Understanding Visa Retrogression: What It Means for Your EB-3 Immigration Journey

Over the last year or two, there has been lots of talk about visa retrogression. While the Visa Bulletin issued by USCIS has made some advancements to their retrogression chart, the reality of long wait times due to retrogression remains a point of frustration for immigrant hopefuls.  

Not only is retrogression frustrating, but it is also confusing, making the pain from the stoppages in the immigration process even more painful. Here we will look to answer a few of the most frequently asked questions about retrogression in hopes of alleviating some of the mysteries around the topic. The questions addressed are:  

1. What is visa retrogression?  
2. Has retrogression happened in the past?  
3. What are the future prospects for retrogression?   

#1. What is visa retrogression?

Many visa categories have a numerical limit set by Congress for how many visas can be issued under that category each year. Visa retrogression is a mechanism used by the State Department to manage how many visas are awarded for a visa category. The State Department’s Visa Office evaluates visa demand and adjusts “priority dates” on the Visa Bulletin monthly. Priority dates represent a foreign national’s “place in line” for receiving their visa; determining when Green Card applications can be filed and when Green Cards can be issued. In the employment-based Green Card queue, each applicant’s priority date is based on the time of their Labor Certification (LC) filing. The priority date is then used to determine when a case will be eligible to move forward causing processing backlogs. When the number of immigration petitions exceeds the total number for annual visa allocations, retrogression is used to temporarily halt the acceptance of new petitions by disallowing persons from receiving Green Cards if their priority date is not far enough in the past.

#2. Has Retrogression happened in the past?

While retrogression causes concern among many, if we zoom out to take a broader view of the retrogression issue, we will see that there is no reason to panic or stop your EB3 process. Retrogression has occurred in the past and here we will take that time to zoom out and look at some of the history of EB-3 visa retrogression.

Retrogression for EB-3 is nothing new. It has occurred in the EB-3 category a few times since the 1990s, even as recently in history as 2020. In 2020, Green Cards and work permits were held up for almost the entire year. Despite this, BDV and the attorneys worked to prepare all the applications, and as soon as retrogression was lifted, many of the applications were filed within weeks. Today, almost all applicants have their Green Cards. A look at retrogression past shows us that retrogression won’t affect your application forever, and if you stick with the process, a Green Card will make its way to you.

#3. What are the future prospects for retrogression?

Many lobbyists and legislatures are currently working towards changing the law and ending retrogression. For example, in 2023, legislatures introduced the Dignity Act, which proposed a “visa recapture” program that would allow the issuance of unused visas in the past to clear the current backlog. The Dignity Act also proposed no longer counting the applicant’s family’s Green Cards against the numerical limits set by Congress. This, and many other ideas continue to flow from immigration advocates like BDV into conversations in Congress.  

Although the exact date retrogression will end is uncertain, history tells gives us three important lessons to put into practice at this time:

1. Be ready! - Even though you can’t file now, one day you will be able to file. Stay responsive and stay attentive so that when the day comes you can be among the first to file your Green Card application.

2. Be patient! - Immigrating to the USA is a difficult and often frustrating process that will almost always take longer than you want. Be prepared to be patient and it will pay off in the long term.

3. Don’t give up! - Can you imagine if the thousands of people facing retrogression in 2020 had given up? If they had, they almost certainly would not have Green Cards today. Their process may have been extended, but when a Green Card is the goal, giving up won’t get you any further in accomplishing that goal. Stick with the process and the Green Card will come.

In conclusion, visa retrogression can present significant challenges but staying informed and proactive is key to navigating the complexities of immigration processes. Understanding the current state of retrogression and planning accordingly can make a crucial difference in your U.S journey.

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