Question 1

My priority date is November 1, 2021. Am I affected by the current retrogression?

Accepted Answer

Since your priority date is before the December 1, 2021 date listed on the current visa bulletin, you are not affected.

Question 2

What do you mean with cutoff dates of December 1, 2021? Please explain further.

Accepted Answer

December 1, 2021 is the established cutoff date for you (EB3) to compare with your Priority date on your approval notice. If your Priority date is on or before December 1, 2021, you are not affected by retrogression. If your priority date is after December 1, 2021, you are affected by retrogression.

Question 3

I'm currently awaiting a visa interview date. My priority date is September 6, 2022. How does retrogression affect me?

Accepted Answer

Since your priority date is after December 1, 2021, you are affected by visa retrogression.

Question 4

How long will it take for retrogression to end?

Accepted Answer

Visa retrogression has always existed but during the pandemic there were extra visas and therefore cutoff dates did not retrogress. Each year there is a quota of visa numbers available (Fiscal year is Oct to Sept) and there are twice as many applicants as there are visa numbers. The Department of State controls the issuance of visas by moving the cutoff dates in the monthly visa bulletin. As it gets closer to the end of the Fiscal Year the dates may retrogress more as they run out of visa numbers.

Question 5

Will the issuance of my green card be affected because of the retrogression as my immigrant visa was already approved and I have already paid for the USCIS fee?

Accepted Answer

No, since your visa was already issued, the issuance of your Green card will not be affected.

Question 6

Will the processing for my family's visa be affected since they will follow to join in the US after a year?

Accepted Answer

If your priority date is on or after December 1, 2021 (current cutoff date) they cannot be issued a visa (your priority date is your family’s priority date).

Question 7

Can retrogression move before December 1, 2021 in the subsequent bulletins?

Accepted Answer

Yes, subsequent visa bulletins can move the cutoff date backwards or forwards.

Question 8

My priority date is in January 2022. So how much time can we predict to get to the visa interview?

Accepted Answer

We cannot predict when you will have an interview as there are too many variables at play. However, an interview cannot be scheduled until your priority date is considered current.

Question 9

How long do you think retrogression will last for, year or months?

Accepted Answer

Visa retrogression is ongoing. The cutoff dates move with visa availability.

Question 10

What is a 221g?

Accepted Answer

A 221g notice is issued to an applicant (at the Embassy interview) when the visa application is missing the necessary documents/information for processing.

Question 11

What if you pay your NVC fees before retrogression, will it be expired after certain time and we need to repay it?

Accepted Answer

During retrogression Visa fees or filing fees will not expire while you wait for visa availability.

Question 12

Does Retrogression mean the whole process will take longer?

Accepted Answer

Yes, if you are affected by the retrogression the process may take longer since your interview will not be scheduled until your priority date is current.

Question 13

If I attended my embassy appointment and my priority day is after December 2021, will the embassy take my passport till they issue a visa or the embassy will ask me to mail my passport for visa stamping after my priority dare becomes current?

Accepted Answer

First, the embassy may cancel your appointment. If they don't cancel and you attend your interview, the embassy may ask you to mail in your passport for visa stamping when your priority date is current.

Question 14

If I am already in the US as a visitor, and my I-140 was filled while I was outside the US, can I start working while waiting for the appointment date? I am case complete and priority date is after December 2021

Accepted Answer

No, you cannot start working. You will have to return to your home country to complete the Embassy interview when your priority date is current.

Question 15

Will embassies issue interview dates for those not affected?

Accepted Answer

Yes, if your priority date is before December 1, 2021, you are not affected by the retrogression and your case will move forward as normal.

Question 16

Let's say I proceeded with the scheduled embassy interview with no medicals, and interview was ok but no visa, my question is what will happen when my PD becomes current or reached the  cutoff date?

Accepted Answer

The Embassy will give you a 221g for missing medicals. To avoid your medical expiring in six months, we ask that you only submit your medicals when your priority date is current.

Question 17

Irrespective of the retrogression, can CONNETICS still issue file for VISA’s after passing NLCEX?

