Last Updated on December 10, 2024
Overview
Our November 2021 Visa Bulletin post noted significant retrogression related to the EB-3 category occurred. Here are some questions and considerations for those impacted by a retrogression.
What is a Priority Date?
A priority date represents a foreign national’s place in line for the green card they are waiting to obtain. The priority date for employment-based cases usually corresponds with when the PERM labor certification was filed with the Department of Labor (DOL).
The U.S. State Department releases a Visa Bulletin every month. The State Department will use one of two charts for the current month’s Visa Bulletin. One chart is the “Final Action Dates” chart, which means that a number is available for applicants if their priority date comes before the cutoff date listed on the chart. The second chart that the State Department may use is the “Dates for Filing” chart. This chart indicates when the individual can apply for a visa. Applicants may file an adjustment of status application if their priority date precedes the filing date listed in the chart.
The priority date for employment-based cases that do not require a PERM certification is the I-140 filing date. More details about priority dates and the Visa Bulletin are available here.
What is Visa Retrogression?
Every month, the U.S. State Department Visa Bulletin reveals how priority dates move (or don’t move) for foreign nationals seeking to adjust from temporary status to permanent resident. Movement is dependent on various factors. The number of Adjustment of Status applications received by U.S. Citizenship and Immigration Services (USCIS) in the previous month and the allocation of the Congressional annual limit are both factors that could relate to this movement.
Foreign nationals with a priority date after the cut-off date listed on the Visa Bulletin will be “retrogressed.” This means the USCIS will hold the review of their pending Adjustment of Status application (if already filed) until their priority date becomes current.
How Does Retrogression Affect Me?
Suppose your priority date was previously current and an adjustment of status case is pending for you and your family. In that case, your I-485 adjustment of status application will be put on hold until your priority date becomes current. However, your Advance Parole and Employment Authorization Document (AP/EAD) combo card will be processed and can be renewed even while your case is retrogressed.
Individuals should note that Form I-140, Immigrant Petition for Alien Worker, is not impacted by retrogression. The form will continue to be adjudicated as usual even if an applicant is in retrogression.
Can I Travel Internationally If I’m Retrogressed?
If your AP/EAD combo card is pending and you exit the U.S., USCIS will likely consider the AP abandoned and, therefore, deny it. A common strategy is to pause international travel until after the approval of an AP/EAD combo card.
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Envoy is pleased to provide you this information, which was prepared in collaboration with Susannah Nichols, who is a Managing Attorney at Global Immigration Associates (GIA), one of the two independent U.S. law firms Envoy exclusively works with on the Envoy Platform (the “U.S. Law Firms”).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at one of the two U.S. Law Firms working with the Envoy Platform or another qualified professional. On non-U.S. immigration issues, consult an Envoy global immigration service provider or another qualified representative.
