What Is Priority Date Retrogression?
A priority date retrogression occurs when the State Department moves the "final action date" for an employment-based immigrant visa category backward in time. This means workers whose priority dates were previously current ā and whose adjustment of status applications could be filed ā must now wait again.
ā ļø Educational notice: This content is for informational purposes only and does not constitute legal advice. Consult a licensed immigration attorney for guidance specific to your situation.
March 2026 Visa Bulletin ā India Employment-Based
| Category | February 2026 | March 2026 | Change |
|---|---|---|---|
| EB-1 (India) | March 1, 2022 | March 1, 2022 | Unchanged |
| EB-2 (India) | June 1, 2013 | January 1, 2013 | ā Retrogressed 5 months |
| EB-3 (India, Skilled) | May 22, 2012 | May 22, 2012 | Unchanged |
| EB-3 (India, Other) | January 1, 2010 | January 1, 2010 | Unchanged |
Source: U.S. Department of State Visa Bulletin Vol. 54, No. 6 (March 2026)
Why Does This Happen?
The annual employment-based visa quota is capped at approximately 140,000 visas per year across all categories and countries. India is subject to the per-country cap of 7% of the total ā roughly 9,800 visas/year ā despite Indian nationals representing the largest share of employment-based petitions (>70% of EB-2/EB-3 filings).
When USCIS approves more adjustment of status applications than expected, the State Department retracts final action dates to manage annual visa usage.
What This Means for H-1B Holders
- Workers with India EB-2 priority dates after January 1, 2013 cannot file Form I-485 in March 2026 under the final action date chart
- Workers whose I-485 was already accepted and pending are not affected (AC21 portability continues to apply)
- Workers can still use the dates for filing chart if published, which may allow I-485 filing even when the final action date has retrogressed
Estimated Wait Times by Category (India)
| Category | Approximate Current Wait |
|---|---|
| EB-1 India | ~4 years |
| EB-2 India | ~10ā12 years |
| EB-3 Skilled India | ~11ā13 years |
These are approximations based on current backlog and annual quota usage. Individual timelines vary significantly.