Accepted Answer

Yes, your application can be submitted to USCIS and once the I-140 application is approved, continue to process through the National Visa Center (NVC). After the NVC completes your case, your Embassy interview will not be scheduled until your priority date is current.

Question 18

Is the retrogression country specific?

Accepted Answer

Yes, though most countries are grouped together as they always have the same cutoff date. However, a few countries are listed individually as those countries have a higher number of applicants and may be retrogressed more significantly eg. India and China. Most countries have a cutoff date of December 1, 2021 as of July 2024.

Question 19

If your International English Language Testing System (IELTS) expires before visa interview, do we need to retake it?

Accepted Answer

Our international nurse recruitment agency is monitoring the expiry of your English. We should have your visascreen issued before the expiry of the results. Email CONNETICS.licensure@ogradypeyton.com if your scores are within 6 months of expiring and you don't have a visascreen. We only apply for a Visascreen if you have passed NCLEX. If your US license in your state of assignment requires current English scores you may have to retake the English test.

Question 20

If I have a pending asylum and I'm trying to adjust my status without the retrogression would I be able to do that?

Accepted Answer

No, you cannot adjust status with pending asylum until one year after your asylum has been granted.

Question 21

How do you know if you are Visa qualified/eligible?

Accepted Answer

December 1, 2021 is the established cutoff date for you to compare with your Priority date on your approval notice. If your Priority date is on or before December 1, 2021, you are visa eligible. If your priority date is after December 1, 2021, you are affected by retrogression and are not visa eligible at this time.

Question 22

Should I still go ahead and do job interviews?

Accepted Answer

Yes. Our Account Management Team are still presenting your profile to job orders with our clients. You should be checking your email regularly (and SPAM) to check for emails from our team members (@amnhealthcare.com)

Question 23

I resigned from my current job just before the announcement of the retrogression. I am not sure what's next now. Will my employer still hire me or I need to get a new job until the visa issuance resumes?

Accepted Answer

Please reach out to your Immigration Coordinator to provide more details on your situation. We always recommend that you should remain working in an acute care setting until your visa is issued.

Question 24

Will CONNETICS apply for I 140 even now retrogression happened or for new candidates they should wait after retrogression finished?

Accepted Answer

Even though we are in retrogression, CONNETICS will continue to submit your I-140 applications to USCIS so your priority date can be established.

Question 25

What is the validity period of visa screen?

Accepted Answer

Five years from date of issuance.

Question 26

Is it possible to get a visa without an interview?

Accepted Answer

No. If consular filing you must attend an interview in an Embassy or Consulate overseas.

Question 27

Will I need to renew my police clearances even after I'm Documentarily Qualified

Accepted Answer

Police clearance letters are valid for 12 months from the date of issuance. You will need a current police clearance from your current country of residence. You may also need a current one as part of your pre start requirements in the USA.

Question 28

What is the Eb3 visa availability for people who are in the US already under an OPT ? does it change anything? if I start the process right now and CONNETICS files I-140 when do you think I'll be able to get a Eb3 approved?

Accepted Answer

For those under OPT residing in the US, your I-140 can be filed but due to retrogression you cannot adjust your status until a visa number is available to you and you are visa eligible. We recommend you file your I-140 to establish your priority date.

Question 29

Can we renew our contracts wherever we are currently since we do not know when we are coming to the U. S?

Accepted Answer

Please reach out to your Immigration Coordinator with more details on your renewal of contract overseas. How long will you have to renew for and what will your notice period be etc.

Question 30

Can CONNETICS still file for Visa for those who just passed the NLCEX despite the retrogression?

Accepted Answer

Yes, even though there is visa retrogression, the I-140 application can be submitted to USCIS so your priority date can be established.

Question 31

If my case affected by retrogression, and I have job placement already, is the hospital will wait for me until my visa approved or do I need to placed again?

Accepted Answer

Your assignment will remain the same as we are keeping our client hospitals fully aware of any delays with your start. However, in the eventuality that a client no longer has your position available, our Account Management Team will work with you to secure a new assignment.

Question 32

Please if the hospital you are supposed to work in  is expecting you in November 2023 and with the retrogression in visa issuance and you are not able to be in the United states at that time, will your contract with the hospital you are supposed to travel to hold ?

