EB1 retrogression is a term that refers to a backlog or delay in the processing of employment-based first preference visas for certain individuals applying to immigrate to the United States. This typically occurs when the number of visa applicants exceeds the available visa quota, causing a delay in the issuance of visas even for those who are already approved for immigration. This can have significant consequences for those affected, including prolonged waiting periods and uncertainty in their immigration process. In this context, it is important to understand the causes of retrogression and the potential solutions that can help alleviate its impact on affected individuals.
What Is EB1 Retrogression?
EB1 retrogression refers to the temporary unavailability of green cards under the EB1 category. The EB1 category is a preference category for employment-based immigration, specifically for individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives and managers. Retrogression occurs when the demand for green cards exceeds the number of available visas for a particular category and country.
What Causes EB1 Retrogression?
Several factors can cause EB1 retrogression. One of the most significant factors is the annual limit on the number of employment-based green cards issued to foreign nationals. The U.S. government sets this limit, and each category has a specific allocation. If the demand for a particular category exceeds the allocation, retrogression occurs.
Another factor that contributes to EB1 retrogression is the priority date system. The priority date is the date when a foreign national first files an immigrant petition with the U.S. Citizenship and Immigration Services (USCIS). The priority date determines the foreign national’s place in line to receive a green card. When the demand for a particular category and country exceeds the available green cards’ supply, the priority date cutoff moves backward, resulting in retrogression.
How Does EB1 Retrogression Affect Immigration Applications?
EB1 retrogression can significantly impact immigration applications. When retrogression occurs, USCIS stops accepting applications for green cards under the EB1 category until the cutoff date moves forward again. This means that foreign nationals who have already filed their applications but have not yet received their green cards must wait longer to receive them.
Additionally, foreign nationals who were planning to file their green card applications under the EB1 category may need to wait until the cutoff date moves forward again to file their applications. The waiting period can be several months or even years, depending on the extent of the retrogression.
Key takeaway: EB1 retrogression refers to the temporary unavailability of green cards under the EB1 category due to factors such as the annual limit on the number of employment-based green cards and the priority date system. It can significantly impact immigration applications, but strategies such as exploring other green card categories or alternative visa options can help mitigate its effects. The COVID-19 pandemic has had both positive and negative impacts on EB1 retrogression, with some categories becoming current but delays and disruptions still affecting processing and travel for foreign nationals.
Strategies to Mitigate the Impact of EB1 Retrogression
Several strategies can help mitigate the impact of EB1 retrogression. One strategy is to explore other employment-based green card categories that may be available to the foreign national. For example, the EB2 category may be an option for individuals with advanced degrees or exceptional ability in their field. Additionally, the EB3 category may be an option for skilled workers, professionals, and other workers.
Another strategy is to consider alternative visa categories that may allow the foreign national to work and live in the United States while waiting for the EB1 retrogression to lift. For example, the O-1 visa is available to individuals with extraordinary ability in the sciences, arts, education, business, or athletics. The L-1 visa is available to multinational executives and managers who have worked for a qualifying organization outside of the United States for at least one year.
Key takeaway: EB1 retrogression occurs when the demand for green cards in the EB1 category exceeds the available visas for a particular category and country, causing delays in receiving green cards for foreign nationals who have filed applications. Strategies to mitigate the impact of retrogression include exploring other green card categories, considering alternative visa categories, and waiting for the retrogression to lift. The COVID-19 pandemic has both positively and negatively impacted retrogression, making it more challenging for foreign nationals to obtain visas and causing delays in USCIS processing times.
The Impact of the COVID-19 Pandemic on EB1 Retrogression
The COVID-19 pandemic has had a significant impact on EB1 retrogression. The pandemic has caused a decrease in the number of employment-based green card applications filed with USCIS. As a result, some categories, including the EB1 category, have become current, meaning that USCIS is now accepting green card applications for those categories without any retrogression.
However, the pandemic has also caused delays in USCIS processing times, resulting in longer wait times for foreign nationals who have already filed their green card applications. Additionally, the pandemic has caused disruptions in travel and visa processing, making it more challenging for foreign nationals to obtain the necessary visas to enter the United States.
FAQs for eb1 retrogression
What is eb1 retrogression?
Eb1 retrogression occurs when the demand for immigrant visas in the employment-based first preference category – which is reserved for priority workers like multinational executives, outstanding professors, and researchers – exceeds the annual limit set by Congress. As a result, applicants who are eligible for the eb1 visa may face a delay, or retrogression, in their final visa processing and may not be able to receive their visas, even if they have already applied for adjustment of status or consular processing.
Why does eb1 retrogression happen?
Eb1 retrogression happens because of the limited number of visas that Congress authorizes for each employment-based category. When even a small number of visa applicants for eb1 category exceeds the annual limit, the system uses a “first-come, first-served” method, triggering visa retrogression. This can happen in any immigrant visa category, and it fluctuates annually based on the number of available visas, the number of eligible applicants, and the country’s restrictions.
How does eb1 retrogression affect employers and employees?
Eb1 retrogression can cause uncertainty and delays for employers and employees, particularly for businesses that rely on high-skilled foreign workers. If an employee’s visa application is delayed significantly, it can affect the company’s operations as well. It can also impact an employee’s career development and family plans in the United States. Employers may have to adjust their recruitment or talent retention strategies, and employees may have to make career choices or change employers.
How long does eb1 retrogression last?
The duration of eb1 retrogression can vary from a few months to several years, depending on different factors such as the annual visa quotas, the number of applications received, the rate of visa denials or revocations, and the geopolitical climate. USCIS and DOS publish regular updates on visa availability, which applicants can monitor to know the progress of retrogression.
What options do eb1 retrogressed applicants have?
Eb1 retrogressed applicants still have options, depending on their specific situations. Applicants with approved I-140 petitions may still be eligible to apply for adjustment of status and receive an employment authorization document (EAD). They can also request expedited processing if they meet the criteria set by USCIS. However, if an applicant’s priority date retrogresses past the filing date, they will have to wait until their priority date becomes current before proceeding with the application. Applicants can also explore other visa categories or seek assistance from immigration lawyers.
