How USCIS Processes Retrogressed Visas Cases

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Priority Date

Generally, the priority date is the date when the immigrant petition is properly filed with USCIS. In some instances, the priority date is when the labor certification application was accepted for processing by the Department of Labor.

Visa Retrogression

Usually the cut-off dates on the Visa Bulletin move forward in time, but not always. Demand for visa numbers by applicants with a variety of priority dates can fluctuate from one month to another, with an inevitable impact on cut-off dates. Such fluctuations can cause cut-off date movement to slow, stop, or even retrogress. Visa retrogression occurs when more people apply for a visa in a particular category or country than there are visas available for that month. Retrogression typically occurs toward the end of the fiscal year as visa issuance approaches the annual category, or per-country limitations. Sometimes a priority date that meets the cut-off date one month will not meet the cut-off date the next month. When the new fiscal year begins on October 1, a new supply of visas is made available and usually, but not always, returns the dates to where they were before retrogression.

How USCIS Processes Retrogressed Visas Cases

If, at the time of adjudication, 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 a visa once again becomes available. If the adjudication of your Form I-485 will not require an in-person interview at a USCIS office, then your case will be held at the USCIS Service Center where you initially filed your application.

If you have been interviewed at a USCIS office and a visa is not available, then USCIS

may hold your case at the following locations until a visa becomes available.

Employment-based visa-retrogressed cases are held at the Texas Service Center (TSC) upon completion of any required interview and other processing steps.

Family-sponsored visa retrogressed cases are held at the National Benefits Center (NBC) upon completion of the interview and other processing steps.

USCIS will finalize processing of visa-retrogressed cases when applicants' priority dates become available (current) based on the dates in the current month’s Visa Bulletin. If USCIS needs updated information from an applicant, we may send out correspondence such as requests for evidence or an interview notice. Therefore, it is very important that applicants keep their addresses current with USCIS.

Last updated:06/14/2011