Retrogression: What It Is and How It Affects Your EB3 Case

Many people pursuing U.S. permanent residency through an employment-based visa have found themselves stuck in a prolonged waiting period without fully understanding why. One of the key culprits behind this situation is Retrogression — the phenomenon where the cutoff date on the monthly Visa Bulletin moves backward instead of forward. In this article, Newland USA breaks down what Retrogression is, why it happens, and most importantly, how it directly impacts your EB3 case and your EB3 priority date — so you can plan ahead and make informed decisions for your immigration journey.

1. Overview of the EB3 Program and the Role of the Visa Bulletin

The EB3 program (Employment-Based Third Preference) is one of the most common pathways for foreign workers to obtain a Green Card and become lawful permanent residents in the United States. This visa category covers three main groups: Skilled Workers, Professionals, and Other Workers (unskilled labor). Each year, the U.S. government allocates approximately 40,000 visas to the entire EB3 category, while also applying a per-country cap of 7% of the total worldwide visa limit.

To track processing progress, the U.S. Department of State publishes the Visa Bulletin every month. This is the official document that shows the cutoff date for each visa category and each country. If your EB3 priority date falls before the published cutoff date, you can move forward to the next step in the Green Card process. If your priority date falls after the cutoff date, you must continue waiting until visa availability opens back up.

The Visa Bulletin includes two important charts: the Final Action Dates chart, which shows when USCIS will grant a Green Card, and the Dates for Filing chart, which allows applicants to submit their adjustment of status application earlier. Understanding both charts is the foundation for knowing exactly where your EB3 case stands in the visa queue.

2. What Is Retrogression?

Retrogression — also known as a visa bulletin rollback — is when the cutoff date on the Visa Bulletin moves backward into the past instead of progressing forward as usual. To put it simply: if last month’s EB3 cutoff date for the “All Chargeability” category (all countries except those listed separately) was December 2022, but this month it gets pushed back to January 2021, that is Retrogression.

According to the U.S. Citizenship and Immigration Services (USCIS), Retrogression occurs when the number of applicants requesting visas in a specific category or from a specific country exceeds the number of visas available for that month. Normally, the cutoff date moves forward over time, but fluctuations in demand can cause the pace to slow down, come to a halt, or even reverse. Retrogression is most noticeable toward the end of the U.S. fiscal year — roughly July through September — when the number of visas issued approaches the annual cap.

When the new fiscal year begins on October 1, the visa supply resets and the cutoff date typically returns to around where it was before Retrogression occurred. However, this is not guaranteed, as the extent of the recovery depends on actual demand and the volume of pending applications at USCIS.

3. Why Does Retrogression Happen in the EB3 Category?

Several factors combine to cause visa retrogression in the EB3 category. The most significant ones include:

Demand far outpacing supply: Each year, tens of thousands of workers around the world file EB3 petitions to pursue permanent residency in the U.S. When the number of applications exceeds the 40,000 visas allocated for this category, a backlog builds up. Retrogression becomes the tool the Department of State uses to manage the pace of visa issuance.

Per-country caps: U.S. immigration law states that no single country may use more than 7% of the total employment-based visas in any given year. Countries with large applicant populations — such as India, China, and the Philippines — are hit hardest by this rule. Applicants from these countries may wait years, or even more than a decade, before their EB3 priority date becomes “current.”

Fewer spillover visas from other categories: In some fiscal years, unused visas from the family-based preference categories can be redirected to employment-based categories, creating a meaningful boost in supply. However, when that spillover decreases — as happened when the immigration system gradually returned to normal after COVID-19 — the number of available EB3 visas drops accordingly, contributing to Retrogression.

USCIS application backlogs: The agency is still working through a large volume of applications accumulated from multiple prior fiscal years. This ongoing backlog puts constant pressure on visa supply, making it difficult for the cutoff date to advance quickly — and easy for it to be pushed back at any moment.

4. The EB3 Priority Date — The Key to Your Place in Line

The EB3 Priority Date is the timestamp that determines where you stand in the visa queue. For most EB3 applicants, the priority date is established based on when the U.S. employer files the PERM Labor Certification with the U.S. Department of Labor. In cases where PERM is not required, the priority date is based on when the employer files Form I-140 (Immigrant Petition for Alien Workers) with USCIS.

An important thing to remember: your EB3 priority date cannot be changed, expedited, or transferred to someone else. Even if you switch employers, your original priority date can typically be retained as long as the I-140 petition was approved and was not revoked due to fraud. This is known as priority date retention — a key protection that ensures you don’t lose your place in line after years of waiting.

You can find your EB3 priority date on the I-140 approval notice from USCIS or on the PERM filing receipt from the Department of Labor. Each month, you should compare this date against the cutoff date published in the Visa Bulletin to determine whether you’re eligible to move forward. Specifically, look up the EB3 row in the Final Action Dates chart and find the column for your country of birth (country of chargeability) — note that U.S. immigration law allocates quota by country of birth, not current country of residence.

5. How Does Retrogression Affect Your EB3 Case?

When Retrogression happens, the impact on EB3 applicants is significant and can play out in several ways:

Longer wait for a Green Card: This is the most direct and obvious consequence. If your EB3 priority date was “current” but suddenly gets cut off due to a visa bulletin rollback, your entire review process is paused until the cutoff date moves forward again past your priority date. The wait can range from a few months to several years, depending on how severe the Retrogression is.

