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September 04.2025

2 Minutes Read

Why Your Priority Date Won't Void Company A’s PERM Application

Understanding Priority Date Portability

One common question many individuals face when changing employers within the United States is the impact on their immigration status, specifically related to priority dates. Priority date retention, especially when transitioning from company A to company B, is a key area of concern for those dealing with employment-based visas.

Does Porting Your Priority Date Affect Company A's PERM Application?

When an employee ports their priority date, a crucial distinction must be made: this does not automatically render the previous employer's PERM application void. As highlighted by seasoned immigration attorneys, including Sheela Murthy, the original I-140's PERM application remains valid for immigration purposes unless the initial employer chooses to formally withdraw it. Thus, even if the priority date is retained by a new employer, the application corresponding to the previous employer continues to exist in the system.

Implications for Business Lenders and Immigration

For business lenders, banks, and credit card providers involved with international employees, it’s crucial to understand that retaining a priority date can have significant implications for securing loans and financial products. Employees with a valid I-140 often have enhanced stability and prospects for permanent residency, making them favorable clients. Moreover, knowing that a previous PERM application remains intact provides a safety net in case of challenges with the new employer's application.

Proactive Steps Employers Can Take

Employers should remain proactive regarding their PERM applications. If a worker leaves and their priority date is ported to another company, staying informed about the status of that application ensures that all parties understand the potential outcomes. For employers who might want to retain talent, this knowledge can influence their recruitment and retention strategies going forward.

Conclusion: Stay Informed

For those navigating the complexities of employment-based visas, understanding priority date porting is vital. This knowledge is not only academically significant but practically valuable, as it informs decisions regarding employment, immigration status, and financial dealings. As the immigration landscape continues to evolve, staying informed and connected with legal experts will empower employees and employers alike.

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Why Your Priority Date Won't Void Company A’s PERM Application

Understanding Priority Date Portability

Does Porting Your Priority Date Affect Company A's PERM Application?

Implications for Business Lenders and Immigration

Proactive Steps Employers Can Take

Conclusion: Stay Informed

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