What are the retrogression limits for EB-2?

The process of obtaining a green card through EB-2, including the NIW (National Interest Waiver) option, can be affected by the so-called “retrogression,” which is the phenomenon indicated in the Visa Bulletin published by the United States Department of State. This retrogression occurs when the number of available visas is exceeded by demand, and consequently, the priority dates for certain countries or categories may “move backward” compared to what was initially expected.

In practice, what this means is that even if an applicant is legally eligible for EB-2 (either by holding an advanced degree or proving exceptional ability) and has a current priority date at a given moment, changes in demand can lead to a redefinition of the available date for processing applications. In certain situations, especially for countries with high demand such as India and China, the dates may retrogress, increasing the waiting time for the petition to advance to the final stage of processing.

It is important to understand that retrogression limits are not fixed or predetermined values; they vary month to month according to the dynamics of visa availability and the volume of applications. Therefore, the Visa Bulletin should be followed regularly, as it reflects the reality of application flow and may indicate, for example, that certain countries are subject to cut-off dates that diverge from the petition submission date.

Given the complexity and importance of following all rules and deadlines established by U.S. immigration law, it is essential to stay updated through official sources and, if necessary, seek companies or specialized professionals that can guide the interpretation of the bulletins and the management of the process, thus avoiding falling victim to scams or marketing campaigns that promise quick and guaranteed results.

Remember: each case has its specificities and following the current laws and guidelines is essential for a correct and safe conduction of the immigration process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.