What to Do If Your Priority Date Retrogresses While Your Green Card Application Is Pending?

Published: January 6, 2025

The availability of a green card is subject to whether your priority date is current. The monthly Visa Bulletin released by the US Department of State (DOS) reflects how priority dates move forward or retrogress. 

Various factors influence the priority date movement. But generally, applicants often have to wait longer for the priority date to become current when the number of green card filings exceeds the annual visa limits. That’s because the DOS must ensure the allocation of visas would last throughout the fiscal year. 

Your green card application will remain on hold until the priority date moves forward again. Although such a delay can be daunting, prompt action can help you handle the situation better. Let’s explore the steps you should take when dealing with priority date retrogressions. 

Understand How Priority Dates Move

Understanding how priority dates move is crucial before taking any steps. You can only access your visa when your priority date is on or earlier than the cutoff date indicated in the Visa Bulletin. 

If it falls later than the cutoff date, you must wait until it becomes current to proceed with the application process. Although these dates typically remain fixed, they can shift based on your visa category and country. 

For instance, you can expect the priority to move forward quickly if your country has less demand. Meanwhile, more people applying for visas can cause further delays in the waiting period. You may temporarily lose eligibility until more visas are available in the following fiscal year. 

Ensure Your Status Remains Valid 

Adjusting your status is one way to move forward when your priority date is current. You can apply for adjustment of status if you’re residing in the US. This means you don’t need to return to your home country to secure permanent residency. 

Unfortunately, the US Citizenship and Immigration Services (USCIS) will put your application on hold if your priority date is no longer current. Use this waiting period to ensure your nonimmigrant status remains valid and compliant with US immigration laws. 

Request Permission to Secure Employment

There’s a period of authorized stay while your green card application is still pending with the USCIS. That means you’re allowed to remain in the US. However, your ability to secure employment during periods of priority date retrogression will depend on whether you have a work permit. 

You can apply for an Employment Authorization Document (EAD) when you’re already in the US and have a pending green card application. Unless you’re a lawful permanent resident or hold a nonimmigrant status that allows you to work for a particular employer, you need an EAD to work legally while USCIS holds your application. 

Update Your Supporting Documents

You must update your supporting documents while your green card application remains on hold. For instance, you move to a different location. Ensure to notify the USCIS of your new address within 10 days of relocating. Failure to do so can result in not receiving essential notices about your case. 

Submitting updated proof of your continued eligibility for the specific green category is crucial as well. By doing this promptly, you can avoid delays once your priority date becomes current again. 

Explore Other Visa Categories

There are instances where your priority date moves forward in a different category. In that case, you can request to switch to that category. Suppose you have a pending petition for another work visa category currently eligible for processing. You can ask to utilize that for your green card application. 

However, as outlined in the American Competitiveness in the Twenty-First Century Act (AC21), which pertains to job portability, you may only be allowed to do that if your application has been on hold for over 180 days.

Speak to ALG Lawyers About Your Options

Every case is different. Before taking any action, speak to an experienced Los Immigration Lawyer to get valuable legal guidance for your immigration concerns. Our team at ALG Lawyers will assist you in making informed decisions while going through the intricacies of the US immigration process. Request a consultation now to discuss the possible options for your specific situation.