EB-3 Consular Green Card Retrogression FAQs
Navigating EB-3 visa retrogression as a foreign nurse can be a confusing and scary process. To ease your anxieties, AMN Healthcare International and Connetics USA are here to support you and keep you informed. Check out our our US Immigration EB-3 Retrogression FAQs to get more clarity on the current Retrogression situation and how it may affect you.
We also encourage our international nurses to join our monthly Onwards & Upwards LIVE Immigration Q&A show from 10am - 11am EST (New York time). Follow us on social media and take advantage of this opportunity to ask our immigration attorney partners your immigration questions LIVE! It's completely free to join and another way our Circle of Support continues to assist our nurses throughout their entire journeys -- no matter how long it may take.
Since your priority date is before the December 1, 2021 date listed on the current visa bulletin, you are not affected.
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.
Since your priority date is after December 1, 2021, you are affected by visa retrogression.
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.
No, since your visa was already issued, the issuance of your Green card will not be affected.
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).
Yes, subsequent visa bulletins can move the cutoff date backwards or forwards.
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.
Visa retrogression is ongoing. The cutoff dates move with visa availability.
A 221g notice is issued to an applicant (at the Embassy interview) when the visa application is missing the necessary documents/information for processing.
During retrogression Visa fees or filing fees will not expire while you wait for visa availability.
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.
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.
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.
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.
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.
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.
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.
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.
No, you cannot adjust status with pending asylum until one year after your asylum has been granted.
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.
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)
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.
Even though we are in retrogression, CONNETICS will continue to submit your I-140 applications to USCIS so your priority date can be established.
Five years from date of issuance.
No. If consular filing you must attend an interview in an Embassy or Consulate overseas.
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.
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.
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.
Yes, even though there is visa retrogression, the I-140 application can be submitted to USCIS so your priority date can be established.
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.
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.
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.
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.
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.
No, Healthcare workers are impacted by the retrogression and have to abide by the Department of State visa cutoff dates.
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.
You are not impacted by the retrogression if your priority date is on or before December 1, 2021. Your case will continue as normal.
Your visascreen is valid for 5 years from the issuance date (expiry date is listed on the top right hand corner of the certificate).
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.
You are not affected by the retrogression as your priority date is before December 1, 2021.
No, your case will not be affected by the retrogression as your priority date is before December 1, 2021.
Yes, please continue to pay your fees and submit all documents so that your file can get to DQ.
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.
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.
Yes, please continue to pay your fees and submit all documents to continue your file moving to DQ.
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.
Your case is considered current when your priority date comes before the visa eligible cutoff date on the Visa Bulletin.