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EB-3 Visa Retrogression What you need to know

EB-3 Visa Retrogression and its Impact on Green Card Applicants

 

The U.S. Immigration EB-3 (Employment Based) visa is the most common permanent visa for international healthcare professionals to obtain a green card. An EB-3 Visa retrogression is a common occurrence when the demand for visas is greater than the number of available visas. As a results, the U.S. Department of State creates a waiting list for visas that is administered by cutoff dates and priority dates listed on one's I-797 Approval Notice.

Find Out if You Are Impacted by the Current EB-3 Visa Retrogression

January 2024 Visa Bulletin

Each month, the U.S. Department of State releases a bulletin, called the Visa Bulletin, which is a report that summarizes the visa-eligibility cutoff dates. You can use the Visa Bulletin to determine the date when your visa can become active. 

 

The dates corresponding to the country reflect the visa-eligibility cut-off date. If your priority date is on or before the date listed in the chart for your country, you are visa-eligible. If your priority date is after the cutoff date listed for your country, you are not currently visa-eligible.

 

Click the button below to view the most recent Visa Bulletin.

Access the Visa Bulletin

My Priority Date is Impacted by the Visa Retrogression

What should I do next?

Begin or continue the visa application because retrogression does not affect every stage of the application process. We will continue to process your case until it is documentarily completed at the National Visa Center (NVC). Your embassy will not schedule your interview until a visa number is available for you. If your priority date is on or before the cutoff date, you are visa-eligible. 

 

That is why it is important to begin or continue the visa process – you do not want to cause any further delays due to pending items (e.g., passing English scores). 

The EB-3 Visa and the Journey to a Green Card

Let us take a detailed look at the EB-3 Consular Green Card process and why it is important to continue or begin your visa application process, even if your country is under retrogression. There are five steps in the EB-3 Green Card process that need to be completed before you receive your Green Card. Here is an overview of the process for international nurses looking to work in the U.S.: 

 

retrogression-image-1

 

The retrogression delay occurs at Step 4: The Consulate Visa Interview at the U.S. Embassy. You can still begin and/or complete steps 1, 2 and 3. Currently, after step 1 is completed, nurse visa applications will continue to process through steps 2 and 3. 

The applications will remain at the National Visa Center as “Documentarily Complete” until you are visa-eligible, at which time a Consulate Visa Interview at a U.S. embassy can be scheduled. 

Get in the EB-3 Immigration Queue as Soon as Possible!

Obtaining a Green Card is like going to a movie theater. You can purchase a ticket and stand in the queue outside, even if the doors to the theater are not open yet. Your place in the queue affects how soon you enter the theater when they open the doors. Similarly, even if the Department of State is not currently scheduling Visa Interview appointments for those who are not visa-eligible, O'Grady Peyton International and their partnering healthcare facilities can still begin the visa application process and help you get in the queue to be scheduled for an interview. Apply now to begin the process.

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We'll Support You Throughout the Process

O'Grady Peyton International, an AMN Healthcare company, has decades of experience with the immigration process and has successfully navigated multiple visa retrogressions. We highly encourage new candidates to complete the initial stages of the visa process, even if there is a current pause in the later stages.

 

Hear from the immigration experts at O’Grady Peyton International and Connetics USA about the current visa retrogression and what that means for international nurses.

EB-3 Consular Green Card Retrogression FAQs

Can the dates listed on the Visa Bulletin change?

Yes, the U.S. Department of State can move the cutoff dates on the Visa Bulletin backward or forwards. The U.S. Department of State provides updates on these dates monthly.

Can O'Grady Peyton International still file my visa application if I just passed the NCLEX despite the retrogression?

Yes, even though we are in retrogression, O'Grady Peyton International will continue to submit your I-140 petition to USCIS so your priority date can be established.

What do I do when I become visa eligible?

When you are visa eligible, we will communicate directly with the National Visa Center on your behalf to request a Visa Interview for you. There is no need for you to contact the National Visa Center or your Embassy.

Do I need to notify the healthcare facility when I am visa eligible?

Your O'Grady Peyton International account manager is keeping our client facilities fully aware of your status and will notify them the moment your visa interview date is scheduled. Our facilities are eager for you to be cleared and they support our efforts to get you on board with them as soon as possible.

My I-140 petition is approved, am I still impacted by the visa retrogression?

Although your I-140 petition is approved, if your priority date is after the cutoff date for your country of birth, then you are affected by the visa retrogression

Should I wait to resign my current employment if my priority date is under retrogression?

Do not resign from your position until you have your immigrant visa. We encourage you to start the process by applying today or if you are currently in the process with us, please reach out to your Immigration Coordinator with more details on the timing of resigning with your current employer overseas. From there, we can strategize and provide a recommendation.

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