If Your Nursing Job Offer Was Rescinded, Do You Lose Your Priority Date?

If your I-140 was approved, you typically do not lose your priority date when a nursing job offer is rescinded — you may be able to carry it forward to a new employer and keep your place in line.

If you are an internationally trained RN with an EB-3 visa case already in process, here's what you need to know.

Your priority date is your place in line for an employment-based visa. When nurses ask whether they can keep it after a rescinded offer, what they usually mean is:

Do I lose my place in line if I need a new employer?

That answer depends first on whether your I-140 was approved.

If you have an approved I-140

If your nursing job offer was rescinded, an approved I-140 may still allow you to keep your priority date with a new employer. That means you may still keep your place in line even if the original job is no longer moving forward.

What happens next depends on who is listed as the employer on the petition. In a direct hire model, a new employer usually needs to refile for you in order to recapture that priority date. In an agency model, like with Health Carousel International, the agency remains the employer on the petition, so a cancelled hospital placement does not by itself change the petition or your place in line.

If you do not have an approved I-140

If you do not have an approved I-140, there is usually no approved priority date to carry to a new employer.

That does not mean your journey to a U.S. nursing career is over. It means a new employer may need to file for you and start the process to establish your place in line.

It is important to reach out to the employer handling your case or seek advice from an immigration attorney to help you understand your case-specific questions.

Why the employer on your petition matters

Whether you need a new employer or only a new placement depends on who is listed as the employer on your petition.

If the hospital is the employer on the petition, a rescinded offer may mean you need a new employer to keep moving forward. If the agency is the employer on the petition, a hospital placement change does not by itself change the petition.

That difference matters because it affects whether your priority date needs to be recaptured by a new employer or whether your place in line can stay in place while a new placement is identified.

What “recapturing” your priority date actually means

When nurses talk about recapturing a priority date, they usually mean keeping their original place in line when a new employer files a new petition after a rescinded offer.

A new employer may still need to complete filing steps, but if your priority date is recaptured, you do not lose your original place in line or get a brand-new priority date based on today’s filing date.

Example:
Let’s say your original priority date is June 3, 2023. If a new employer is able to recapture that date, you keep June 3, 2023 as your place in line. You do not get a new priority date based on the day the new employer files.

That matters because when you look at the Visa Bulletin, your original priority date may already be much closer to becoming current than a brand-new filing would be.

How to keep your place in line

If your job offer was rescinded and you have an approved I-140, keeping your place in line usually means moving forward with a new employer who can recapture your priority date.

If you still want to move forward in the U.S. and need a new employer, an agency-sponsored program like Health Carousel International may be able to help you continue the process by filing for you and recapturing your priority date.

Common questions about priority dates after a rescinded offer

Do I lose my priority date if my job offer was rescinded?

Not always.

If your I-140 was approved, you may still be able to keep your original priority date with a new employer. That can help you keep your place in line even if the original job is no longer moving forward.

Do I have to start completely over?

Not always.

Every candidate’s situation is unique. Some nurses may need to repeat part of the process, but that does not always mean starting from the beginning. If your priority date can still be kept, that may help you avoid going to the back of the line.

For case-specific questions, speak with the person handling your case or an immigration attorney.

What is the difference between a rescinded offer and a withdrawn petition?

A rescinded offer means the job is no longer moving forward.

A withdrawn petition means the immigration filing itself may also have changed. That difference matters because the next step may look very different depending on which one happened.

If you already have a priority date, you may still have a path forward

A rescinded job offer does not mean your U.S. nursing journey is over.

If you already have a priority date, that may still help you move forward instead of restarting the process.  

If your job offer was rescinded and you still want to build your nursing career in the U.S., apply to the PassportUSA program to explore whether your priority date can be recaptured.

Apply today‍