Simply stated, visa retrogression occurs when the cut-off date for visa availability moves back in time to an earlier cut-off date. Why does Visa Retrogression occur? In order to be eligible to receive a green card, the visa for which you applied must be available.
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 if my priority date retrogression after filing I 485?
What happens to my pending I‐485 application if my priority date becomes subject to retrogression? If you (and any dependent family members) filed I‐485 applications while you had a current priority date, your applications will remain pending at the USCIS.
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.
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.
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.
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.
Which is faster EB2 or EB3?
Assuming, EB3 moves at a faster rate than EB2 India, you downgrade from EB2 to EB3 and file i485 along with 140. Now, in the future EB2 India moves faster than EB3 India and you have approved 140 and EAD from EB3.
How many years does it take to get a green card in EB3?
between 1 and 3 yearsThere are several steps in receiving an EB3 visa application. Therefore, the EB3 processing time should take between 1 and 3 years for most EB3 visa applications to be processed. Yet, it can be longer for people of some countries.
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.
What happens after I-485 interview when the priority date is not current?
After the I-485 interview is concluded without issues and if the priority date of the primary applicant is not current, USCIS will hold the case in abeyance until the priority date becomes current and an immigrant visa becomes available.
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.
Can i485 be approved before priority date is current?
More so, Form I-485 can be filed while a Form I-140 is still pending in some cases. However, you cannot file concurrently unless your priority date is “current” and your PERM has been approved. A priority date is the date the PERM was filed, and you can see if that date is current on the USCIS visa bulletin.
Is there a time limit for filing I-485 from the time priority date becomes current?
In order to be eligible for such a benefit, however, within one year of the priority date becoming current the employee must file an I-485 adjustment-of-status application or have pursued an immigrant visa through consular processing.
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.
What languages does Immigration Legal Services offer?
Additionally, we are able to provide immigration legal services in various languages, including in Spanish, Mandarin, Cantonese, Vietnamese, Korean, Japanese, Bahasa Indonesian, Tagalog and Fukienese.
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.
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 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.
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.
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.
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.
