Decoding Visa Retrogression: How Does it Impact Your Green Card Application?
Are you unsure about which green card option has the shortest wait times for India? If so, you are in the right place.
In this blog, we will delve into visa retrogressions and how they affect pending I-485 applications. We will also uncover which green card category cutoff dates move faster in the monthly visa bulletins for India. Let’s get started.
Visa Retrogression
The demand for immigrant visa numbers varies each month, causing the cut-off dates to retrogress or resulting in slow or no movement.
Visa retrogression refers to a situation where the cut-off dates for a particular green card category or country of origin move backward rather than forward. This leads to an increase in wait times for green card applications.
Visa retrogression occurs when the number of applicants exceeds the availability of immigrant visas for a particular green card category or country of origin in a given month. This phenomenon is typically observed toward the end of the fiscal year when visa numbers approach the numerical limit or per-country cap for that fiscal year.
With the start of the new fiscal year on October 1, there will be a fresh supply of immigrant visas. Thus, the cut-off dates may move backward but generally retain their original point, although this is not guaranteed every time.
How Can you Determine If Your Submitted I-485 Application is Experiencing Retrogression?
You filled out your I-485 application with USCIS during a month when the final action date matched or was earlier than the priority date for your preference category. However, sometimes, due to retrogression, the cutoff dates for your green card category and country of origin may be pushed back in the following month. In such instances, retrogression impacts the processing of your pending I-485 application.
Therefore, stay updated on monthly visa bulletins to determine the green card wait times. Visa bulletins also helps you to find out whether any retrogression has occurred in your green card category and country of origin.
USCIS Processing of Retrogressed Visas
During the adjudication of your I-485 application, if your priority date does not match or precede the cutoff date, USCIS places your case on hold until an immigrant visa becomes available for you.
Therefore, the final processing of your case occurs only when the immigrant visa becomes available for your category and country of origin in the current monthly visa bulletin.
Are EB1 Cutoff Dates Retrogressed?
In the August 2023 visa bulletin, the EB1 cutoff dates for India shifted back from February 1, 2022, to January 1, 2012. This EB1 visa retrogression caused concern, but USCIS reassured that by the October 2023 visa bulletin, the cutoff dates would at least return to the levels of July 2023.
By October 2023, the EB1 cutoff dates for India indeed showed positive movement, staying at January 1, 2017. Following that, in the recent May 2024 visa bulletin(at the time of writing the blog), the EB1 cutoff dates reverted to March 1, 2021.
Additionally, let’s compare the 2024 monthly Visa Bulletins from January to May to understand which Green Card category’s final action dates move faster for India.
If we look back at the January visa bulletin 2024, the EB1 category’s final action date for India saw an advance of 3.8 years, and in the April visa 2024 bulletin, it advanced by 5 months.
When comparing the EB2 and EB3 categories for India, it is noted that the EB2 final action date experienced its maximum movement, reaching an increase of only 2 months between the January and May 2024 visa bulletins. Similarly, the EB3 final action date had its highest movement during the same timeframe, but it was only 1 month.
Therefore, EB1 retrogression appears temporary, with its cutoff dates moving faster than EB2 and EB3 categories in the monthly visa bulletins.
Conclusion
The EB1A green card allows you to petition for yourself without needing labor certification or employer sponsorship. When analyzing the monthly visa bulletins, it’s clear that EB1A cutoff dates advance more rapidly than those of EB2 and EB3 categories.
I hope this blog has helped you understand visa retrogressions better. Knowing the facts will help you pick the fastest route to US permanent residency, especially for Indians.
If you work in tech field, your expertise in an certain area can be utilized to create an EB1A profile. If you are seeking EB1A assistance and guidance, consider exploring the Smart Green Card VIP plan.
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