Visa retrogression is a critical concept for immigrants seeking permanent residency in the United States. The U.S. Congress places annual limits on the number of immigrant visas available. For an applicant to adjust their status to that of a lawful permanent resident, a visa must be available at both the time of application filing and adjudication.
The Visa Bulletin, published monthly by the U.S. Department of State, determines which applicants can proceed with their applications based on priority dates. This article provides an in-depth analysis of visa retrogression, its causes, and how it affects applicants.
What Is Visa Retrogression?
Visa retrogression occurs when the priority dates in the Visa Bulletin move backward, meaning that applicants who were previously eligible for the next step in their Green Card application must now wait longer.
What are the causes of Visa Retrogression?
Visa retrogression can happen due to several factors:
| Factor | Description |
| High Demand | More applicants than available visa slots |
| Per-Country Limits | U.S. law limits the number of visas issued to individuals from a single country |
| Category Limits | Each visa preference category has an annual cap |
| End of Fiscal Year | Visa quotas reset on October 1, causing fluctuations in availability |
What are Priority Dates?
The priority date is the date when an immigrant petition is properly filed with U.S. Citizenship and Immigration Services (USCIS). In cases involving employment-based immigration, the priority date may correspond to when the Department of Labour (DOL) accepts a labour certification application for processing.
| Visa Type | Form Used for Petition |
| Family-Based Visa | Form I-130 |
| Employment-Based Visa | Form I-140 |
The U.S. Department of State publishes a Visa Bulletin every month that contains cutoff dates. Applicants can move forward with their application if their priority date precedes the cutoff date. If the dates retrogress, however, applicants must wait until their priority date becomes current again.
What is a Visa Bulletin?
The Visa Bulletin is a monthly publication by the Department of State that lists cut-off dates for different visa categories. These dates determine when applicants can file for adjustment of status (Form I-485) or receive final approval for permanent residence.
Who Is Affected by Visa Retrogression?
Visa retrogression primarily affects individuals in employment-based and family-sponsored visa categories:
Employment-Based Visa Categories Affected
- EB-2 (Advanced Degree Professionals): Particularly impacted for applicants from India and China.
- EB-3 (Skilled and Other Workers): Frequently experiences retrogression due to high demand.
Family-Sponsored Visa Categories Affected
- F1: Children of U.S. citizens who are unmarried.
- F2B: Unmarried sons and daughters (21 years of age or older) of Green Card holders.
- F4: Siblings of U.S. citizens.
How does Visa Retrogression affect the Green Card applicant?
When a visa retrogresses, it affects Green Card applicants in different ways:
| Situation | Impact of Retrogression |
| Adjustment of Status (AOS) | Application is paused until the priority date becomes current. |
| Consular Processing | A visa interview cannot be scheduled until the priority date is current. |
| Work Authorization | If an applicant has already received an Employment Authorisation Document (EAD), they can continue working while waiting. |
| Travel Authorization | Advance Parole (AP) holders can continue travelling, but new applicants may experience delays. |
How USCIS Handles Retrogressed Cases
| Case Type | Location Held Until Visa Becomes Available |
| Employment-Based Cases | National Benefits Center (NBC) |
| Family-Sponsored Cases | National Benefits Center (NBC) |
USCIS will resume processing when the applicant's priority date becomes current again in the Visa Bulletin.
What Applicants Can Do During Retrogression?
Employment & Travel
Applicants who properly filed Form I-485 before retrogression can apply for:
- Employment Authorization Document (EAD) using Form I-765
- Advance Parole for travel using Form I-131
Updating Information
It is crucial to keep USCIS updated with current addresses to avoid missing important notices. Applicants should:
- Update their address via the USCIS Change of Address Information system
- If applying from overseas, notify the National Visa Center (NVC) about address changes
How to Manage Visa Retrogression?
Key Steps for Applicants
- Monitor the Visa Bulletin: The U.S. Department of State publishes it monthly.
- Consult an Immigration Attorney: Professional advice can help navigate the complexities of retrogression.
- Explore Alternative Visa Categories: In some cases, applicants may qualify for other employment-based categories with shorter wait times.
- Maintain Valid Work and Travel Permits: If you have an EAD or AP, ensure timely renewals.
Conclusion
Visa retrogression can significantly delay the immigration process for applicants, often leading to uncertainties. Staying informed through the Visa Bulletin, keeping contact information updated, and maintaining valid work and travel documents can help applicants navigate this challenging situation effectively.
Comments
All Comments (0)
Join the conversation