Visa Bulletin Regression!

Angelica Rice • Apr 06, 2023

Regression for categories EB-2 and F2A

What is the Visa Bulletin and How does it Work?


The Visa Bulletin are the charts that USCIS and the State Department use to summarize the availability of Immigrant Visa numbers and Green Card numbers available for issuance at any given time.


There are multiple charts that the visa bulletin encompasses.


There are charts for family-based cases and there are charts for employment-based cases.


Within each of these chart categories, there is a “Final Action Dates” chart (the dates when a visa is available and can be issued in your case) and a “Filing Dates” chart (the chart used to determine when you can file documents for your case).


When seeking to file an Adjustment of Status application with USCIS, Applicants are to use the “Final Action Dates” charts, to determine when these applications can be filed. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.


The listing of a specific date for any class/category indicates that the class is oversubscribed (a.k.a. over saturated with Applicants).


If the class is listed as “C”, this means that immigrant visas or green cards are able to be issued for all qualified Applicants and there are no current restrictions on issuance.

If the class is listed as “U”, this means unauthorized, a.k.a. visa and green card numbers are NOT authorized for issuance.


The charts are to be read as follows: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed.*


*If the class is listed as “C” (current), then numbers are authorized for issued for Applicant’s with any priority date. 


What is Retrogression and Why do I Care?


When too many Applicants have applied for a visa or green card under a particular chart class/category and numbers are not available for issuance, the visa bulletin dates will regress, meaning that a specific date will be listed for the class/category and the class will no longer be current.


This is important to know and keep track of, because if an Applicant’s case has a priority date that is AFTER the final action date listed, an immigrant visa or green card will not be able to be issued for them immediately, and they will have to wait for either the class/category to become current again, or for the specific date listed to move up and include their priority date.


This situation is happening now, for the visa classes/categories described below:


  • F2A Retrogression for “All Chargeability Areas Except Those Listed”

    F2A is the family-based preference category for spouses and children of permanent residents. This visa category (under this particular column) has been current for years, but as of April 2023, the final action date for this category (in this column) has regressed. 

Currently the Final Action Date for this class/category in the All Chargeability Areas Except Those Listed column is September 8, 2020. This means that if the priority date listed on your I-130 Receipt Notice is AFTER September 8, 2020, immigration authorities will NOT be able to issue you an Immigrant Visa or green card at this time and you will need to wait for the category to become current again or wait for the listed date to move up to include your priority date.


We have no way to predict when the date for this column and category will come back current again. The visa bulletin is updated each month and needs to be checked on a monthly basis to ascertain the current dates for any visa category.


On the other hand, the Dates for Filing chart shows that the listed date for this column and this category remains current (“C”), therefore Applicants can still continue to file Applications for this category and those applications will be accepted for processing, but a visa or green card is not immediately available and they will need to wait for the Final Action date to become current or include their priority date, for the visa or card to be issued.

  • EB-2 Retrogression

    EB-2 is the employment-based preference category for Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability. This visa category (under this particular column) has been current for years, but as of November 2022, the final action date for this category (in this column) has regressed and as of April 2023, has regressed even further. 

Currently the Final Action Date for this class/category in the All Chargeability Areas Except Those Listed column is July 1, 2022. This means that if the priority date listed on your I-140 Receipt Notice is AFTER July 1, 2022, immigration authorities will NOT be able to issue you an Immigrant Visa or green card at this time and you will need to wait for the category to become current again or wait for the listed date to move up to include your priority date.


We have no way to predict when the date for this column and category will come back current again. The visa bulletin is updated each month and needs to be checked on a monthly basis to ascertain the current dates for any visa category.


Unfortunately, there is more bad news for this class….


The Dates for Filing chart shows that the listed date for this column and this category is December 1, 2022. This means that following December 1, 2022, Applicants are no longer able to even FILE I-485 applications or submit documents to NVC in relation to their EB-2 case, even if the I-140 has been approved. All Applicants who did not file an I-485 application or submit immigrant visa documents to NVC prior to December 1, 2022, will need to wait for the Filing Date to become current or include their priority date, in order to be able to file these documents accordingly. 

This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.

