Understanding Visa Retrogression and Managing Its Effects
Visa retrogression is one of the most frustrating parts of the green card process. Just when permanent residency is within reach, the waiting period can suddenly stretch longer than you expected. This often happens because a limited number of green cards are issued each year, which can cause delays for applicants in both family- and employment-based categories. Why does visa retrogression happen, and what are the best ways to manage its effects? Find the answers here to protect your status and plan your next steps.
What Is Visa Retrogression?
Visa retrogression happens when the cut-off dates in the U.S. Department of State’s Visa Bulletin shift backward. This means fewer visas are available for a given category or country than in the previous month.
Each immigrant visa category has an annual quota. When demand for visas exceeds the number available, your priority date may get pushed back, meaning your green card case is paused until visa numbers become available again. Rest assured that green card retrogression doesn’t mean your application is denied—it simply means your wait time has gone up.
How Visa Retrogression Affects Applicants
Everyone in the green card process feels the impact of visa bulletin retrogression. During the prolonged waiting period, it’s critical to maintain your lawful status in the U.S. Here are the steps to consider:
Extend your nonimmigrant status: If you’re in the U.S. on a visa, such as an H-1B or L-1, extend it in a timely manner so you don’t fall out of status while your green card case is pending.
Check eligibility for employment authorization and travel documents: If you have already filed Form I-485, you may qualify for a work permit or advance parole to keep your life and employment stable while waiting.
Watch for Visa Bulletin updates: Priority dates can change monthly, so monitoring the Visa Bulletin helps you plan your next steps.
Impact on Employment-Based Categories
Employment-based immigration applicants are highly affected by priority date retrogression. This is because certain categories, such as EB-2 and EB-3, are often oversubscribed, particularly for applicants born in high-demand countries.
When an employment-based visa retrogression occurs, I-485 applications may be delayed or placed on hold, even for applicants whose labor certification and I-140 petition have already been approved. Employers with workers who are affected by visa retrogression should consider these strategies to help retain valued employees and minimize business disruption:
Extend nonimmigrant work visas: Where possible, employers can seek extensions of existing visas to keep critical employees working while waiting out retrogression.
Consider alternative classifications: Sometimes, shifting to a different employment category with better visa availability may help.
Contact an immigration lawyer: Keeping in regular contact with a knowledgeable attorney helps employers navigate rule changes and plan ahead.
Effect on Family-Based Visa Categories
Family-based visa retrogression affects relatives of U.S. citizens and permanent residents who are waiting for their priority dates to become current. For families, retrogression means longer periods apart or additional wait times before a loved one can receive an immigrant visa or permanent residency. Unlike many employment categories, family preference numbers are tightly capped by law. As a result, demand often outpaces supply, leading to frequent retrogression.
While delays are frustrating, families still have options:
Prepare documentation ahead of time: Keep all paperwork current so you’re ready to file as soon as the priority date moves forward again.
Understand derivative benefits: In many green card cases, certain family members, such as a spouse or unmarried children, can be included in the same application. When the main applicant’s priority date becomes current, those family members are allowed to move forward in the process at the same time.
Explore temporary visas: In some situations, family members may be eligible for temporary visas that allow them to live in the U.S. legally while waiting for their green card process to move forward.
Alternative Immigration Pathways to Consider
Even when your priority date is not current, you have other options to explore that may help you achieve your immigration goals. Each pathway has different criteria and considerations. Work with an immigration attorney to help you decide if any of the following make sense for your situation:
Nonimmigrant work visas: Options like H-1B, L-1, or O-1 allow continued employment while waiting for permanent residency.
Adjustment through marriage to a U.S. citizen: Spouses of U.S. citizens are not subject to annual visa limits, which means their green card cases are far less likely to be delayed by retrogression.
Investor visas (EB-5): Eligible applicants may qualify for permanent residency by investing in a U.S. business.
Special immigrant categories: Programs like the U visa or other humanitarian-based visas may apply in specific situations.
Take the Next Step on Your Immigration Journey
USCIS visa retrogression may delay your permanent residency plans, but the right guidance makes it easier to plan ahead and avoid setbacks. Hurtubise Weber Law has helped clients navigate complex immigration laws since 2013. Our bilingual team is committed to helping you achieve your immigration goals. For more proactive strategies to combat priority date retrogression, please contact us in San Francisco or San Jose, CA. We’re here to help.
FAQs
What is a priority date, and why does it matter?
A priority date is the date your immigrant petition was filed and determines your place in the visa queue. It must be “current” for your case to proceed.
Does retrogression mean my case is denied?
No. Retrogression simply means your case is on hold until your priority date lands before the cut-off date again.
Can I work while my adjustment of status is on hold due to retrogression?
Yes, as long as you have valid status or an employment authorization document (EAD) while your I-485 is pending.
Will priority dates always move forward again?
Priority dates should eventually advance, but their movement is unpredictable and depends on demand and annual visa limits.
Should I consult an attorney if retrogression affects my case?
Yes. We recommend contacting an immigration lawyer to help you understand your options and protect your status during the delay.