Retrogression (or visa backlog) occurs when the annual country visa quota is exhausted and where the total visa demand exceeds the annual visa limit. This creates a visa backlog. Families from retrogressed countries must wait longer to receive the EB-5 visa.
What is a retrograde visa?
Visa Retrogression. Retrogression typically occurs toward the end of the fiscal year as visa issuance approaches the annual category, or per-country limitations. Sometimes a priority date that meets the cut-off date one month will not meet the cut-off date the next month. When the new fiscal year begins on October 1,...
Where are family-sponsored visa retrogressed cases held?
Family-sponsored visa retrogressed cases are held at the National Benefits Center (NBC) upon completion of the interview and other processing steps. USCIS will finalize processing of visa-retrogressed cases when applicants' priority dates become available (current) based on the dates in the current month’s Visa Bulletin.
When does USCIS finalize processing of a visa-retrogressed case?
USCIS will finalize processing of visa-retrogressed cases when applicants' priority dates become available (current) based on the dates in the current month’s Visa Bulletin. If USCIS needs updated information from an applicant, we may send out correspondence such as requests for evidence or an interview notice.
What causes visa retrogression?
Visa retrogression is usually caused because the “annual limit for a category or country has been used up or is expected to be used up soon.” Usually, things return to normal (the cut-off dates shift back to where they were before the retrogression) when the new fiscal year begins on October 1.
What happens after retrogression?
If the priority date retrogresses after you file, then you remain a pending applicant for adjustment of status and can apply for employment and travel authorization as a pending applicant or have your employer continue to maintain your nonimmigrant status.
What does retrogression mean USCIS?
Visa retrogression occurs when more people apply for a visa in a particular category or country than there are visas available for that month. Retrogression typically occurs toward the end of the fiscal year as visa issuance approaches the annual category, or per-country limitations.
What is retrogression in EB3 visa?
What Is Visa Retrogression? Visa retrogression refers to situations when there are more visa applicants for a certain category or countries than there are available visas for that month.
How long does visa retrogression last?
Retrogressed Applications Are Not Terminated Once a visa becomes available, an applicant has almost two years before the ability to apply ends.
Will I get EAD if dates retrogress?
Remaining in the USA when visa priority retrogresses You also are eligible for interim benefits such as an employment authorization document (EAD) and advance parole at the discretion of U.S. Citizenship and Immigration Services.
How long will EB3 retrogression last?
EB-3 Professionals and Skilled Workers: EB-3 India will retrogress almost two full years to January 15, 2012. EB-3 China will retrogress by about nine and a half months to March 22, 2018. All other countries will remain current. EB-5: The Non-Regional Center program will be current for all countries except China.
Is EB2 going to retrogress?
Retrogression in EB2 is expected by Oct 22. USCIS is aiming to use all 280k available Green card numbers and has signaled that they may use up all available employment-based GC numbers by mid-Sep 2022.
What happens if I miss my priority date?
Still, after your priority date becomes current in the “Application Final Action Dates” chart, you will have one year to pursue your visa or green card. If you miss this as well, the government will perceive you have quit, and the next person in the line will get your visa number to the next.
Will EB3 move forward in 2023?
August 2022 Visa Bulletin Results and Analysis From what we can tell by looking at green card statistics and spillover numbers, it appears that EB3 may not make any significant movement until FY 2023.
Why does EB2 priority date move back?
Retrogression, or When the Priority Dates Move Backward But sometimes, so many people apply after a certain Priority Date is published that the State Department gets overwhelmed, and needs to put on the brakes. It does this by moving the Priority Date in that particular visa category backward.
Will EB3 dates move forward?
As of right now, we don't believe that EB3 will move much in August. However, we may see a slight advancement by 1 month for both final action date and dates of filing application. September 2022 is the month that may bring more movement for EB3.
What happens if final action date retrogression after filing I-485?
Unfortunately, if you previously filed your I-485 adjustment of status application but your priority date has retrogressed and is no longer current, the U.S. Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again.
How long will EB3 retrogression last?
EB-3 Professionals and Skilled Workers: EB-3 India will retrogress almost two full years to January 15, 2012. EB-3 China will retrogress by about nine and a half months to March 22, 2018. All other countries will remain current. EB-5: The Non-Regional Center program will be current for all countries except China.
Is EB2 going to retrogress?
Retrogression in EB2 is expected by Oct 22. USCIS is aiming to use all 280k available Green card numbers and has signaled that they may use up all available employment-based GC numbers by mid-Sep 2022.
How long does it take to get green card after final action date becomes current?
HOW LONG DOES IT TAKE TO GET A GREEN CARD? After filing Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from 8 to 14 months. The basis of your adjustment of status (e.g. family, employment, asylum, etc.) will be a significant factor.
What is visa retrogression?
Visa retrogression refers to situations when there are more visa applicants for a certain category or countries than there are available visas for that month. Typically occurring near the end of the fiscal year, visa retrogression can end up meaning that visa applicant’s priority dates shift around the set cut-off date, meeting it one month and then potentially not meeting it the following month due to the surge in demand.
What does retrogress visa mean?
