Visa regression is a key concept for immigrants seeking permanent residence in the United States. The U.S. Congress limits the number of available immigration visas per year. In order for the applicant to adjust his status to the status of a legal permanent resident, a visa must be available at the time of application and adjudication.
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The U.S. State Department’s monthly visa announcement determines which applicants can apply based on the priority date. This article provides an in-depth analysis of visa reversal, its reasons and its impact on applicants.
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What is visa reversal?
Visa reversal occurs when the priority date in the visa announcement moves backward, meaning applicants who were previously eligible for the next step in the green card application now have to wait longer.
What is the reason for visa reversal?
Visa reversal may occur due to several factors:
|
factor |
describe |
|
High demand |
More applicants than available visa slots |
|
Per capita limit |
U.S. law limits the number of visas a country issues to individuals |
|
Category Restrictions |
Each visa preference category has an annual cap |
|
End of the fiscal year |
Visa quota reset on October 1, resulting in availability fluctuations |
What are priority dates?
The priority date is the date when the immigration petition is properly filed to the United States Citizenship and Immigration Services (USCIS). In cases involving employment-based immigration, the priority date may correspond to when the Department of Labor (DOL) accepts a labor certification application for processing.
|
Visa Type |
Form for petition |
|
Family-based visa |
Table I-130 |
|
Employment-based visa |
Table I-140 |
The U.S. State Department issues a visa announcement every month with a deadline. If its priority date is before the deadline, the applicant may continue to apply. However, if the date goes backward, the applicant must wait until its priority date becomes current again.
What is a visa announcement?
The visa announcement is published monthly by the State Council and lists the deadlines for different visa categories. These dates determine when the applicant can apply for adjustment status (Form I-485) or obtain final approval for permanent residence.
Who is affected by visa reversal?
Visa reversals mainly affect individuals in visa categories based on employment and family sponsorship:
Visa categories employed are affected
- EB-2 (Advanced Degree Professional): Especially impact on applicants in India and China.
- EB-3 (skilled and other workers): Due to the high demand, it often experiences backwards.
Family sponsored visa categories affected
- F1: The children of our citizens who are unmarried.
- F2B: Green card holder of unmarried son and daughter (21 years old or older).
- F4: Brothers and sisters of American citizens.
How does visa reversal affect green card applicants?
When the visa goes backward, it affects the green card applicant in different ways:
|
Condition |
The impact of reversal |
|
Adjustment status (AOS) |
Applications are suspended until the priority date becomes current. |
|
Consular handling |
See more : Optical Illusion Test: Only Extra Sharp Eyes Can Find the Word Great in 10 Secs Visa interviews cannot be scheduled until the current priority date. |
|
Work authorization |
If the applicant has received the Employment Authorization Document (EAD), he or she can continue working while she is waiting. |
|
Travel authorization |
Prepared parole (AP) holders can continue traveling, but new applicants may experience delays. |
How USCIS handles the case of renovation
|
Case type |
Location until visa is available |
|
Employment-based cases |
National Welfare Center (NBC) |
|
Family sponsored cases |
National Welfare Center (NBC) |
USCIS will resume processing when the applicant’s priority date becomes current again in the visa announcement.
What can applicants do during the reversal period?
Employment and Travel
Applicants who correctly submit Form I-485 before returning can apply:
- Employment Authorization Document (EAD) using Form I-765
- Travel using Form I-131 Prepared
Update information
It is crucial to keep USCIS updated with the current address to avoid the lack of important notifications. Applicants should:
- Update its address through USCIS Change Address Information System
- If you apply from overseas, please notify the National Visa Center (NVC) address change
How to manage visa reversal?
Key steps for applicants
- Surveillance Visa Announcement: The U.S. State Department releases it monthly.
- Consult an immigration lawyer: Professional advice can help browse backward complexity.
- Explore alternative visa categories: In some cases, applicants may be eligible for other employment-based categories with shorter waiting times.
- Maintain a valid work and travel license: If you have an EAD or AP, make sure to renew it in time.
in conclusion
Visa reversal can significantly delay the applicant’s immigration process, which often leads to uncertainty. Keeping notifications through visa announcements, keeping contact information updated, and maintaining effective work and travel documents can help applicants drive effectively in this challenging situation.
Source: https://dinhtienhoang.edu.vn
Category: Optical Illusion