Learn how to handle retrogression and visa bulletin backlogs. Get expert strategies for managing delays, protecting your status, and staying current with USCIS updates.
You check your priority date, all seems fine, and then the next month it slips backward. That is retrogression in action. Retrogression happens when more people are waiting for visas in a category or from a country than there are visas available that month.
Every month the Visa Bulletin is published by the U.S. Department of State and shows the dates when visa numbers are available for each category and country.
When your priority date is earlier than the date listed you may move forward. If that date moves backward you must wait longer.
Imagine waiting in line at the ice cream shop. One day you are about to order and the next day they tell you to go backyou go back to the end of the line. That is how retrogression can feel. But the system has rules and we can work with them.
Beyond Border can help you stay up-to-date with the visa bulletin and build a strategy to ride out backlogs. Book a consultation today.
There are several structural reasons why the visa bulletin retrogression happens.
First, the law caps the number of visas. The Employment-Based categories are limited to at least 140,000 per year worldwide and each country is subject to a 7 % limit of those numbers.
Second, if a large number of applicants from a country or in a visa class file, the demand exceeds supply and the cut-off dates can move backward.
Third, toward the end of a fiscal year (which ends on September 30) the backlog often grows and the system may decide to push dates backward to stay within caps.
For example, one recent bulletin showed the EB-2 cut-off for many countries retrogressed from October 15 2023 to September 1 2023 because demand was high.
Ogletree
When you know what causes these delays you can plan better.
To understand your options you must know how the charts work in the bulletin. The key page from the U.S. Citizenship and Immigration Services explains a lot.
There are two main charts each month:
Final Action Dates: This shows when green cards can actually be approved.
Dates for Filing: This shows when you can submit your application even if final approval is not yet possible.
Employees hold when your priority date is “current” under one of these charts. If you meet the date you can act. If you don’t you must wait.
It matters which chart USCIS allows you to use. In some months the Dates for Filing chart is approved. In others you must use the Final Action Dates.
USCIS
Your priority date is generally the date when your petition or labour certification was filed with USCIS or the Department of Labour.
\Let us illustrate: Suppose you are in the EB-3 category and from India with a priority date of May 2014. The charts show for your country the cut-off date is March 2013. You cannot file yet. If next month they move to April 2014 you may move ahead. If instead they move backward to February 2013 that is retrogression and you must wait even longer.
When you face a backwards move you are not alone. Many applicants from India, China, Mexico and the Philippines are feeling the pinch. These are the most impacted countries because of the high volume of applicants.
Beyond Border can check your category and country, compare your priority date with the current bulletin chart and tell you when you can file or what alternatives you should consider. Learn more now.
When the visa bulletin backs up you face real, practical issues.
Work authorization may be in limbo. If you are relying on an H-1B and count on the green card, retrogression forces you into extensions, job restrictions or risk of losing status.
Family issues surface too. Children risk “aging-out” when they turn 21 before their parent’s priority date becomes current. The Child Status Protection Act helps in some cases but the risk remains when backlogs stretch for years.
Your career might stall. Switching employers becomes harder on certain statuses. Starting your own venture may be delayed. You find yourself waiting rather than moving.
Financial worries grow. You pay legal fees, you keep renewing visas, you delay buying a home or changing jobs — all because the green card process is stuck waiting for a date.
In short, a retrogression is more than an annoyance. It can impact your life deeply. Recognising that early gives you a better chance to work around it.
Let us talk about proactive steps you can take when you are facing or may face retrogression.
Monitor the bulletin monthly. Set a calendar reminder. Review both Final Action Dates and Dates for Filing charts each month. Patterns may emerge and help you anticipate changes.
File immediately when current. If your date becomes eligible, file right away. Many windows close fast. Timing matters.
Keep your non-immigrant status valid. Whether you are on H-1B, L-1 or another visa, make sure you stay in valid status. Once your status lapses your green card path can get riskier.
Explore alternate categories. If you are employment-based and in a long queue you might also qualify for a higher preference category like EB-1 or special programs. Filing multiple pathways can give you optionality.
Recapture time or extend your status. For H-1B or L-1 visa holders you may be eligible to extend beyond the usual limits if your green card petition is pending or approved. That buys you peace of mind during backlogs.
Stay ready with documents. Your case may be approved quickly once dates move. You do not want to scramble. Keep your documents updated, address current, medical exam valid, job letters fresh.
Beyond Border offers monthly case reviews for clients stuck in long backlogs. We monitor bulletins, track your priority date, send alerts when your category moves, and help you act fast.
While you wait you can also explore other routes. Let us look at a few.
Dual-track filing. If you qualify for two different employment-based categories you can file both. For example, an EB-2 PERM and a different EB-1 alternative. You then move forward on whichever clearance comes first.
Porting priority dates. If you changed jobs or categories you may preserve your original priority date. That means years of waiting may not be lost.
Switch visa type. If your employment-based queue is too long, maybe your spouse qualifies under a different visa type or you could file under a family-based path if eligible.
Stay dynamic. The immigration system is rarely static. What is impossible today may become possible tomorrow. Be ready.
If you’d like a full assessment of alternative pathways we at Beyond Border can map them out for you.
