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.

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Angelica Rice

2026 Visa Freeze and Travel Bans

By Juliana LaMendola • March 13, 2026
On January 14, 2026, the Trump administration announced a freeze on immigrant visa issuance for nationals of 75 countries . The administration states that this “visa freeze” is intended to review security protocols, “reduce risks,” and control immigration flows. However, the immediate reality is that this change in policy has temporarily suspended visa processing and restricted travel for applicants from numerous countries across the globe. While the legal landscape surrounding these suspensions is highly fluid and subject to change, it is important to consider how this “visa freeze” might impact your current status or immigration plans. The scope of the restrictions varies drastically depending on your country of origin and specific visa category. Most notably, a nationality-based travel ban restricts visa issuance for 19 countries : Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. Beyond this targeted ban, a broader freeze affects applicants from a designated list of up to 75 countries, leading to indefinite delays for many visa petitions. However, it is important to note that immigrant visa applications first need to be processed through USCIS, which has not paused processing applications from the 75 countries. Thus, it is important to contact an attorney to understand at what point in the process this visa freeze may affect your case. While Brazil is included in the list of 75 countries, at the time of this publication, the freeze does not include non-immigrant visas for Brazil . Non-immigrant visas are granted to foreign nationals seeking to enter the United States on a temporary basis for specific purposes, such as tourism, studying, or temporary work. This means that Brazilian applicants can still safely pursue non-immigrant employment options, such as O visas for individuals with extraordinary ability or P visas for internationally recognized athletes, without being subjected to the current travel bans or suspensions. This alert is for informational purposes only and does not constitute legal advice. There are many changes and uncertainties, so please consult with a qualified attorney at Santos Lloyd Law Firm, P.C. to understand how these evolving policies might affect your specific case

The 2026 RFE Surge

By Denice Flores • March 6, 2026
Recent data in 2026 shows a sharp increase in Requests for Evidence across employment-based visa categories such as EB-1, EB-2 NIW, O, and H-1B. Requests for Evidence (RFEs) are no longer reserved for borderline cases; even robust petitions for high-level talent are facing unprecedented scrutiny. The expansion of the USCIS Vetting Center means automated tools are cross-referencing every petition, triggering RFEs for even the smallest inconsistencies. For EB-2 NIW petitions, adjudicators are increasingly questioning the "National Importance" of a candidate’s endeavor. Even for those with impressive credentials, USCIS now demands evidence of how their work specifically benefits the U.S. on a prospective basis. For O-1A and O-1B visas, officers are applying narrower interpretations of "distinction" and "extraordinary ability," often mischaracterizing evidence already present in the record. Additionally, a troubling 2026 trend is the correlation between Premium Processing and RFEs . For discretionary categories like EB-1A and EB-2 NIW, Premium Processing has increasingly become a "fast track" to a poorly reasoned RFE. Reports indicate that adjudicators, pressured by 15-business-day timelines, may be relying on AI-assisted vetting tools that trigger automated RFEs with general and boilerplate language, rather than a thorough review and analysis of supporting documents and evidence filed. With USCIS employing more rigorous AI-driven vetting and a narrower interpretation of visa criteria, the margin for error has disappeared . As such, ensure you consult with an experienced immigration attorney before filing a petition. ' If you have any questions, please schedule a consultation with one of our experienced attorneys, and we will be more than happy to assist you.

Navigating the Surge in Temporary Protected Status (TPS) Terminations and Litigation: What You Need to Know

By Juliana LaMendola • February 19, 2026
In recent weeks, the U.S. government has moved to terminate Temporary Protected Status (TPS) for multiple countries, sparking a wave of last-minute litigation and creating significant uncertainty for beneficiaries. This shift is having a profound impact on those who rely on TPS for lawful presence and work authorization in the United States. Across the country, federal courts have intervened to pause or block scheduled TPS terminations for several countries, including Burma (Myanmar), Ethiopia, Haiti, South Sudan, and Syria. In response to these court orders, USCIS has updated its webpages to indicate that TPS status and related Employment Authorization Documents (EADs) are extended for these populations. However, USCIS is intentionally not providing specific new end dates for EAD validity while the litigation remains in flux. The Department of Homeland Security (DHS) has prominently noted that it "vehemently disagrees" with these court orders and is actively working with the Department of Justice on next steps. This legal landscape remains highly unpredictable and varies drastically depending on the country of origin. For example, on February 9, 2026, the 9th Circuit Court of Appeals granted a stay allowing the government to proceed with the termination of TPS for Nicaragua, Honduras, and Nepal while the underlying legal challenges continue. Because of this ruling, the automatic extension of work authorization for these individuals has ended, and employers are now required to reverify the work authorization of affected employees, who must present alternative valid documentation to continue their employment. These rapid changes and the lack of clear end dates are causing complications beyond the workplace. Because driver's licenses often track the length of an individual's authorized stay, many DMVs are currently declining to issue or renew driver's licenses for impacted TPS populations. For employers, managing internal communications, avoiding onboarding errors, and navigating Form I-9 compliance has become increasingly complex. It is more important than ever to be well-prepared and proactive in monitoring these rapid changes. At Santos Lloyd Law Firm, P.C., our immigration attorneys are ready to guide you through this evolving process and ensure you are informed, and supported. Please contact us if you have questions or need assistance.
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