Published: January 9, 2025
USCIS processed a record-high 10.9 million filings in FY 2023, clearing over 10 million pending cases and reducing backlogs by 15 percent. Despite this, visa retrogression creates significant hurdles for foreign nationals looking to immigrate to the US. It happens when visas in specific categories or countries exceed the statutory limits established by the US government.
The Immigration and Nationality Act (INA) caps family-sponsored visas at 226,000 and employment-based visas at 140,000 annually. Suppose too many individuals from one country or green card category apply for the annual visa limit. In that case, priority dates move backwards, delaying the processing of visa applications.
Visa retrogression can delay your plans to work or reside in the US. When facing its impact, you must remain updated and work with an immigration lawyer to prevent further waiting periods. Below, we’ll discuss what happens during green card retrogressions and how to navigate them effectively.
Understanding What Happens During Green Card Retrogressions
Visa retrogressions can have serious consequences, leaving you uncertain about your immigration journey. When not handled correctly, they can cause undue stress as your priority dates fall behind the expected cut-off dates.
Understanding what happens when green card retrogressions occur is imperative to effectively manage your expectations and plan your next course of action. Here’s what you can anticipate when the US Citizenship and Immigration Services (USCIS) implements visa retrogressions:
How priority dates change
Your priority date determines when you can get a visa. When your category’s priority date is listed as current, USCIS can process your visa application without any further waiting.
However, in certain cases, the demand for a specific visa category may exceed the number of visa allocations.
In that case, USCIS may implement retrogression to restrict the number of eligible applicants. When that happens, the priority date goes backwards. You must wait until your filing date or place in line to proceed with your application. It’s particularly common when the fiscal year draws to a close.
How USCIS processes retrogressed visa applications
Only those with priority dates before the established cut-off date will be qualified to proceed with visa processing. USCIS pauses the processing of retrogressed visa applications until visas are available for those priority dates. They will wait until your priority date is current before they can continue to process your application.
Key Strategies to Navigate Green Card Retrogressions Effectively
Your expected immigration timeline may take additional months because of green card retrogressions. The following are some strategies you can take to minimize its impact and navigate the delays effectively:
Regularly check the Visa Bulletin
Staying updated on changes in priority dates and visa availability is one key to dealing with green card retrogressions. The Visa Bulletin is a resource you can check for accurate updates on priority dates relevant to your category and country of origin. Regularly checking it can help you apply within the appropriate window and maintain your qualification for approval.
File your visa application promptly
Filing your application promptly will secure your place in the visa queue, especially during periods of high demand. To avoid delays caused by incomplete submissions, ensure you have gathered all necessary documentation and accurately completed all forms.
Be ready to submit new documentation
USCIS may require you to submit new documentation when your priority date becomes current after regression. Changes in your circumstances, such as employment or marital status, can impact your immigration application. Thus, keep your address current and documents up-to-date to ensure a smoother transition.
Discuss Your Immigration Needs With ALG Lawyers
Getting legal guidance is critical to ensuring compliance and preventing unnecessary delays in your green card application. ALG Lawyers, Immigration Lawyers, will carefully examine your application for accuracy and thoroughness.
Our experienced team can further guide you through the intricacies of retrogression, understand your immigration needs, and determine what steps to take next. Contact our firm today to set up an initial consultation and learn what assistance we can provide for your situation.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)