Quick Summary
Visa bulletin retrogression occurs when the USCIS moves your green card priority date backward due to oversubscription.
It can delay your ability to file Form I-485 or cause a pause in green card approval.
Retrogression affects employment-based green cards, especially for countries like India.
Keep tracking the monthly Visa Bulletin and stay in touch with your employer or attorney.
Introduction
If you're waiting on a U.S. green card through an H1B employment route, you've probably heard of the Visa Bulletin, but what happens when your priority date retrogresses?
Visa bulletin retrogression is a real concern for many Indian-origin tech professionals in immigration hubs like New Jersey, California, and Texas. It’s a technical term, but its impact is deeply personal, it can stall your green card journey even after years of waiting.
Let’s break it down clearly, with actionable steps to help you stay prepared.
What is the Visa Bulletin?
The Visa Bulletin is a monthly publication by the U.S. Department of State that shows when green card applicants can move forward based on their priority date, the date your PERM labor certification or Form I-140 was filed.
The bulletin separates green cards into:
Family-based categories
Employment-based categories
Each category is further divided by country of chargeability (your birth country). Due to high demand, India and China often have much longer waits in the employment-based EB-2 and EB-3 categories.
Also Read: EB-1, EB-2, and EB-3 Categories Explained
What is Visa Bulletin Retrogression?
Visa bulletin retrogression occurs when previously current priority dates move backward in the bulletin. This happens when demand exceeds the annual visa limit for a particular category or country.
In simple terms, you may become ineligible to file or complete your green card application, even if you were just about to.
Key Triggers for Retrogression:
- Surge in I-140 approvals for a category (e.g., EB-2 India)
- USCIS has already issued most of the year’s quota
- Country-specific visa caps being reached
- Checklist: What Happens If Your Date Retrogresses?
- If your priority date retrogresses before you file Form I-485:
- You must wait until the date becomes current again to apply.
- If your I-485 is already filed but not yet approved:
- Your case is put on administrative hold (paused).
- You can still renew EAD/AP (work/travel permits) yearly.
- If you’re on H1B, you’ll need to maintain your status until approval.
- How Does Visa Bulletin Retrogression Affect Your Green Card?
- Delays in Final Green Card Approval
- Even after filing I-485, you won’t get your green card until your priority date is current again.
- Pause in Adjustment of Status
- You can’t move to the final interview or card issuance stage.
- Impacts Travel, Job Changes, and Life Plans
- Retrogression affects Advance Parole travel plans.
- Switching employers gets riskier if your I-485 is paused.
- Real-World Scenario: Raj’s Retrogression Story in Texas
- Raj, a software engineer in Austin, had his EB-2 I-140 approved in 2020. In October 2022, the visa bulletin finally showed his priority date as current. He filed I-485 immediately.
However, in February 2023, due to a visa bulletin retrogression, his date fell back 8 months.
Also Read: Pathways to Permanent Residency (GC) for Tech Workers
Outcome:
- Raj’s I-485 was paused. Luckily, he had EAD and Advance Parole. While he could work and travel, he couldn’t move jobs without risking his green card. He continues to wait for the date to become current again.
- How to Monitor the Visa Bulletin
- Visit the official Visa Bulletin website each month.
- Track both:Final Action Dates (for green card approval)
- Dates for Filing (for submitting I-485)
- Subscribe to USCIS updates or apps that track priority date movement.
FAQs: Visa Bulletin Retrogression
How often does visa bulletin retrogression happen?
For countries like India, it's common, especially in EB-2 and EB-3 categories near the end of the fiscal year (Sept).
Can USCIS deny my I-485 because of retrogression?
No. It is held in a queue. It will be approved only once your date becomes current again.
Can I travel if my date retrogressed after filing I-485?
Yes, if you have a valid Advance Parole (AP).
Can my spouse get EAD if our case is retrogressed?
Yes. As long as I-485 is filed, your spouse and dependents can get or renew EAD/AP.
Questions to Ask Your Immigration Attorney
What’s my current priority date and category?
Can I downgrade from EB-2 to EB-3 for faster processing?
Should I apply for Advance Parole even if I don’t plan to travel?
How do I maintain legal status if my I-485 is delayed?
Can I switch employers using AC21 if retrogression hits?
Also Read: What is AC21 job portability under an I-485 pending Green Card process?
Conclusion:
Visa bulletin retrogression is a frustrating yet common hurdle in the green card journey, especially for high-demand countries like India. While it doesn't cancel your application, it pauses your progress and impacts life decisions.
Stay informed, track the visa bulletin monthly, and keep your immigration documents up to date. Patience, planning, and legal guidance are key during retrogression phases.