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.
The Visa Bulletin potentially changes every month. We wrote the FAQs below based on the example scenario the Visa Bulletin is set for December 1, 2021
My priority date is November 1, 2021. Am I affected by the current retrogression?
Since your priority date is before the December 1, 2021 date listed on the current visa bulletin, you are not affected.
What do you mean with cutoff dates of December 1, 2021? Please explain further.
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.
I'm currently awaiting a visa interview date. My priority date is September 6, 2022. How does retrogression affect me?
Since your priority date is after December 1, 2021, you are affected by visa retrogression.
How long will it take for retrogression to end?
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.
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?
No, since your visa was already issued, the issuance of your Green card will not be affected.
Will the processing for my family's visa be affected since they will follow to join in the US after a year?
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).
Can retrogression move before December 1, 2021 in the subsequent bulletins?
Yes, subsequent visa bulletins can move the cutoff date backwards or forwards.
My priority date is in January 2022. So how much time can we predict to get to the visa interview?
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.
How long do you think retrogression will last for, year or months?
Visa retrogression is ongoing. The cutoff dates move with visa availability.
What is a 221g?
A 221g notice is issued to an applicant (at the Embassy interview) when the visa application is missing the necessary documents/information for processing.
What if you pay your NVC fees before retrogression, will it be expired after certain time and we need to repay it?
During retrogression Visa fees or filing fees will not expire while you wait for visa availability.
Does Retrogression mean the whole process will take longer?
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.
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?
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.
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
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.
Will embassies issue interview dates for those not affected?
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.
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?
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.
Irrespective of the retrogression, can CONNETICS still issue file for VISA’s after passing NLCEX?
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.
Is the retrogression country specific?
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.
If your International English Language Testing System (IELTS) expires before visa interview, do we need to retake it?
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.
If I have a pending asylum and I'm trying to adjust my status without the retrogression would I be able to do that?
No, you cannot adjust status with pending asylum until one year after your asylum has been granted.
How do you know if you are Visa qualified/eligible?
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.
Should I still go ahead and do job interviews?
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)
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?
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.
Will CONNETICS apply for I 140 even now retrogression happened or for new candidates they should wait after retrogression finished?
Even though we are in retrogression, CONNETICS will continue to submit your I-140 applications to USCIS so your priority date can be established.
What is the validity period of visa screen?
Five years from date of issuance.
Is it possible to get a visa without an interview?
No. If consular filing you must attend an interview in an Embassy or Consulate overseas.
Will I need to renew my police clearances even after I'm Documentarily Qualified
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.
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?
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.
Can we renew our contracts wherever we are currently since we do not know when we are coming to the U. S?
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.
Can CONNETICS still file for Visa for those who just passed the NLCEX despite the retrogression?
Yes, even though there is visa retrogression, the I-140 application can be submitted to USCIS so your priority date can be established.
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?
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.
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 ?
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.
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.
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.
Does adding a dependent such as a child in your petition after case complete have any impact on your priority date or case complete?
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.
My interview was successful in February, but we have not yet traveled to activate it. Will this affect us?
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.
Is there any priority for health workers in this retrogression issues?
No, Healthcare workers are impacted by the retrogression and have to abide by the Department of State visa cutoff dates.
My I -140 was issued last month. How would visa retrogression affect me?
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.
Can you run through what to expect if your priority date is before December 1, 2021?
You are not impacted by the retrogression if your priority date is on or before December 1, 2021. Your case will continue as normal.
My visa screen was issued on February 2023 what is the validity period. When will it expire?
Your visascreen is valid for 5 years from the issuance date (expiry date is listed on the top right hand corner of the certificate).
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?
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.
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
You are not affected by the retrogression as your priority date is before December 1, 2021.
Will now this retrogression affect cases which are under administrative processing even though priority date is before February?
No, your case will not be affected by the retrogression as your priority date is before December 1, 2021.
Should I go ahead to pay for my visa bill fee?
Yes, please continue to pay your fees and submit all documents so that your file can get to DQ.
During this time while we are in waiting list are we eligible to apply for a visit visa for USA?
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.
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?
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.
Can the visa bill still be paid? Can the visa bill still be paid without complicating the immigration process?
Yes, please continue to pay your fees and submit all documents to continue your file moving to DQ.
I have a priority date of 2007 now its recaptured so will I be affected by retrogression I'm form India?
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.
How will I know that my case is current?
Your case is considered current when your priority date comes before the visa eligible cutoff date on the Visa Bulletin.