not at the time of filing of L-1A petition or visa extension filing date. 

In all the Labor Certification waiver cases including EB1C executive/manager or National Interest Waiver petition, the priority date is determined by the date of filing of the immigrant petition (Form I-140), since these are the cases that do not need a Labor Certification application. In your case, your priority date is the date that your employer filed EB1C petition has been received by an USCIS Service Center.

 



 

 

 

 

 

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