Visa retrogression is a complex yet crucial aspect of the U.S. immigration system that significantly affects many green card applicants, particularly those from India. This phenomenon occurs when the U.S. Department of State moves the priority dates backward in the Visa Bulletin, causing delays for applicants. This article will delve into the details of visa retrogression, its causes, the affected categories, and its implications for Indian applicants.
What is Visa Retrogression?
Visa retrogression is a situation where the U.S. Department of State adjusts the priority dates listed in the Visa Bulletin backward. This adjustment means that even applicants who were previously eligible to proceed with their green card applications must now wait longer. This typically impacts people applying for employment-based or family-sponsored immigrant visas.
Why Does Visa Retrogression Happen?
The United States issues a limited number of immigrant visas (green cards) each year. These visas are divided by visa category and country of chargeability. When the number of applications from a specific country or category exceeds the visa limit, the U.S. government retrogresses the priority dates to manage the backlog. This means that even applicants who were previously eligible must wait until their priority date becomes current again.
What Is a Priority Date?
A priority date is a crucial component of the U.S. immigration process. It is the date when the U.S. Citizenship and Immigration Services (USCIS) receives a properly filed immigrant petition, such as Form I-130 for family-based visas or Form I-140 for employment-based visas. Each month, the Visa Bulletin lists cutoff dates.
If an applicant's priority date is earlier than the listed date, they can move forward with their green card application. However, when retrogression occurs, the listed cutoff date moves backward, pausing the process for many applicants.
Who Is Affected by Visa Retrogression?
Visa retrogression impacts several categories of applicants, particularly those from countries with high demand for immigrant visas, such as India and China. The most affected categories include:
Employment-Based Applicants
Categories such as EB-2 (advanced degree professionals) and EB-3 (skilled workers, professionals, and unskilled workers) often face retrogression due to the high volume of applications. For instance, Indian applicants in these categories have experienced significant delays in recent years.
Family-Sponsored Applicants
Family-sponsored categories like F1 (unmarried sons and daughters of U.S. citizens), F2B (unmarried sons and daughters of green card holders), and F4 (siblings of U.S. citizens) may also be impacted by retrogression. These categories often have long waiting periods, which can be further extended due to retrogression.
What Happens If Your Green Card Application Retrogresses?
The impact of visa retrogression varies depending on whether the applicant is adjusting their status within the U.S. or undergoing consular processing outside the U.S.
Adjustment of Status (AOS)
If you are in the U.S. and have applied for a green card through Form I-485, your application will be paused until your priority date becomes current again. During this period, you may retain any previously granted benefits, such as Employment Authorization Documents (EAD) or Advance Parole (AP), allowing you to work and travel while waiting.
Consular Processing
If you are outside the U.S., you cannot schedule a visa interview until your priority date becomes current. This delay can significantly impact your plans to move to the U.S.
Example of Visa Retrogression
To illustrate the impact of visa retrogression, consider the following example: If the EB-3 India cutoff date in the February Visa Bulletin is January 1, 2013, but in March it is retrogressed to July 1, 2012, then applicants with priority dates after July 1, 2012, must wait until their date becomes current again. This backward movement in priority dates can cause significant delays in the green card application process.
Key Points to Remember for Visa Retrogression
Understanding visa retrogression is essential for anyone navigating the U.S. immigration system. Here are some key points to keep in mind:
- Cause of Retrogression: Visa retrogression is caused by high demand and limited annual visa numbers.
- Temporary Delay: While retrogression is a temporary delay, it can extend waiting times significantly.
- Monitoring the Visa Bulletin: Applicants should track the monthly Visa Bulletin to stay updated on priority dates and consult immigration attorneys for guidance on managing delays.
Conclusion
Visa retrogression affects many people trying to adjust their status or immigrate to the U.S., and understanding this process is crucial for planning next steps. For Indian applicants, who often face significant delays due to high demand, staying informed and seeking professional advice can help mitigate the impact of retrogression. By staying vigilant and proactive, applicants can better navigate the complexities of the U.S. immigration system.
Also Read: Green Card Delay or Progress? March 2025 Visa Bulletin
About the Author:
Rohit Kumar
I am a skilled content writer and SEO expert with a passion for crafting engaging and informative content. I currently work at Possible11, where I contribute to the company's blog and social media channels. I am also a contributing writer for several online publications. With over 500 articles under my belt, I have a deep understanding of how to create high-quality content that resonates with readers and drives traffic. I am also an expert in SEO, and I know how to optimize content for search engines to improve its visibility. I am a valuable asset to any team, and I am always ready to take on new challenges.
