Advanced Analysis

Retrogression: Why Did My Current Date Move Backward?

The nightmare scenario: You were 'Current', but now the Visa Bulletin says you have to wait 5 more years. What happened?

VB
Visa Bulletin Team

The Hard Truth

  • Retrogression means the cutoff date moved backward to an earlier date.
  • It happens when demand exceeds the annual supply of visas.
  • USCIS does this to stop the flood of new applications.
  • It is usually temporary, but recovery can take years.

How It Happens

Imagine a nightclub with a capacity of 100 people. The bouncer lets people in based on their ticket number. Suddenly, he realizes he let in 120 people because 20 VIPs showed up unexpectedly.

He has to stop letting anyone new in, and practically "un-invite" people who were next in line until the crowd thins out. In immigration terms, the Department of State realizes they issued too many Green Cards too fast, so they push the date back to stop the inflow.

January Bulletin01JAN22
February Bulletin01JAN18
The Impact
If your Priority Date is 01-Jan-2020:
  • In Jan: You were Current. You could file.
  • In Feb: You are now roughly 2 years behind the new cutoff (2018). You are no longer Current.

What If My I-485 Is Already Pending?

If you filed your I-485 when you were current, but then dates retrogressed while you were waiting, do not panic.

1

Application Received

Your application was successfully accepted by USCIS. It is NOT rejected because of retrogression.

2

Pending / Held in Abeyance

USCIS freezes the final adjudication. They basically put your file on a shelf.

Silver Lining
Your ancillary benefits—EAD (Work Permit) and AP (Travel Doc)—remain valid and can be renewed indefinitely while you wait! You can still live and work freely.
3

Future Recovery

When the dates eventually move forward again and cover your Priority Date, USCIS pulls your file off the shelf and finishes processing.

Disclaimer: The information provided in this article is for educational purposes only and does not constitute legal advice. Immigration laws are complex and subject to change. Always consult with a qualified immigration attorney for your specific case.