Delays in filing Form I-485 or attending a consular interview: For applicants already in the United States, Retrogression means you cannot yet file Form I-485 (Adjustment of Status) to become a permanent resident. For those abroad, the U.S. Embassy or Consulate will not schedule an interview until your EB3 priority date becomes current again. In some cases, if an interview was already scheduled before the Retrogression took effect, the consulate may cancel the appointment or ask you to submit your passport for a visa stamp once your priority date is current again.

Impact on work authorization and travel privileges: If you already filed Form I-485 before Retrogression occurred, the good news is that you can still apply for an Employment Authorization Document (EAD) through Form I-765 and apply for international travel through Advance Parole (Form I-131). However, if you haven’t yet filed I-485, you won’t be able to access these benefits during the waiting period.

Impact on family members: Your EB3 priority date also applies to your spouse and unmarried children under 21. This means that when your EB3 case is delayed by Retrogression, your family has to wait alongside you. Even more concerning, if the waiting period drags on too long, your children may age out — turning 21 before the case is resolved and losing their eligibility as dependents.

Uncertainty for employers: From the employer’s perspective, Retrogression creates significant challenges in long-term workforce planning. Companies that have sponsored foreign workers may find themselves in a difficult position when those employees can’t yet secure their permanent residency, which can negatively affect business operations.

6. A Look Back at the History of Retrogression in EB3

Retrogression is not a new phenomenon in the U.S. immigration system. Visa bulletin rollbacks have occurred multiple times in the EB3 category since the 1990s and have continued to reappear regularly across recent fiscal years.

In 2020, amid the COVID-19 pandemic, Green Card processing and work authorization were stalled for nearly the entire year. But when the Retrogression eased, a surge of applications flooded in within just a few weeks.

More recently, fiscal year 2024 saw a notable rollback, with the Final Action Dates cutoff for worldwide EB3 (excluding India and China) pushed back by nearly a full year in July 2024, and further back again in September 2024. The total employment-based visa cap for fiscal year 2024 dropped to approximately 160,791 — significantly lower than the 197,091 in fiscal year 2023. This decline reflected a return to pre-pandemic norms, when surplus visas from the family-based categories were no longer as plentiful.

These historical patterns show that Retrogression is cyclical and temporary. While it causes real frustration, it does not mean your EB3 case has been denied or cancelled. The most important thing is to stay patient and be ready to take action as soon as your priority date becomes current again.

7. Strategies for Managing an EB3 Case Affected by Retrogression

While Retrogression is out of any applicant’s control, there are useful strategies to help minimize its impact:

Monitor the Visa Bulletin every month: This is a basic but essential step. The Visa Bulletin is updated by the Department of State each month and provides the most accurate, up-to-date picture of visa availability by category and country. By tracking it closely, you can spot trends in cutoff date movements and get a rough sense of when your EB3 priority date might become current again.

File as early as possible: Because your EB3 priority date is set from the moment you file the PERM application or I-140, starting the process early gives you an earlier priority date — which means less waiting when Retrogression hits. Even during a period of retrogression, continue completing preparatory steps so you’re ready to move the moment the opportunity arises.

Explore alternative visa categories: Some EB3 applicants may qualify for EB-2 or even EB-1, depending on their professional background and experience. While those categories can also experience Retrogression, the wait times can differ considerably. Consulting with an immigration professional can help you evaluate the best option for your specific situation.

Take advantage of priority date retention: If your I-140 has already been approved, you have the right to retain your EB3 priority date even if you switch to a new employer or change visa categories. This is a valuable benefit that means you don’t have to “start over” after years of waiting.

Complete steps that are not affected by Retrogression: The EB3 Green Card process has multiple stages, and not all of them are affected by visa retrogression. For example, filing PERM, getting I-140 approved, or preparing your file with the National Visa Center (NVC) can all proceed normally. Only the final step — the Embassy interview abroad or filing I-485 in the U.S. — is directly delayed by Retrogression. Finishing the earlier steps as quickly as possible will help minimize your overall waiting time.

Plan long-term and stay flexible: Retrogression requires a forward-looking mindset. Consider backup plans such as maintaining a temporary work visa, setting aside financial reserves for an extended waiting period, and staying informed through official and reliable sources.

8. The Role of an Immigration Consulting Firm in Navigating Retrogression

In an environment where immigration policy is constantly shifting, having a professional immigration consulting firm by your side offers a real advantage for EB3 applicants. Experienced advisors can help you track Visa Bulletin developments, assess your EB3 priority date status, and develop a strategy tailored to your specific circumstances.

At Newland USA, we understand that Retrogression can cause a great deal of stress and anxiety for applicants and their families. Our team of specialists stays on top of every new development in the Visa Bulletin, and provides detailed, step-by-step guidance throughout the EB3 process — ensuring your application is thoroughly prepared and ready to move forward the moment conditions allow.

9. Conclusion

Retrogression is an unavoidable part of the U.S. employment-based immigration system, especially in the EB3 category where demand routinely exceeds supply. Understanding what visa retrogression is, knowing how your EB3 priority date works, and actively monitoring the monthly Visa Bulletin are the key factors that will help you stay grounded and focused on your path to permanent residency. While Retrogression can delay your Green Card timeline, it does not mean your EB3 application has been rejected. With thorough preparation, a proactive mindset, and the support of a reputable consulting firm, your dream of settling in the United States is absolutely within reach.

Learn more:

• Why is the EB3 Visa waiting time for skilled workers faster than for other workers?
• ROI Analysis When Settling in the US Through EB3 Skilled Workers
• Does the EB3 Skilled Worker Immigration to the U.S. Really Cost Billions of VND?
• Premium Processing EB3: Is It Worth Paying the Extra Fee?