Learn how to handle visa retrogression and bulletin delays effectively. Discover what retrogression means, when visa bulletins release, and proven strategies for India applicants facing backlogs.
You checked the visa bulletin last month. Your priority date was current. You started preparing documents.Then this month arrives. Your date is no longer current.What happened?Visa retrogression occurs when more people apply for a visa in a particular category or country than there are visas available for that month USCIS. The dates move backward instead of forward.This frustrates thousands of applicants every year. One month you're ready to file. The next month you're waiting again.Retrogression happens when the priority date for a visa category moves backward instead of forward, creating delays when fewer visa numbers are available than initially expected RJ Immigration Law.Welcome to the reality of the US immigration system. Numbers are limited. Demand is high. Dates fluctuate.Confused about visa retrogression and how it affects your case? Book a consultation with Beyond Border and we'll explain your specific situation and timeline.
Think of visa retrogression like a line at a popular restaurant.People get a priority date which is essentially a spot in line Envoy Global, Inc. Your priority date is when your petition was filed or when your PERM labor certification was accepted.The government publishes a visa bulletin each month. This bulletin lists cutoff dates. Applicants who have a priority date earlier than the cutoff date published in the most current visa bulletin are eligible to apply for permanent residence USCIS.Usually cutoff dates move forward. More people get called. The line advances.But sometimes demand spikes. Such fluctuations can cause cutoff date movement to slow, stop, or even retrogress USCIS. The restaurant gets overwhelmed. The line actually moves backward.Your spot that was called last month? Not called this month.
Congress sets limits on the number of immigrant visas that can be issued each year by USCIS. Each year employment based categories have a minimum of 140,000 green cards Envoy Global, Inc.That sounds like a lot. It's not enough.No more than 7 percent of total visas can be allocated to any single country or firm. This per country cap hits India, China, and the Philippines especially hard.Retrogression typically occurs toward the end of the fiscal year as visa issuance approaches the annual category or per country limitations USCIS.Sometimes USCIS processes cases faster than expected. More people become eligible. Demand shoots up. The government pulls dates back to stay within limits.
Planning matters in immigration. You need to know when information updates.The Department of State's monthly visa bulletin usually comes out in the middle of the month before Envoy Global, Inc it takes effect.For example, the November visa bulletin typically publishes around mid October. The December bulletin comes out around mid November.The bulletin appears on the State Department's travel website. USCIS then announces within about a week which chart applicants should use for filing.The visa bulletin uses two charts, the final action date chart and the date for filing chart, with the State Department using the final action date chart to issue green cards Envoy Global, Inc.
Set monthly reminders. Check both the State Department and USCIS websites. Don't miss your window when dates move forward.When the new fiscal year begins on October 1, a new supply of visas is made available and usually but not always returns the dates to where they were before retrogression USCIS.October brings hope. Fresh allocations arrive. Dates often jump forward significantly.But not always. Recent years have shown continued backlogs even at fiscal year start.
Indian applicants face the toughest waits.Foreign nationals born in India are facing more than 12 years of retrogression in some employment based categories Garfinkelimmigration. That's not a typo. Twelve years.If an Indian born national starts the green card process today, it is forecasted to be a 12 year wait in certain categories based on October 2024 bulletin predictions.Why so long?India sends massive numbers of skilled workers to America. Software engineers, doctors, researchers, executives. They all need green cards.But the 7 percent per country cap doesn't care about demand. Countries like India, China, and the Philippines where demand is high often hit their caps quickly Jkrfirm.
Make it a habit to regularly check the visa bulletin on the US Department of State's website, review both the final action dates and dates for filing charts, and set monthly calendar reminders for when new bulletins are released Jkrfirm.Don't rely on your attorney to tell you. Check yourself. Know your numbers.Watch the trends in your category to spot potential visa retrogression delays before they happen.Patterns emerge. If dates barely moved for three months, retrogression might be coming. Prepare mentally and logistically.
Maybe you qualify for multiple visa types.USCIS permits multiple filings, and for many high skilled applicants the dual track strategy offers real advantages both in terms of coverage if one path stalls and speed if the EB-1A moves faster as it often does Manifest Law.
EB-2 stuck for years? Consider EB-1A if you have extraordinary ability. The EB-1 preference category is still current for all countries of chargeability other than China and India each of which faces a two to two and a half year wait respectively Garfinkelimmigration.Two years beats twelve years.Employees on H-1B and L-1 status could travel internationally as much as possible to recapture time spent abroad and extend their status using that calculated time Garfinkelimmigration.Every strategy helps when you're facing long waits.Not sure which visa categories you qualify for? Beyond Border can assess your credentials and identify all possible pathways to permanent residence.
It is not uncommon for an employee to progress in their career during the green card process especially when factoring in the wait for certain nationalities and preference categories that are most impacted by retrogression Garfinkelimmigration.You might get promoted. Or want to switch companies.After your I-485 spends for 180 days, you can port to similar jobs under AC21. But timing matters.Another strategy for employers to avoid costs during a job change is to wait to initiate the new PERM process when the employee's previously attained priority date is closer to being current Garfinkelimmigration.Plan job moves strategically around visa bulletin predictions.
Companies worry too.As a result of retrogression employers are fearing lapses in work authorization and other disruptions to their workforce Garfinkelimmigration.Will they still need your role in five years? Will you still be there?Employers view retrogression differently than employees, as employers will look at how long retrogression is going to take and wonder if they will still need that position several years later while employees must wonder if their employer will wait years for a green card Envoy Global, Inc.Communication helps. Discuss expectations openly.Employers struggling with retrogression delays? Beyond Border offers corporate immigration strategies to maintain your talented workforce during long green card waits.
The visa bulletin contains two separate charts. They serve different purposes.The visa bulletin uses two charts, the final action date chart and the date for filing chart Envoy Global, Inc.Final action dates show when USCIS or embassies can actually approve cases and issue green cards. This is the chart that matters for final approval.Dates for filing show when you can submit your I-485 adjustment application or start consular processing paperwork, even though final approval will come later.Each month USCIS announces which chart applies for adjustment of status filings. Sometimes they allow the dates for filing charts. Sometimes they require final action dates only.This creates confusion. Check the USCIS website announcement, not just the State Department bulletin.When dates for filing open up but final action dates don't, you can file I-485 early. You get work permits and travel documents sooner even though final approval waits.
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