The Visa Bulletin is an essential monthly publication issued by the U.S. Department of State, providing updates on the availability of immigrant visa numbers. While applicants rely on it to track their immigration case progress, they may encounter an unexpected term—retrogression. But what exactly does retrogression mean, and how does it impact visa applicants? Here, we discuss visa retrogression and what it means for U.S. immigration.
Understanding Visa Retrogression: What It Means for Your Case
Visa retrogression is a term that may surprise applicants tracking their immigration progress through the U.S. Department of State’s monthly Visa Bulletin. But what exactly is retrogression, and how does it impact your green card timeline?
What Is Visa Retrogression?
Retrogression occurs when the priority date for a visa category moves backward instead of forward. This delay happens when fewer visa numbers are available than initially expected, leaving applicants waiting longer for their priority dates to become current.
Why Does Retrogression Happen?
Several factors can cause retrogression:
- Annual Visa Quotas: Congress sets yearly limits on visa numbers by category and country. If demand exceeds supply, retrogression occurs.
- High Demand from Certain Countries: Countries like India, China, Mexico, and the Philippines often see retrogression due to high application numbers.
- Per-Country Limits: No single country can use more than 7% of available visas, creating bottlenecks for high-demand regions.
- Reallocation of Unused Visas: Visas unused in one category may transfer to another. If fewer visas are available for reallocation, retrogression can result.
How Retrogression Impacts Applicants
Retrogression can create several challenges, including:
- Green Card Processing Delays: If your priority date is no longer current, your application cannot move forward.
- Adjustment of Status (Form I-485): Applicants must wait for their priority date to become current to file or finalize this application.
- Planning Disruptions: Retrogression introduces uncertainty, making it harder to plan personal and professional changes.
What Can You Do About Retrogression?
If retrogression affects your case, here are steps you can take:
- Monitor the Visa Bulletin: Stay updated on cut-off dates for your visa category and country.
- Consult an Immigration Attorney: Explore alternative visa options or strategies to minimize delays.
- Keep Nonimmigrant Status Valid: If you are already in the U.S., ensure your current visa remains active while you wait.
- Communicate with Your Sponsor: Keep employers or family sponsors informed and ready to assist with documentation.
Key Terms to Know
- Priority Date: The date your immigrant petition was filed (or when your labor certification was accepted).
- Visa Bulletin: A monthly update from the Department of State that shows visa availability by category and country.
How USCIS Handles Retrogressed Cases
If retrogression occurs after you file Form I-485:
- USCIS will hold your case until your priority date becomes current again.
- Employment-based cases are typically held at the National Benefits Center.
- Family-based cases are also managed at the National Benefits Center after interviews or additional processing steps.
USCIS may request updated information during this time, so keep your contact details current to avoid delays.
Conclusion
Visa retrogression can be a frustrating hurdle in the immigration process, but understanding its causes and impacts helps you navigate delays. Stay proactive by monitoring the Visa Bulletin, maintaining valid status, and consulting an experienced immigration attorney for guidance.
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If you have questions regarding the Visa Bulletin. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
