Retrogression in Processing Time of EB-3 Visa: Why it Happens and What You Should Do

The EB-3 Visa is one of the most popular U.S. employment-based visas for skilled workers, professionals, and unskilled workers. However, the processing time can sometimes experience significant delays, known as "retrogression." This delay can be frustrating for applicants waiting for their green card, but it’s important to understand why retrogression occurs and how to navigate it.

What is Retrogression?

Retrogression occurs when the demand for green cards in a particular visa category (like EB-3) exceeds the number of visas available for that year. Each year, the U.S. government allocates a certain number of employment-based visas per country, and if the number of applicants exceeds that limit, the priority date for processing gets pushed back—this is retrogression.

Why Does Retrogression Happen?

There are several reasons for retrogression, but some main reasons are:

1. Because of Annual Visa Caps

The U.S. issues only a certain number of EB-3 visas annually. According to U.S. immigration law, only about 40,000 EB-3 visas can be issued every fiscal year. Furthermore, only 7% of these visas can go to applicants from any one country. If there are more applicants than available visas, the processing times get delayed.

2. Because of High Demand from Certain Countries

Some countries, like India, China, and the Philippines, have more applicants than the 7% country limit can handle. As a result, applicants from these countries may face longer wait times. This causes a backlog, and retrogression pushes the processing date further into the past.

3. Because of Spillover Effect

Unused visa numbers from one category (like EB-2) can sometimes “spill over” into another (like EB-3). But if other categories also have backlogs, fewer visas may be available to EB-3 applicants, leading to retrogression.

Recent Developments: October 2024 Visa Bulletin

Recent news has shown that the issue of retrogression has persisted well into 2024. According to the U.S. Department of State’s October 2024 Visa Bulletin, there has been no forward movement in the final action dates for the EB-3 category due to high demand and visa exhaustion​

This has been particularly frustrating for countries with large backlogs like India, China, and the Philippines. While many expected movement with the start of the new fiscal year, visa exhaustion has led to stagnation in the availability of EB-3 visas.

How Retrogression Impacts Countries with Backlogs?

Countries like India and China often experience the longest delays due to retrogression, sometimes waiting for several years. Here's how it specifically impacts these applicants:

1. Longer Wait Times

If you are from a country with a high demand for EB-3 visas, your wait time could stretch into years, even if your priority date is far ahead. The U.S. Citizenship and Immigration Services (USCIS) will only process applications once the priority date becomes current again.

2. Uncertainty in Planning

Retrogression can make it difficult for applicants to plan their lives. Some may be waiting to move to the U.S., while others may have already relocated and are waiting for their green card to be processed. Retrogression prolongs this uncertainty, affecting both personal and professional plans.

3. Temporary Work Visa Extensions

While waiting for their green card, many EB-3 applicants are on temporary work visas like the H-1B. Retrogression can force applicants to extend their temporary visas multiple times, adding extra paperwork and costs.

What Should You Do During Retrogression?

Although retrogression can be discouraging, there are steps you can take to ensure you are prepared for when your priority date becomes current again:

1. Stay Informed on Visa Bulletins

The U.S. Department of State releases monthly visa bulletins, which tell you when your visa may become available. Keeping an eye on these updates is critical in understanding how retrogression is progressing for your country and visa category.

2. Maintain Your Status

If you’re already in the U.S. on a temporary work visa (like H-1B), it’s essential to keep your status valid. This might mean extending your visa, ensuring you don’t fall out of status, and working with your employer to maintain your employment.

3. Be Ready for When the Date is Current

When your priority date becomes current, you’ll want to act fast to move forward with your green card application. Make sure you have all the necessary documents prepared, such as your updated work information, family details, and any other documents the USCIS might need.

4. Consider Porting to EB-2 (If Possible)

Some applicants may qualify to “port” from EB-3 to EB-2, which has a higher visa category and sometimes moves faster. To do this, your job or qualifications must meet the higher standards for EB-2 (e.g., having an advanced degree or more experience). Consult with an immigration attorney to explore whether this is an option for you.

5. Explore Other Visa Options

While retrogression affects the EB-3 category, there are other visa categories that might move faster. Some people consider family-sponsored green cards or even investment-based visas (like the EB-5 visa) if they have the means. Again, consult with a lawyer to evaluate these options.

6. Stay in Contact with Your Employer and Immigration Attorney

Keeping in close contact with your employer and immigration attorney will help ensure that you don’t miss any updates or deadlines. Pine Visa is one of the most trusted platform to stay informed and apply to EB-3 visa. We have a team of professional lawyers and former immigration specialists who will help you maintain your current visa status during retrogression as well. 

Can Retrogression Be Fixed?

Retrogression is tied to U.S. immigration law, which places caps on visa categories and countries. Fixing retrogression would require parliamentary changes, such as increasing the number of available EB-3 visas or changing the country cap system. While there have been calls for reform, such changes are complex and take time.

Final Thoughts

Retrogression in EB-3 visa processing times can feel like a significant roadblock, but understanding why it happens and how to manage it is crucial for applicants. While the waiting period can be frustrating, staying informed, maintaining your status, and being proactive about other visa options are some of the best ways to navigate this process.

With the recent stagnation seen in the October 2024 Visa Bulletin, it’s clear that retrogression is likely to remain a challenge for the coming future. However, by preparing well and staying patient, your dream of obtaining a green card can still become a reality​.