May 2, 2024

What is the Difference Between a Visa Backlog and Retrogression?

Under U.S. immigration law there are several types of immigrant visas. We can generally break these into family based immigrant visas and employment and investment based immigrant visas.

Under the family based immigrant visas, there are two subcategories. Immigrant visas for immediate relatives of U.S. citizens (spouses, parents and unmarried children), and the Family-Based Preference categories (often abbreviated “FB”), which are generally other classes of relatives for U.S. citizen and lawful permanent resident sponsors. Immigrant visas for employment and investment are referred to as Employment-Based Preference categories (often abbreviated “EB”).

We have discussed the Department of State (“DOS”) Visa Bulletin in previous articles here.

When there is a higher demand for immigrant visas in a FB or EB category than the number of visas available for that category each year, the category is “oversubscribed”, leading to a backlog of that visa type. When the demand for visas in a category exceeds the supply of visas available, DOS will set a Final Action Date based on the visa applicant’s Priority Date. An applicant’s place in line for an oversubscribed visa is based on the date a petition for them is filed with the United States Immigrant and Citizenships Services (“USCIS”) and is called the Priority Date. The DOS updates the Priority Dates monthly and publishes them in the Visa Bulletin. The USCIS also uses the Visa Bulletin for applicants who are eligible to adjust their status in the United States. The applicant must wait for their Priority Date to reach the Final Action Date before a visa is available to them.

Retrogression occurs when DOS moves the Final Action Date backwards because its estimate of demand in previous months was incorrect. Those visa applications filed before the change in Final Action Date are “retrogressed” and DOS, and USCIS for adjustment of status applicants, will hold the visa application in abeyance and not adjudicate it until a visa becomes available in the future.

The Visa Bulletin can be confusing to understand and difficult to use to try to predict when a visa will become available in any visa category. If you have any questions about it and about retrogression, contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

146C7 Nguyen Van Huong St, Thao Dien Ward,
District 2, Thu Duc City
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ
YouTube: @EnterlineAndPartnersConsulting
Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor

6801 Ayala Avenue

Makati City, Philippines 1226

Tel: +63 917 543 7926
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2024. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

Categories: Immigrant Visa, Non-immigrant Visa

Tags: backlog, retrogression, Visa Bulletin

Can My Fiance Work in the U.S. After Arriving on a K-1 Visa?

What is the Four Month Validity Period of an Approved I-129F Petition for a K-1 Visa?

What is Advance Parole and How is it Different from a Re-Entry Permit?

What is a Form I-212 Following Deportation From the United States?

our services

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Federal Lawsuit Filed Immediately Following Trump’s Executive Order Ending Birthright Citizenship

Less than 2 hours after President Donald J. Trump signed an Executive Order (“EO”) attempting to end birthright citizenship, immigrant advocates started to file lawsuits in Federal Court attempting to block Trump’s Executive Order. The first lawsuit was filed in the U.S. Federal District Court of New Hampshire on behalf of a group representing Indonesian migrants in the State. It was signed by a total of twenty-six (26) attorneys representing the American Civil Liberties Union, State Democracy Defends Fund, the NAACP Legal Defense & Educational Endowment Fund, League of United Latin American Citizens and Make the Road New York as plaintiffs. Following New Hampshire, more than two dozen additional lawsuits were filed against the EO in Federal District Courts contending that the EO violates the U.S. Constitution’s 14th Amendment, U.S. Supreme Court precedent since 1898 (United States v. Wong Kim Ark), as well as federal law which has been practiced

Can My Fiance Work in the U.S. After Arriving on a K-1 Visa?

One your fiance arrives in the United States on a K-1 visa and you are married within ninety (90) days upon arrival, you and your fiance will need to file for adjustment of status with the United States Citizenship and Immigration Services (“USCIS”) in order to convert the K-1 fiance nonimmigrant visa status to lawful permanent resident status. As part of the adjustment process, applicants have the option of filing a Form I-131, Application for Travel Documents, Parole Documents, and Arrival/ Departure Records with their Form I-485, Application to Register Permanent Residence or Adjust Status. Approval of the Form I-131 will result in Advance Parole allowing for international travel while waiting for USCIS to approve the Form I-485. Applicants also have the option to file a Form I-765, Application for Employment Authorization (“EAD”) while USCIS adjudicates the adjustment application. Once the EAD is approved, they will have valid status and

What is the Four Month Validity Period of an Approved I-129F Petition for a K-1 Visa?

Once the United States Citizenship and Immigration Services (“USCIS”) approves an I-129F Petition for Alien Fiancé, the foreign fiancé typically has four (4) months to apply for a K-1 fiancé visa at a U.S. Embassy or Consulate. However, due to the time that it takes for an approved petition to be sent and received by the National Visa Center and then forwarded to the foreign fiancé’s embassy or consulate where he/she will undergo a visa interview, petition revalidation is possible. While the interviewing consular officer will often automatically revalidate an expired petition, demonstrating ongoing intent that the U.S. citizen and foreign fiancé intend to marry within ninety (90) days upon the foreign fiancé’s arrival in the United States may be requested. The rationale behind requesting updated documentation showing continued marital intent is to ensure that the couple’s bona-fide relationship remains current and genuine. It further helps to reduce prolonged processing

What is the Difference Between a Visa Backlog and Retrogression?

CATEGORY

Over 18,000 successful customers with Enterline &Partners, realizing the dream of immigration

Latest News

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration