EB-3 retrogression is the phenomenon where the cutoff date in the visa bulletin moves backward, causing cases that seemed to have reached their turn to have to wait again. This is a situation that causes worry for those waiting to immigrate. This article explains why EB-3 retrogression happens and how you should respond.
Retrogression EB-3 là gì
Normally, the cutoff date in the visa bulletin gradually advances toward the present over time. Retrogression is when this date is pulled backward, meaning cases now need an earlier priority date to be processed.
The result is that an applicant who was once “current” may return to waiting status. This is not a fault in the case but a regulatory mechanism of the quota system.
Why Retrogression Happens
The main cause is a rapid increase in visa demand and usage approaching the annual limit. When that happens, the authority is forced to move the cutoff date backward to keep issuances within the allowed quota.
This typically happens near the end of the fiscal year, when visa numbers are close to running out. In the new fiscal year, the cutoff date usually advances again once the quota is renewed.
How You Should Respond
When signs of upcoming retrogression appear, applicants in the United States who are eligible to file for adjustment of status are generally advised to file early to preserve their eligibility.
Quý khách nên theo dõi sát monthly Visa Bulletin since bulletins often give advance warning of potential retrogression. Consulting a lawyer helps determine the optimal filing time for your case.
Summary
EB-3 retrogression is when the cutoff priority date moves backward due to demand exceeding the quota, typically near the end of the fiscal year. A case that once reached its turn may have to wait again. You should monitor the visa bulletin so you can file in time when a retrogression warning appears.
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References
- U.S. Department of State — The Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
- USCIS — Visa Availability and Priority Dates: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates
Read more: Overview of the EB-3 visa for US immigration · EB-3 Waiver: When an Inadmissibility Ground Can Be Waived
