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.

Angelica Rice

How Professional Athletes Can Immigrate to the United States: Visa Options for Champions and Competitors

By Shirin Navabi • June 12, 2025
The United States has long been a destination for the world’s most talented athletes—not only to compete at the highest level, but to access world-class training, coaching opportunities, and long-term career prospects. Whether on the field, in the ring, or across the chessboard, athletes from across the globe are finding immigration pathways that allow them to pursue their athletic and professional goals in the U.S. U.S. immigration law offers several visa and green card options designed specifically for individuals with extraordinary athletic talent. These include the P-1A visa for internationally recognized athletes, the O-1A visa for individuals of extraordinary ability, and the EB-1A immigrant petition, which can lead to permanent residency and ultimately, U.S. citizenship. The P-1A visa is commonly used by professional athletes coming to the U.S. to compete in a specific event or season. This applies not only to individual athletes but also to members of teams or clubs recognized internationally. It is widely used by soccer players, basketball players, MMA fighters, Brazilian Jiu-Jitsu competitors, and even elite chess players. Athletes must demonstrate a high level of international recognition and a record of performance in their sport. The O-1A visa is a strong option for coaches who demonstrate extraordinary ability, typically evidenced by championship titles, sustained winning records, or recognition as integral to their team’s success. To qualify, a coach must establish that their expertise places them among the small percentage of top professionals in their field. For athletes seeking permanent status in the U.S., the EB-1A immigrant petition —often referred to as the “extraordinary ability green card”—provides a direct path to lawful permanent residency. It requires clear documentation that the individual is among the very best in their sport and has achieved sustained national or international success. Unlike other green card categories, the EB-1A does not require employer sponsorship and can be self-petitioned. This has become a common path for MMA world champions, BJJ black belt medalists, Olympic athletes, and chess grandmasters—many of whom now represent the U.S. at the highest levels of international competition. It’s important to note that U.S. immigration law defines “athlete” broadly. Whether you are a professional football player in Europe, a sprinter from the Caribbean, a judoka, a gymnast, or a grandmaster in chess, your achievements may qualify under these categories if they are properly documented and presented. The key is a consistent record of excellence and recognition in your sport on a national or international scale. Our office specializes in these types of immigration matters. Whether you are an individual athlete looking to relocate or an organization seeking to bring international talent to your roster, we offer tailored legal strategies to support your goals. If you are exploring options to compete, train, or build your future in the U.S., we’re here to help you take the next step.

Understanding the Laken Riley Act: A Turning Point in U.S. Immigration Enforcement

By Denice Flores • June 5, 2025
In January 2025, the U.S. Congress passed the Laken Riley Act , marking a significant shift in immigration enforcement policy. The Act requires the Department of Homeland Security to detain certain non-U.S. nationals who have been arrested for theft-related offenses such as burglary, theft, larceny, or shoplifting. Under this Act, the Department of Homeland Security must detain an individual who: (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting. The Act also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement. It authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a: Decision to release a non-U.S. national from custody; Failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews; Failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country; Violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or Failure to detain an individual who has been ordered removed from the United States. The Act's stringent detention requirements may lead to increased fear and uncertainty within immigrant communities. Individuals who are merely accused of certain crimes could face mandatory detention. The Act may also affect legal immigration processes. Increased detention and deportation efforts could strain resources, potentially leading to delays in processing visas and asylum applications. Given the evolving legal landscape: Stay Informed and/or Seek Legal Counsel - Consult with your immigration attorney to understand how new laws and policies may affect your situation and if you or someone you know is facing immigration-related legal issues. Know Your Rights - Familiarize yourself with your legal rights, especially concerning interactions with law enforcement and immigration authorities. Community Engagement - Participate in community organizations that provide support and resources for immigrants, fostering a network of assistance and advocacy. If you have any questions or would like to consult with an experienced immigration attorney, contact our office to schedule a consultation.

ICE Issues OPT Warnings to F-1 Students for Unreported Employment

By Kris Quadros-Ragar • May 29, 2025
In a renewed wave of enforcement, U.S. Immigration and Customs Enforcement (ICE) has started sending formal alerts to certain F-1 students participating in Optional Practical Training (OPT), flagging that their records reflect over 90 days without any reported employment. These students have been advised to update their employment status in the Student and Exchange Visitor Information System (SEVIS) within 15 days. Failure to take timely corrective action may lead to the termination of the student's SEVIS record, effectively marking them as out of status, and may ultimately trigger removal proceedings. The notices are intended as a warning that students who do not comply with OPT reporting obligations are at risk of serious immigration consequences. Understanding OPT and Its Unemployment Limits Optional Practical Training (commonly referred to as “OPT”) is a work authorization benefit that allows eligible F-1 international students to gain hands-on experience in their field of study. Students may apply for pre-completion OPT (while still in school) or post-completion OPT (after graduation), typically for up to 12 months. Those with degrees in qualifying STEM fields may apply for an additional 24-month STEM OPT extension, giving them a total of 36 months of work authorization in the U.S. To maintain valid F-1 status while on OPT, students must remain actively employed in a position related to their field of study. The amount of time a student may remain in the United States while on OPT without being properly employed is capped at: 90 days during the standard 12-month post-completion OPT, and 150 days for those on the STEM OPT extension, which includes any days of unemployment accrued during the initial OPT period. These unemployment limits are cumulative and enforced strictly through SEVIS monitoring. What Should F-1 Students Do? If you are an F-1 student on OPT or STEM OPT and receive a warning or are unsure about your compliance status, act quickly: Contact your Designated School Official (DSO) immediately to review and, if necessary, update your SEVIS record. Ensure all employment is properly documented and reported through your school’s international office. Do not ignore warning notices, as failure to respond may lead to SEVIS termination and potentially the initiation of removal proceedings. It is also advisable to consult with a qualified immigration attorney to explore available options and understand how enforcement actions may affect your status or future immigration plans. If you received a notice or have questions about your F-1 status, our attorneys are here to help you take the right steps to protect your future in the United States. Contact us today to schedule a consultation.
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