VISA RETROGRESSION OVERVIEW
In order to file form I-485, Application for Adjustment of Status or in order to receive an Immigrant Visa, a visa must be “available” to the applicant. Under current immigration laws, a limited number of visas are issued each year to immigrant workers (140,000) and to immigrant family members (226,000).
Employment –Based Preferences
For immigrant workers, visas are allocated in preference categories based on education, experience, and perceived importance to the national interest (among other things). Each country can only claim a certain number of visas within each preference category. The breakdown of allocated visas is as follows:
EB-1 Priority Workers 28.6% of visas available, plus any unused in the fourth or fifth preference category.
EB-2 Advanced Degree or 28.6% of visas available, plus any unused in the first Exceptional Ability preference category.
EB-3 Skilled workers, 28.6% of visas available, plus any unused in the first or Professionals, and second preference category, not more than 10,000 of which
“Other Workers” can be used by skilled workers. “Schedule A” workers are entitled to up to 50,000 “recaptured” visas
EB-4 Special Immigrants 7.1% of visas available,
EB-5 Employment 7.1% of visas available, not less than 3,000 of which are reserved for rural or high-unemployment areas. 3,000 are set aside for “regional centers.”
FAMILY-SPONSORED PREFERENCES
For immigrant family members, visas are allocated depending on relationship which exists between the two family members, the immigration status of the petitioner and the marital status and age of the beneficiary.
First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.
Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.
What is “Visa Retrogression”?
Due to high demand, more people are looking to apply for permanent residence in the United States than there are visas available. This has led to what is known as “visa retrogression.” Under this circumstance, individuals cannot apply for permanent residence or an immigrant visa until their priority date becomes “current.” That means that there is a visa available to them at the time of filing their application.
How is a Priority Date Established?
A person establishes their priority date in one of three ways: filing an I-130 Immigrant Petition, filing an I-140 Immigrant Petition or filing an Application for Labor Certification.
How do I Determine if my Priority Date is Current?
Every month the Department of State published a document called the Visa Bulletin. You can refer to the Visa Bulletin to determine which priority dates are current in both the Employment and Family Based Categories. You can find the current Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
What are the Implications?
The effects on a foreign national’s immigration status are great. Individuals can experience long waits for their visa number to become current. For those individuals who do not have a visa to remain in the United States, or who are outside who are waiting to apply for permanent residence, visa retrogression means that you may wait for a very long time (perhaps a number of years) before you can make an application to enter the U.S. as a permanent resident. For those inside the U.S., you may need to have an underlying valid immigration status to wait in the U.S. until you can file your application for permanent residence.
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
