US Visa Retrogression: Causes, Effects, and Implications for EB-5 and Green Card Applicants

 

Understanding Visa Retrogression and Its Impact on Green Card Applicants

US Visa Retrogression: Causes, Effects, and Implications for EB-5 and Green Card Applicants

Individuals applying for employment-based visas and green cards, particularly from India, will experience extended wait times due to visa retrogression, as indicated in the latest Visa Bulletin from the U.S. Department of State. According to the bulletin, India will face a retrogression exceeding two years, while applicants from China will see delays of approximately two and a half years.

The April 2025 Visa Bulletin provides key updates for employment-based (EB) immigrant visa categories. While India faces significant setbacks in the EB-5 Unreserved category, China will also experience a delay of around two and a half years. However, all other nations remain unaffected and will continue to have current status in this category.

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What Is Visa Retrogression?

Visa retrogression occurs when the U.S. Department of State moves the priority dates for visa availability backward instead of forward in the Visa Bulletin, leading to delays for green card applicants.

A priority date refers to the date on which the U.S. Citizenship and Immigration Services (USCIS) receives an immigrant petition. When retrogression happens, applicants who were previously eligible to proceed with their green card applications must now wait longer. Although temporary, this setback significantly extends the waiting period for many hopeful immigrants.

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Why Does Retrogression Happen?

Each year, the U.S. government sets a cap on the number of immigrant visas and green cards issued per country and category. If the number of applications surpasses the annual limit, retrogression is implemented to control the backlog.

Even individuals who were previously eligible to move forward in the process may now be required to wait until their priority date becomes available again.

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How Retrogression Affects Green Card Applicants

The impact of visa retrogression differs based on whether the applicant is inside or outside the United States:

• Applicants Inside the U.S.: If you have already applied for a green card, your application will be put on hold until your priority date becomes current again.
• Applicants Outside the U.S.: You will not be able to schedule a visa interview until your priority date is available.

For those who have already filed for a green card and received an Employment Authorization Document (EAD) or Advance Parole (AP), work authorization remains valid while waiting for further processing.

It is important to note that if an applicant’s priority date has been retrogressed, their application is not canceled—only temporarily delayed.

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Trump’s New ‘Gold Card’ Residency Program

In February 2025, President Donald Trump introduced a new pathway to U.S. residency and citizenship: the "gold card," which comes with a $5 million price tag. This has sparked speculation about whether the EB-5 investor visa program—a popular route for high-net-worth individuals—will eventually be replaced by the gold card initiative.

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What Is the EB-5 Unreserved Category?

Since assuming office on January 20, 2025, President Trump has rolled out a series of immigration-related executive orders aimed at reducing undocumented immigration.

Key measures include:

• Increased deportations of undocumented immigrants via government-sponsored flights.
• Strengthening border security with 1,500 active-duty troops stationed along the U.S.-Mexico border.
• Halting asylum processing with orders for border patrol agents to turn away migrants without granting asylum hearings.

With these immigration policies taking effect, green card applicants—especially those relying on the EB-5 investor visa—face uncertainty amid potential legislative changes.