Adjustment of Status and Visa Retrogression
Cut-off date movement in most categories continues to be greater than might ordinarily be expected. This is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad. Additionally, the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely. However, it is not possible to say at present how soon they will end.
Visa Bulletin Retrogression: A Constant Possibility for Applicants
The path to U.S. permanent residency (a Green Card) is often governed by the monthly Visa Bulletin, a document published by the Department of State (DOS) that dictates visa availability. While applicants hope to see their priority date move forward, a frequent and frustrating reality is visa retrogression. This occurs when the published cut-off date moves backward instead of advancing. It signifies a sudden shortage of available visas for a particular category or country, causing immediate and sometimes prolonged delays.
The Mechanism Behind the Delays
Retrogression is a direct consequence of the legal limits Congress imposes on the total number of immigrant visas issued each fiscal year, both for family-sponsored and employment-based categories. Additionally, a strict per-country limit restricts any single country from utilizing more than 7% of the total visas available annually.
When the demand for visas from a specific preference category (e.g., EB-2 professionals) or a high-volume country (such as India, China, Mexico, or the Philippines) exceeds the remaining annual allotment, the DOS must temporarily halt processing. They do this by rolling the cut-off date backward, ensuring that no more visas are issued than legally permitted.
The Immediate Impact on Applicants
Retrogression has severe practical consequences for applicants:
- Halted Processing: If an applicant’s priority date was previously current but then retrogresses, USCIS or the Consulate must immediately put the case on hold, or “hold in abeyance.” No final adjudication or visa interview can take place until the date advances again.
- Filing Ineligibility: For those who have not yet filed Form I-485 (Adjustment of Status), retrogression may close the window for filing. This forces them to wait, regardless of their readiness.
- Uncertainty: Retrogression creates profound uncertainty. It makes it nearly impossible for families and employers to predict timelines, renew nonimmigrant status, or make long-term professional plans.
Applicants must constantly monitor the monthly Visa Bulletin. They must also maintain valid nonimmigrant status (like H-1B or L-1) to avoid falling out of legal status while their Green Card case awaits the next favorable movement.