USCIS Issues Public Guidance on Visa Retrogression and How to Follow Up on Pending Green Card Applications

In December, US Citizenship and Immigration Services (USCIS) issued public guidance on visa retrogression which can occur when an application for green card, known as Form I-485, application for adjustment of status, or immigrant visa application is adjudicated.

If, at the time of final adjudication of the green card, an applicant’s priority date no longer meets the cut-off date published in the Visa Bulletin, due to retrogression, his or her case must be held in abeyance until an immigrant visa once again becomes available. If an applicant has been interviewed at a USCIS office and an immigrant visa is not available, then USCIS may hold the case at different USCIS locations until an immigrant visa becomes available. At the conclusion of the interview, and if the officer has determined the Form I-485 is approvable other than an immigrant visa not being available, the officer will provide the green card applicant with a Notice of Interview Results informing the applicant of the reason(s) the application is being continued.

Once the visa number becomes available again, USCIS will not notify the AOS applicant of an immigrant visa becoming available and further processing of his or her case. Applicants may visit the current Visa Bulletin maintained by the Department of State (DOS), which informs the public of the current month’s visa cut-off dates and to monitor when a visa becomes available to them based on their category, country of chargeability, and priority date.

USCIS will finalize processing of the green card application or an immigrant visa-retrogressed case when visas become available to applicants based on their priority dates and the cut-off dates in the current month’s Visa Bulletin. Due to the number of immigrant visa numbers that become available on the first date of each month, and the fact that many cases may require updated evidence, it may take several months before USCIS is able to complete the adjudication of some cases.

These retrogressions may require immigrants to extend H-1B, O-1, and other nonimmigrant categories until such time that immigrant visa numbers do become available, so it is strongly advised to plan accordingly and to allow enough time so that no gap exists which could affect the ability of the applicant to work in the United States and/or travel abroad. We will be checking each month to monitor the Visa Bulletin and will provide updates.