Sec. 3108. Retention of priority dates
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Section 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153 ) is amended— in subsection (h), by amending paragraph
(3)to read as follows: If the age of a noncitizen is determined under paragraph
(1)to be 21 years or older for purposes of subsection (d), and a parent of the noncitizen files a family-based petition for such noncitizen, the priority date for such petition shall be the original priority date issued upon receipt of the original family-based or employment-based petition for which either parent was a beneficiary. ; and by adding at the end the following: The priority date for any family-based or employment-based petition shall be the date of filing of the petition with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. The beneficiary of any petition shall retain his or her earliest priority date based on any petition filed on his or her behalf that was approvable on the date on which it was filed, regardless of the category of subsequent petitions. .
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Sec. 3108
Retention of priority dates
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