Accepted Answer

The Account Management Team are keeping the US hospitals fully aware of visa retrogression and the clients understand the potential delays and are willing to wait for you. If for any reason a hospital no longer has a position when you are ready to travel then the AMs will confirm another assignment.

Question 33

Will NVC still send our documents to the embassy if we are qualified even if our priority date is not current? I’ve been qualified since April 9.

Accepted Answer

The NVC will hold your documents and not schedule your Embassy appointment until you are visa eligible. They will not send your file to the Embassy if you are not visa eligible.

Question 34

Does adding a dependent such as a child in your petition after case complete have any impact on your priority date or case complete?

Accepted Answer

No, your priority date was established when USCIS received your I-140 application and so your priority date will not change. However, it would change your case complete date so it would be better to add the child when your file is sent to the Embassy. When you are visa eligible the NVC then uses your DQ date rather than the PD to schedule your interview.

Question 35

My interview was successful in February, but we have not yet traveled to activate it. Will this affect us?

Accepted Answer

If you have been issued a Visa you have six months to activate your visa (check expiry date on your visa) and are not impacted by the retrogression.

Question 36

Is there any priority for health workers in this retrogression issues?

Accepted Answer

No, Healthcare workers are impacted by the retrogression and have to abide by the Department of State visa cutoff dates.

Question 37

My I -140 was issued last month. How would visa retrogression affect me?

Accepted Answer

If your priority date is on or after December 1, 2021, then you are impacted by the retrogression and your case will continue to the NVC for processing; however, you will not be scheduled for an Embassy Interview until you are visa eligible.

Question 38

Can you run through what to expect if your priority date is before December 1, 2021?

Accepted Answer

You are not impacted by the retrogression if your priority date is on or before December 1, 2021. Your case will continue as normal.

Question 39

My visa screen was issued on February 2023 what is the validity period. When will it expire?

Accepted Answer

Your visascreen is valid for 5 years from the issuance date (expiry date is listed on the top right hand corner of the certificate).

Question 40

I am from the Philippines and in the USA already using h4 Visa dependent of H1B. I just signed up with CONNETICS and still waiting for an updates about my application. Am I affected also with the retrogression?

Accepted Answer

Yes, when your I-140 is approved you will have a priority date after December 1, 2021 and so you will be impacted by the retrogression and we would be unable to adjust our status from H4 until you are visa eligible.

Question 41

I am waiting for my DG, My priority date is in 2007 June, will it affect my document progress, or any delay expected? kindly answer

Accepted Answer

You are not affected by the retrogression as your priority date is before December 1, 2021.

Question 42

Will now this retrogression affect cases which are under administrative processing even though priority date is before February?

Accepted Answer

No, your case will not be affected by the retrogression as your priority date is before December 1, 2021.

Question 43

Should I go ahead to pay for my visa bill fee?

Accepted Answer

Yes, please continue to pay your fees and submit all documents so that your file can get to DQ.

Question 44

During this time while we are in waiting list are we eligible to apply for a visit visa for USA?

Accepted Answer

You can apply however the US Embassy may refuse the visitor visa application as you have an immigrant visa pending. Make sure to answer all questions on the visitor visa correctly if you do apply.

Question 45

Can we still re-apply to the same facility where I initially signed a job offer and now they emailed me of cancellation of pending contract?

Accepted Answer

Please contact your Immigration Coordinator or Case Specialist if you receive any email from a facility cancelling your contract as this is not the normal procedure. We will follow up with your Account Manager to evaluate this situation.

Question 46

Can the visa bill still be paid? Can the visa bill still be paid without complicating the immigration process?

Accepted Answer

Yes, please continue to pay your fees and submit all documents to continue your file moving to DQ.

Question 47

I have a priority date of 2007 now its recaptured so will I be affected by retrogression I'm form India?

Accepted Answer

If your priority date of 2007 was recaptured, you are not impacted by the retrogression and your case will continue to the NVC for processing and they will schedule your interview.

Question 48

How will I know that my case is current?

Accepted Answer

Your case is considered current when your priority date comes before the visa eligible cutoff date on the Visa Bulletin.

EB-3 Consular Green Card Retrogression FAQs