Angelica Rice

EB-5 Resurgence

By Kyle Huffman • 09 May, 2024
The EB-5 Immigrant Investor Visa Program has long stood as a beacon of opportunity for those seeking to establish roots in the United States. However, in recent years, its allure dimmed due to concerns surrounding integrity, program abuse, and uncertainties regarding its future. Yet, with the passage of the EB-5 Reform & Integrity Act of 2022 , the EB-5 program finds itself on the brink of a renaissance, once again capturing the attention of investors worldwide. For those unfamiliar, t he EB-5 program offers foreign investors and their families a pathway to permanent residency in the United States by investing a minimum amount in a qualifying U.S. business venture . This investment must create or preserve a certain number of jobs for American workers. Historically, the program has been popular among affluent individuals seeking not only residency but also the opportunity to contribute to the U.S. economy. However, in recent years, the program faced criticism and scrutiny due to allegations of fraud, abuse, and inefficiencies. Investors became wary, and the program's popularity waned. Prospective applicants were hesitant to commit significant funds to a program plagued by uncertainties and bureaucratic hurdles. Enter the 2022 EB-5 Reform and Integrity Act . This landmark legislation addresses many of the concerns that have plagued the program in recent years. Among its key provisions are increased investment thresholds, stricter oversight measures, and reforms aimed at promoting integrity and transparency within the program. One of the most significant changes introduced by the reform act is empowering the United States Citizenship and Immigration Services (USCIS) to more effectively monitor and investigate potential instances of fraud or abuse. Additionally, the act introduces measures to streamline the application process, reducing bureaucratic red tape and expediting the adjudication of EB-5 petitions, resulting in faster processing for legitimate investments. The passage of the 2022 EB-5 Reform and Integrity Act has injected new life into the EB-5 program, reigniting interest among investors and immigration stakeholders alike. With its enhanced integrity measures and streamlined processes, the program once again represents a compelling opportunity for those seeking to pursue the American dream. Already, we are witnessing a resurgence of interest in the EB-5 program from investors worldwide. Developers and regional centers are seizing the opportunity to capitalize on the renewed enthusiasm, presenting a diverse array of investment opportunities across various industries and regions. Moreover, the EB-5 program's revitalization holds significant implications for the U.S. economy. By attracting foreign investment, the program has the potential to create jobs, spur economic growth, and facilitate the development of communities in need. Furthermore, it underscores the United States' commitment to welcoming and harnessing the talents and resources of immigrant investors. The passage of the 2022 EB-5 Reform and Integrity Act marks a pivotal moment in the history of the EB-5 program. By addressing longstanding concerns and implementing comprehensive reforms, the act has restored confidence in the program and positioned it for a prosperous future. As investors and developers alike embrace the opportunities presented by the revitalized EB-5 program, we anticipate a resurgence in interest and activity, reaffirming the program's status as a cornerstone of American immigration policy and economic development. I encourage any prospective investors to meet with one of our skilled attorneys to discuss the possibility of securing permanent residency, and eventually citizenship, through a qualifying investment under the EB-5 Immigrant Investor Visa Program. We look forward to working with you!

Know Your Rights If You Are Participating in Protests

By Denice Flores • 02 May, 2024
The U.S. Constitution protects all immigrants, including undocumented immigrants while participating in protests in the U.S. Here is a list of some of the rights covered in the U.S. constitution to consider when you are participating in protests: Right to free speech. The First Amendment prohibits the government from restricting your right to free speech. People have the right to participate in protests, marches, and demonstrations. Right to be free from retaliation. The First Amendment prohibits the government from retaliating against you for exercising your rights such as your right to free speech. Right to remain silent. The Fifth Amendment protects you from self-incrimination and provides the right to remain silent. Right against unreasonable search and seizure. The Fourth Amendment protects you against unreasonable searches and seizures. Right to speak to a lawyer. If you are arrested or detained, you have the right to speak to a lawyer. Keep in mind, if you are undocumented and you are participating in protests, you are at higher risk of being detained by immigration officials if they are present at the protest. If you are undocumented make sure you have a plan in place if you are arrested or detained by law enforcement or immigration officials. It is important to take precautions and if you are arrested or detained you should contact an attorney immediately. If you have questions, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.

New USCIS Policy regarding Expedite Requests

By Kris Quadros-Ragar • 18 Apr, 2024
The latest policy alert, PA-2024-05, issued by the U.S. Citizenship and Immigration Services (USCIS) on March 21, 2024, brings revisions to the USCIS Policy Manual, specifically focusing on expediting requests. These updates aim to simplify and elucidate the process for applicants, particularly those facing emergencies or urgent humanitarian needs. The primary goal is to make it easier for applicants to understand how to request expedited processing for their various submissions, including applications, petitions, appeals, or motions, especially in cases concerning government interests or urgent situations. While USCIS has historically permitted immigration benefit seekers to request expedited application processing in specific circumstances, the process has frequently been perceived as unclear, with decisions made arbitrarily on a case-by-case basis. The recent update seeks to rectify this by providing clarity and uniformity to the process and establishing explicit criteria and documentation standards. In order to request expedited processing, applicants need to adhere to a more defined procedure. This involves submitting thorough documentation and illustrating the urgency or government relevance of their case. The recent update also explains how USCIS reviews these requests, offering applicants a better grasp of the process. The update introduces special measures for speeding up the processing of Form I-131 (Application for Travel Document) in emergency situations. This acknowledges the urgent need for certain applicants to travel. The policy also acknowledges that expedited requests may be evaluated if there is evident USCIS error, aiming to uphold fairness and accountability within the processing system. These changes aim to make the expedited request process more transparent and understandable for applicants and their representatives. In summary, USCIS's revision regarding expedited requests signifies a notable advancement in rendering the immigration process more transparent and attentive to applicants' requirements. By comprehending these updated guidelines, applicants and their representatives can more effectively navigate the expedited request procedure, ensuring that urgent cases receive due consideration. If you believe you qualify for expedited processing under the recent USCIS policy updates, feel free to contact our office, and we will be more than happy to assist you. FONT : https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5
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