Why can't I get my green card when my EB-2 NIW is approved? Visa Retrogression

VISA BULLETIN AND EB-2 NIW VISA RETROGRESSION

6/1/2023

The U.S. visa bulletin is a monthly publication that lists the availability of immigrant visas for each country and category, including the employment-based (EB) category of which the EB-2 NIW is a part. Visa retrogression occurs when the number of applications for a particular category or country exceeds the number of visas available. This can cause delays in the processing of green card applications.

There are a number of factors that can contribute to visa retrogression, including:

High demand for visas: The demand for immigrant visas has been increasing in recent years, due to a number of factors, including the growth of the global economy and the increasing number of people who want to live and work in the United States.
Limited supply of visas: The number of immigrant visas that are available each year is limited by law. This is because the U.S. government sets a cap on the number of visas that can be issued each year.
Per-country limits: The U.S. government also sets per-country limits on the number of immigrant visas that can be issued each year. This means that the number of visas that are available to each country is limited, regardless of the demand for visas from that country.

Visa retrogression can have a significant impact on people who are seeking to immigrate to the United States and to those who are in the United States and have a nonimmigrant visa that is about to expire. If you are considering a petition for an EB-2 with national interest waiver, it is important to be aware of the possibility of visa retrogression. Not only do processing times vary from just a few months to far more than a year, but if your EB-2 NIW petition is approved, you may not have a priority date that is current on the visa bulletin because of visa retrogression.

If you are facing visa retrogression, there are a few things that you can do:

Be patient: Visa retrogression is a temporary problem. The number of visas available will eventually increase, and you will be able to obtain a green card.
Maintain your nonimmigrant status if you are already in the USA: If you have a nonimmigrant visa, such as an H-1B, F-1, or TN, you will need to maintain it to remain in the United States because you will not be able to adjust status to a green card without a current priority date.
Stay informed: Keep up-to-date on the latest developments in immigration law and on the availability of visas.