If you have been waiting for a green card and suddenly noticed that your priority date – which was current last month – is no longer current this month, you have just experienced visa retrogression firsthand. Visa retrogression is one of the most disorienting and frustrating realities of the US employment-based immigration system, and it affects hundreds of thousands of applicants every year – particularly those born in high-demand countries like India and China.

Understanding what causes it, how it affects your green card timeline, and what your options are while you wait is not just useful – it is essential for anyone navigating the permanent residency process. Somireddy Law Group works with individuals and employers across the United States to manage the complexities of employment-based immigration, including the ongoing impact of visa retrogression on long-term green card strategy.

What Is Visa Retrogression?

Visa retrogression occurs when the demand for green cards in a specific immigrant visa category exceeds the number of visas remaining for that fiscal year, forcing the Department of State to move the cutoff date in the monthly Visa Bulletin backward to a prior date.

What Is a Priority Date in Immigration?

Before understanding retrogression fully, it helps to understand the priority date in immigration and the role it plays. Your priority date is the official date stamp assigned to your immigration case when the initial petition was filed – it marks your place in the queue for a visa number.

• For employment-based cases requiring PERM: The priority date is the date the Department of Labor accepted the labor certification application.
• For employment-based cases without PERM: Such as EB-1A or EB-2 NIW, the priority date is the date USCIS received the I-140 petition.
• For family-based cases: The priority date is the date USCIS received the Form I-130 petition.

Each month, the Department of State publishes the Visa Bulletin showing which priority dates are current – meaning a visa number is available, and the applicant can move forward with adjustment of status or consular processing. When retrogression occurs, that cutoff date moves backward, and applicants whose dates fall after the new cutoff must wait again.

What Causes Green Card Visa Retrogression?

The root cause of green card visa retrogression lies in a structural imbalance between demand and supply within the US immigration system. Congress set the annual cap on employment-based green cards at 140,000 in 1990 – a number that has never been updated despite decades of growth in the foreign-born skilled workforce.

• Per-country limits: No single country can use more than seven percent of the total annual employment-based visa supply, regardless of how many applicants are waiting from that country.
• Oversubscribed categories: When filing volume in a specific category surges late in the fiscal year, the Department of State pulls dates back to prevent issuing more visas than legally allowed.
• Spillover exhaustion: During 2021 and 2022, unused family-based visas were temporarily redirected to the employment-based pool, accelerating priority dates for India and China. As family-based processing returned to full capacity in 2025 and 2026, that additional supply disappeared – pulling dates back sharply.
• Fiscal year timing: The US immigration fiscal year runs from October 1 to September 30. Retrogression is most likely to occur in the final months of the fiscal year when annual visa numbers run thin.

The June 2026 Visa Bulletin delivered one of the sharpest retrogressions in recent memory – EB-2 India moved backward by more than ten months to September 1, 2013, while EB-1 India retrogressed by three and a half months to December 15, 2022. The Department of State also warned that further retrogression or category unavailability is possible before September 30, 2026.

What Are the Visa Retrogression Challenges Applicants Face?

Visa retrogression is not simply an inconvenience – it creates a set of concrete, practical visa retrogression challenges that affect both the applicant’s immigration status and their personal and professional life.

• H-1B extension dependency: Applicants stuck in retrogression rely on annual H-1B extensions to maintain valid work authorisation – a process that continues indefinitely until a visa number becomes available.
• Employment authorisation card (EAD) gaps: Applicants who filed I-485 during a current period but whose dates have since retrogressed may face EAD renewal delays that affect their ability to work.
• Travel restrictions: Advance parole documents for pending I-485 applicants must be carefully managed – travelling without valid advance parole can result in abandonment of the pending application.
• Family members in limbo: Dependent spouses and children listed on a pending application are equally affected by retrogression – their EADs, travel documents, and work authorisation all depend on the primary applicant’s status.
• Consular processing delays: For applicants abroad, retrogression means the National Visa Center cannot schedule a consular interview until the priority date is current again – creating consular processing delays that can stretch for months or years with no fixed timeline.

Somireddy Law Group assists clients in managing every aspect of these ongoing status challenges – from H-1B extensions and EAD renewals to travel authorisation and dependent status – ensuring that no lapse occurs while the wait for a visa number continues.

What Can You Do While Waiting for Your Priority Date?

Retrogression requires patience, but it does not require passivity. There are strategic steps applicants can take during the waiting period to protect their status and strengthen their position.

• Monitor the Visa Bulletin monthly: Priority dates can advance, sometimes significantly, at the start of a new fiscal year in October. Being prepared to file immediately when a date becomes current can make a material difference.
• File I-485 during filing date windows: Even when the Final Action Date has retrogressed, the Dates for Filing chart may still allow applicants to submit the I-485. This locks in a filing date, allows EAD and advance parole applications, and protects against future priority date changes.
• Consider cross-chargeability: Applicants married to a spouse born in a less-backlogged country may be able to use the spouse’s country of birth for visa chargeability purposes, potentially bypassing per-country queue restrictions.
• Explore category upgrades: Some EB-3 applicants may qualify to upgrade their petition to EB-2, or pursue EB-1A extraordinary ability – categories with shorter backlogs for certain countries.
• Maintain valid nonimmigrant status: Never allow your underlying nonimmigrant status to lapse while waiting – whether H-1B, L-1, or O-1, maintaining valid status is non-negotiable throughout the green card process.

Somireddy Law Group reviews each client’s situation individually, identifying the options available based on their specific priority date, country of birth, and employment category, so that retrogression is managed strategically rather than endured passively.

Why Choose Somireddy Law Group for Green Card Retrogression Challenges?

Visa retrogression is not a problem that resolves itself; it requires consistent legal attention, timely filing decisions, and a deep understanding of how the Visa Bulletin moves month to month. The immigration team at Somireddy Law Group has handled employment-based green card cases across the full EB spectrum – EB-1, EB-2, EB-3, PERM, and NIW – for clients across the United States since 2017.

When retrogression hits, having the top immigration lawyers in the USA in your corner means the difference between a status gap and a seamlessly managed wait. Somireddy Law Group ensures every filing window is captured, every document is in order, and every available strategic option is evaluated before time or opportunity is lost.

Retrogression is a setback – not a dead end. Reach out to Somireddy Law Group Today and let an experienced immigration team keep your green card journey moving forward.

FAQs

1. What is visa retrogression in simple terms?

Visa retrogression is when a green card cutoff date moves backward, making previously eligible applicants ineligible until the dates advance again.

2. Who is most affected by visa retrogression?

Indian and Chinese nationals in EB-2 and EB-3 employment categories face the longest and most severe retrogression due to per-country limits.

3. Can I still work in the US during visa retrogression?

Yes, provided your underlying nonimmigrant status – such as H-1B – remains valid and is extended appropriately throughout the waiting period.

4. Can Somireddy Law Group help manage my status during retrogression?

Yes, Somireddy Law Group assists with H-1B extensions, EAD renewals, advance parole, and green card filing strategy throughout the retrogression period.

5. What is a priority date in immigration?

A priority date is the date your initial petition was filed – it marks your place in the queue and determines when you can receive a green card.