Visa retrogression is a term that often confuses applicants and significantly impacts immigration timelines, particularly for those applying for employment-based or family-sponsored visas. In simple terms, visa retrogression occurs when the demand for visas in a certain category or from a specific country exceeds the supply of visas available in that fiscal year. This can lead to delays and longer waiting times for visa applicants.
What is Visa Retrogression?
Visa retrogression occurs when the U.S. Department of State moves the priority date of visa categories backward due to high demand. The priority date is the date when your petition (such as an employment-based or family-sponsored petition) was filed. If your priority date is “current,” it means your visa can be processed. However, if there is retrogression, it means your priority date is no longer current, and you must wait longer before your visa can be processed.
Why Does Visa Retrogression Happen?
Every fiscal year, a certain number of visas are allocated to each visa category (family-based and employment-based) as well as each country. However, the demand for visas sometimes exceeds the number of visas available. This typically happens with high-demand countries like India, China, Mexico, and the Philippines.
How Visa Retrogression Affects Your Application
When visa retrogression happens, it essentially means that the waiting time for your visa will increase. For example, if you were eligible for an employment-based visa and your priority date was current in the previous month’s Visa Bulletin, but retrogression occurs, you might have to wait months or even years until your priority date becomes current again.
Key Visa Categories Affected by Retrogression
- EB-2 and EB-3 (Employment-Based Second and Third Preference): These categories are often impacted by retrogression, especially for applicants from India and China, where there is high demand for visas.
- Family-Sponsored Visas (F2A, F3, and F4 categories): Certain family-based categories can also face retrogression, especially for applicants from countries with a large number of applicants.
Can Retrogression Be Avoided?
Unfortunately, visa retrogression is often unavoidable, especially for applicants from high-demand countries. However, there are a few ways to potentially speed up the process or mitigate its impact:
- Upgrading to EB-1 (First Preference Employment-Based Visa): If you qualify, upgrading from EB-2 or EB-3 to EB-1 can shorten your waiting time significantly, as EB-1 applicants face fewer retrogression issues.
- Cross-Chargeability: If your spouse was born in a different country with less visa demand, you may be able to use their country of birth for your application. This can reduce your waiting time.
Monitoring the Visa Bulletin
One of the best ways to stay informed about visa retrogression is by monitoring the monthly Visa Bulletin published by the U.S. Department of State. The bulletin shows which priority dates are currently being processed for each visa category. By keeping an eye on the bulletin, you can track when your priority date becomes current or if retrogression occurs.
Conclusion
Visa retrogression can be a frustrating part of the immigration process, but understanding how it works and how to monitor it can help you manage your expectations. If retrogression affects your case, patience and preparedness are key. Stay updated by checking the Visa Bulletin, and consult an immigration lawyer if you need assistance navigating the process.