Visa Bulletin Regression!

Angelica Rice • April 6, 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.

This Facebook widget is no longer supported.

Angelica Rice

DHS Final Rule Eliminating “Duration of Status” (D/S): Practice Tips and Transition Procedures

By Juliana LaMendola • September 3, 2026
The Department of Homeland Security (DHS) published its final rule eliminating the longstanding "duration of status" (D/S) policy for F, J, and I visa holders, replacing it with a fixed period of admission effective September 15, 2026. This rule requires that those who need additional time to complete their programs must file Form I-539 with USCIS or travel abroad and seek to reenter to extend their authorized period of stay. F and J visa holders present in the U.S. and in valid status on September 15, 2026, will be allowed to remain in the United States until the Program End Date listed on their current Form I-20 (for F-1s) or Form DS-2019 (for J-1s), up to a maximum of four years (until September 15, 2030) plus a 60-day grace period for F-1s and a 30-day grace period for J-1s, without filing an Extension of Status request with USCIS. However, this safety net only applies while staying in the U.S.; international travel and subsequent reentry after September 15, 2026 will result in readmission under the new rule with an I-94 that expires on the Program End Date or Employment Authorization Document (EAD) expiration, but no later than four-years after their date of re-entry. Additionally, once re-admitted under the new rules, F-1s will only receive a 30-day grace period. Immediate Practice Tips: Any F-1 or J-1 nonimmigrant currently in the U.S. who plans to change programs, start a new degree level, or needs more time to complete their studies must work with their school or program sponsor to update their SEVIS record and receive an extended Form I-20 or DS-2019 before September 15, 2026. Eligible F-1 students should submit their post-completion OPT or STEM OPT work authorization applications (Form I-765) before September 15, 2026, to secure their status and drastically reduce the likelihood of needing a Form I-539 extension application. Any F-1 student who is eligible to apply for OPT or STEM OPT before March 18, 2027, should do so as soon as they are eligible to file their Form I-765. Since F-1s can file OPT applications up to 90 days in advance of graduation, F-1 students graduating before June 15,2027, should be able to file their OPT applications before March 18, 2027, and should do so to avoid also having to file Form I-539 to extend their stay. Thus, most F-1 students graduating in December 2026 and May/June 2027 should be able to take advantage of the transition rule’s delay in having to file Form I-539 applications and should only need to file Form I-765 to apply for OPT. Incoming F-1 and J-1 students who can enter the United States before the September 15, 2026 effective date (within the permissible 30-day window prior to their program start) should do so to benefit from the transition rules, including the full 60-day F-1 grace period and deferred extension requirements. Students (F-1 and J-1) who are planning international travel should return before the effective date if possible to preserve their transition benefits.  There are many parts of the rule that are not discussed here. If you are currently an F-1 or J-1 visa holder, you should proactively coordinate with your institutions and international office to protect your status and stay informed.

USCIS Issues Updated Guidance on Public Charge Rules

By Kris Quadros-Ragar • August 27, 2026
U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance detailing how officers will evaluate "public charge" inadmissibility for individuals applying for green cards through adjustment of status. This update follows a Department of Homeland Security (DHS) final rule that rescinds the 2022 public charge regulations. The new policy takes effect on September 18, 2026 , and applies to all green card applications (Form I-485) postmarked or submitted on or after that date. Who Is Subject to the Public Charge Rule? Most family-based and employment-based green card applicants will be subject to the public charge ground of inadmissibility. This includes spouses, children, and parents of U.S. citizens or legal permanent residents, as well as most employment visa preference categories, investors, and diversity visa applicants. Certain categories remain explicitly exempt under immigration law. These include: Asylees and refugees Victims of human trafficking (T visa) or crime (U visa) Violence Against Women Act (VAWA) self-petitioners Special Immigrant Juveniles Temporary Protected Status (TPS) applicants Certain military-related applicants and other designated humanitarian groups How USCIS Will Make Determinations USCIS officers will evaluate whether an applicant is likely to become a public charge by reviewing the totality of their circumstances on a case-by-case basis. Key factors include: Five Statutory Factors: Age, health, family status, assets/financial resources, and education or skills. Affidavit of Support: Submission of Form I-864 executed by a sponsor. Use of Public Benefits: USCIS will look at means-tested public benefits, such as cash assistance for income maintenance, housing assistance, food stamps (SNAP), or college financial aid. Note on timing: For benefits received before September 18, 2026, USCIS will only consider public cash assistance for income maintenance and long-term institutionalization at government expense. For benefits received on or after September 18, 2026, the broader consideration of all listed means-tested benefits will apply. Public Charge Bonds If an officer determines that an applicant is inadmissible solely on public charge grounds, USCIS may issue a Notice of Intent to Deny that invites the applicant to post a public charge bond using Form I-945. If an invited applicant successfully posts the required cash or surety bond, USCIS may approve the application for permanent residence. Public charge bonds can only be submitted if explicitly invited by USCIS. Santos Lloyd Law Firm will continue to monitor immigration developments closely and provide updates as further implementation details are released. For more information, please access: https://www.uscis.gov/newsroom/alerts/uscis-issues-guidance-on-making-public-charge-inadmissibility-determination

DHS Drafts Proposal to Remove the 60-Day Grace Period for Select Nonimmigrant Visa Holders

By Kris Quadros-Ragar • August 20, 2026
The Department of Homeland Security (DHS) is considering a regulatory proposal that would remove the discretionary 60-day grace period currently available to certain nonimmigrant visa holders (including H-1B, L-1, TN, E, and O-1) and their dependents. The draft rule is currently undergoing interagency review by the Office of Management and Budget (OMB) and has not yet been formally published for public feedback. What This Means Right Now Nothing changes today. The 60-day grace period remains in effect while this rule goes through the approval process. Under current rules, if your job ends early, you have up to 60 days (or until your I-94 expires) to leave the U.S., find a new sponsor, or apply to change status. What Could Change If approved, foreign workers who lose their jobs would no longer get automatic time to find a new employer or change status from within the U.S. They would generally be required to leave the country immediately. Next Steps Once the OMB finishes its initial review, the proposed rule will be published in the Federal Register, opening a public comment period of 30 to 60 days. Based on feedback received during this time, DHS may decide to alter, withdraw, or proceed with the proposal. If the government decides to finalize the rule, the entire process will likely take several months before taking effect. Santos Lloyd Law Firm will continue to monitor developments closely and will share updates on our immigration blog and social media pages as more details emerge.
Show More