RetrogressionWhen a Visa Bulletin cutoff date moves backward, usually because demand exceeded the numbers available for that category.See it in the glossary happens when the State Department moves a Visa BulletinA monthly State Department publication showing which family and employment visa categories currently have visas available.See it in the glossary cutoff date backward. A Priority dateThe date a petition was filed, or a labor certification was submitted, used to determine an applicant's place in line for a visa category with limited annual numbers.See it in the glossary that was current last month may no longer be current. Final approval of the green card has to wait until the date moves forward again, but a pending case usually is not lost.
Why dates retrogress
Each preference category has an annual limit, and each country faces a Per-country limitThe cap, set at 7 percent of the combined family and employment totals, on how many preference visas may go to natives of any single country in a fiscal year.See it in the glossary. When demand grows faster than expected, the State Department must slow issuances to stay within the limits. It may move a date backward or mark a category “U,” meaning unavailable. The September 2026 bulletin warned that, after recent family-category advances, “retrogression may be necessary in the upcoming months,” and it noted that EB-2 India was already unavailable for the rest of fiscal year 2026. Our explainer on what “unavailable” means covers the end-of-year case.
If you have a pending I-485
- The application stays pending. USCIS generally holds cases it cannot approve until the date is current again.
- Work and travel documents continue. Applicants can generally renew an EAD (Employment Authorization Document)A card issued by USCIS on Form I-765 that allows certain noncitizens to work legally while another application is pending or a status permits it.See it in the glossary and Advance parolePermission, issued by USCIS on Form I-131, that lets certain applicants with a pending case travel abroad and return without abandoning the application.See it in the glossary while the I-485Application to Register Permanent Residence or Adjust Status, the form used to apply for a green card from inside the United States.See it in the glossary is pending. EADs for pending adjustment cases are now valid for up to 18 months and no longer receive automatic extensions for most renewals, so renew early.
- Job portability may still apply. Employment-based applicants whose I-485 has been pending 180 days or more may be able to change to a same or similar job.
See working while a green card is pending.
If you have not filed yet
If the date retrogresses before you file, you generally cannot file an I-485 until your date is current under the chart USCIS designates that month, which can be either the Final Action DatesThe Visa Bulletin chart showing the priority dates for which a visa number can actually be issued or a green card approved in that month.See it in the glossary or the dates for filing chart. Check USCIS’s filing charts page each month.
If you are processing through a consulate
The National Visa Center schedules interviews only when a date is current. If a case was already interviewed and the date retrogresses, the visa may not be issued until numbers are available again, even if everything else is complete.
How long retrogression lasts
There is no set duration. Some retrogressions last a month, others years. The new fiscal year starting October 1 often brings movement, but the State Department sets dates month by month based on demand. The October 2026 bulletin had not been published when this article was written.
Staying eligible during the wait
- Keep underlying nonimmigrant status where possible, especially for H-1B and L-1 workers.
- Keep the job or a same or similar job, for employment cases.
- Watch children’s ages. The Child Status Protection Act calculation depends on when a visa becomes available, so retrogression can affect whether a child ages out. See CSPA age-out rules.
- Update USCIS with address changes, and respond to requests for evidence.
Retrogression is not a denial
A retrogressed case is waiting, not rejected. The priority date stays the same. The only question is when numbers become available again. For how dates work more generally, read the truth about the Visa Bulletin.
Example
Suppose an EB-3 applicant with a priority date of June 1, 2024 filed an I-485 when the final action date was later than that. If a future bulletin moves the cutoff back to January 1, 2024, the applicant’s date is no longer current. USCIS would generally hold the I-485 until the cutoff passes June 1, 2024 again. The applicant can keep renewing work and travel documents in the meantime, while maintaining eligibility.
Family cases
Family preference applicants face the same effect. Families with children near age 21 should review how retrogression affects the Child Status Protection Act calculation, since the date a visa becomes available is part of that formula.
Consular cases and the new fiscal year
Consular applicants whose cases were documentarily complete when a date retrogressed may be scheduled quickly once numbers become available again, often after October 1. Keep civil documents, police certificates and medical exams current, since some expire and would need to be redone before the interview.
Where to follow updates
The State Department publishes each bulletin on travel.state.gov, and USCIS posts its chart instruction for adjustment filings each month. Our Visa Bulletin tracker summarizes each release. For how the bulletin works overall, see the truth about the Visa Bulletin.
Planning for employment-based applicants
Workers in retrogressed employment categories often keep their nonimmigrant status active as a backup, especially H-1B workers, who can extend beyond six years based on an approved immigrant petition in certain circumstances. That backup protects the ability to live and work in the United States while the green card waits.
Key terms
- Priority date: your place in line, usually the filing date of the petition or labor certification.
- Final action date: the cutoff for approving a green card or issuing an immigrant visa.
- Dates for filing: an earlier cutoff for submitting documents or, when USCIS allows, filing an I-485.
- Retrogression: a cutoff date moving backward.
- Unavailable (“U”): no numbers can be issued in that category for now.
Common questions
Will USCIS deny my I-485 because of retrogression?
Generally no. It holds the case until a visa number is available, as long as you remain otherwise eligible.
Can I travel during retrogression?
With a valid advance parole document, or H-1B or L-1 status where the exception applies. Leaving without either usually abandons the I-485.
Can I switch categories to avoid retrogression?
Sometimes, for example by filing in a different employment category with a new petition, while keeping the earlier priority date if the rules allow. This requires individual analysis.
Does my priority date change after retrogression?
No. Your priority date stays the same. Only the cutoff in the bulletin moves.