Impact of Retrogression on the EB-3 Unskilled (Other Workers) Category

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Four Distinct Groups Impacted by Retrogression

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Group 1: People Who Have LC Approvals but I-485s Have Not Been Filed

• Impact: If you file your I-485 before the retrogression occurs, you will be eligible for the green-card-based Employment Authorization Document (EAD) and Advance Parole (AP). This allows you to work using an approved EAD.
• Note: Until your priority date becomes current again, your I-485 application will remain pending.

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Group 2: People with Pending I-485 Applications, and LC's Were Filed AFTER the Cut-off

• Impact: You are impacted by the retrogression. You will still receive your EAD/AP and can work using the EAD. However, your I-485 will remain pending, and a green card will not be issued until your priority date becomes current again.

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Group 3: People with Pending I-485 Applications, and LC Was Filed BEFORE the Priority Date

• Impact: You are not impacted by the retrogression. Your priority date is still current, so your I-485 will continue processing. You will also get your EAD/AP and can work using the EAD.

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Group 4: People Who Do Not Have LC Approvals (LC Is Being Prepared or Pending)

• Impact: If the EB-3 Other Workers category is still retrogressed by the time your LC is approved, your outside counsel will file the I-140 immigrant petition first. The I-485 application can be filed later when your priority date becomes current.

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What Should You Do in the Meantime?

While waiting for your priority date to become current again, it’s important to:

1. Maintain Legal Status: Ensure you are in legal status while in the U.S.
2. Stay in Touch with Your Attorney: Make sure you have everything needed to file when your priority date becomes current.
3. Be Patient and Ready: Stay prepared and patient for the process to move forward when the time comes.

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What Happens After My Priority Date Becomes Current Again?

Once your priority date is current, you will be able to proceed with your process by filing for:

• Work authorization
• Travel authorization
• Green card