US visa retrogression: What it is, why it happens and how it affects EB-5, green card applicants

  • Employment-based US visa applicants as well green card applicants from India will have to wait longer as a Visa Bulletin released by the US Department of State announced retrogression. While India will face over two-year retrogression, China faces two and a half years.  

Sugam Singhal
Updated11 Mar 2025, 06:21 PM IST
Photo for representation purpose only
Photo for representation purpose only

The US Department of State released the April 2025 Visa Bulletin, announcing important updates employment-based (EB) for immigrant visa categories. According to the bulletin, India will face over two-year retrogression in the EB-5 Unreserved category. 

China will retrogress by approximately two and a half years but all other countries will remain current in the EB-5 category, the bulletin said. 

What is visa retrogression

Visa retrogression occurs when the US Department of State moves the priority dates that determine visa availability backward instead of forward in the Visa Bulletin, subsequently causing delays for green card applicants. A priority date is a date when the US Citizenship and Immigration Services receives an immigrant petition.

Basically, visa retrogression means applicants will have to wait longer to apply for a green card. While it is only temporary, it extends the waiting time for applicants significantly. 

Why does it happen

The US issues a limited number of immigrant visas or green cards each year. Retrogression is enforced when the number of applications from a country or category exceeds the visa limit. Even the applicants eligible to proceed previously would have to wait longer for their priority date to become available. 

How retrogression impacts green card applicants

Applicants in the US are impacted differently by retrogression than those outside the US. If you are in the US and have applied for a green card, your application will be paused until your priority date becomes current again. 

If you are outside the US, you cannot schedule a visa interview until the date is current. If you have already filed for a green card and have received an Employment Authorization Document (EAD) or Advance Parole (AP), you can continue to work while waiting. 

If an applicant's priority date has been retrogressed, it does not mean that the application has been terminated. 

In February this year, US President Donald Trump had announced a new pathway to residency and citizenship: a “gold card” for a hefty $5 million price tag. While EB-5 was a popular route for high-net-worth individuals seeking a US green card, many had expressed concerns over a potential replacement of the programme by the “gold cards”. 

What is EB-5 unreserved category 

Since taking office in the White House on January 20, President Donald Trump has announced a series of immigration-related orders in an effort to crack down on undocumented immigrants in the US.  

Several deportation flights have flown undocumented immigrants to their home countries. Trump has promised to fortify the US-Mexico border and has already deployed 1,500 active duty troops to the southern US border. 

In addition, he has halted the processing of migrants and asylum seekers with special instructions to border patrol agents to turn people away without granting them asylum hearing.  

 

 

 

 

 

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First Published:11 Mar 2025, 05:19 PM IST
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