This can end up meaning that a visa application is “held in abeyance, ” as USCIS explains, until there are visas available again.
How to find out if a visa is retrograded?
To find out if your visa application may be subject to retrogression, you can check the visa cut-off dates published in the monthly edition of USCIS’ Visa Bulletin.
Definition
Each month, the U.S. State Department releases a report of priority dates and whether they have changed or stayed the same. Priority dates are a key component of the application process for visas and other immigration privileges. The date is a placeholder for anyone waiting to apply for immigration benefits.
What This Means for You
If the priority date for your application was current before the Visa Bulletin update, your adjustment of status is on hold until the date becomes current again. Your AP/EAD card will be processed, but you may experience slightly longer wait times.
Travel
That said, if you have plans to travel for the holidays, you may need to speak with your family about a change of plans. Abandoning your application will essentially erase it, and you may have to reapply and go through the whole process over again.
What is Visa Retrogression?
Movement is dependent on various factors. How many Adjustment of Status applications were received by U.S. Citizenship and Immigration Services (USCIS) in the previous month and the allocation of the Congressional annual limit are both factors that could relate to this movement.
What does "retrogressed" mean on a visa?
Foreign nationals with a priority date appearing after the cut-off date listed on the Visa Bulletin will be “retrogressed”, essentially meaning the USCIS review of their pending Adjustment of Status application (if already filed) will be put on hold until their priority date becomes current again.
What Does This Mean for Me if I’m Retrogressed?
However, your Advance Parole and Employment Authorization Document (AP/EAD) combo card will be processed and can be renewed even while your case is retrogressed.
How often is the visa bulletin released?
The U.S. State Department releases a Visa Bulletin every month. The State Department will use one of two charts for the current month’s Visa Bulletin. One chart is the “Final Action Dates” chart, which means that a number is available for applicants if their priority date comes before the cutoff date listed on the chart. The second chart that the State Department may use is the “Dates for Filing” chart. This chart indicates when the individual can apply for a visa. An adjustment of status application may be filed if the applicant’s priority date comes before the filing date listed in the chart.
When does the visa retrogression take place?
Visa retrogression most frequently takes place in September, the end of the government’s fiscal year. Normally, the cut-off date for the next month resets to the date set prior to the retrogression.
What does the visa bulletin mean?
The Visa Bulletin typically indicates when a retrogression is taking place, helping visa applicants to prepare. This isn’t always the case, however, as retrogression can occur unexpectedly and move applicants toward the back of the line. This unexpected retrogression makes it important for green card applicants to ensure that their applications are sufficiently prepared, enabling them to apply for a month when a retrogression isn’t taking place.
Can a visa retrogression carry over into the next month?
This can lead USCIS to move the cut-off date backward. This visa retrogression won’t automatically carry over into the next month, but it can be unexpected for many people in line.
Can you be denied a visa if it is retroactive?
Regardless, officers are instructed to continue accepting and processing applications as long as the corresponding visa was available at the time of filing. On the other hand, officers can still deny applications if applicants are ineligible for reasons not pertaining to the retrogression.
When does retrogression occur?
Retrogression occurs when the cut-off dates that determine visa availability move backward instead of forward. The cut-off dates for nearly all family preference categories and nearly all countries retrogressed significantly in January 2011.
Why Did Retrogression Happen?
As a result, DOS changed the cut-off dates of family preference categories so more applicants could apply for a visa.
How Does Retrogression Impact Applicants?
When an applicant is reported as documentarily qualified, but no visas are available, the person’s interest in a visa is recorded at the VO, and a visa is made available as soon as the applicant’s priority date becomes available . When there is no longer a retrogression environment, an applicant who is documentarily qualified does not need to be recorded by the VO a second time.
Can a retrogressed visa be terminated?
Retrogressed Applications Are Not Terminated. If an applicant’s priority date has retrogressed, applicants do not need to notify their consular office that they are still pursuing a visa to prevent termination of a file. Once a visa becomes available, an applicant has almost two years before the ability to apply ends.
What is Visa Retrogression?
Movement is dependent on various factors. How many Adjustment of Status applications were received by U.S. Citizenship and Immigration Services (USCIS) in the previous month and the allocation of the Congressional annual limit are both factors that could relate to this movement.
What does "retrogressed" mean on a visa?
Foreign nationals with a priority date appearing after the cut-off date listed on the Visa Bulletin will be "retrogressed", essentially meaning the USCIS review of their pending Adjustment of Status application (if already filed) will be put on hold until their priority date becomes current again.
What Does This Mean for Me if I'm Retrogressed?
However, your Advance Parole and Employment Authorization Document (AP/EAD) combo card will be processed and can be renewed even while your case is retrogressed.
How often is the visa bulletin released?
The U.S. State Department releases a Visa Bulletin every month. The State Department will use one of two charts for the current month's Visa Bulletin. One chart is the "Final Action Dates" chart, which means that a number is available for applicants if their priority date comes before the cutoff date listed on the chart. The second chart that the State Department may use is the "Dates for Filing" chart. This chart indicates when the individual can apply for a visa. An adjustment of status application may be filed if the applicant's priority date comes before the filing date listed in the chart.