How long does green card renewal take in 2026? Form I-90 timeline
9 mins read | Jun 2, 2026
RETROGRESSION EXPLAINED
Contributor
Tukki
Reading time
10 mins read
Date published
May 28, 2026
Update, May 2026 USCIS policy memo. On May 21, 2026, USCIS issued memo PM-602-0199, framing Form I-485 adjustment of status as discretionary relief reserved for cases with unusual or outstanding equities. The heightened standard applies to every pending I-485, regardless of when it was filed. Consular processing abroad is positioned as the default green card path. The memo doesn't change how the Visa Bulletin works or when your priority date becomes current; it changes what happens after you file the I-485. Concurrent filing of I-140 and I-485 still exists as an option but now sits inside this discretionary review, so the decision to file inside the U.S. versus going through a U.S. consulate is worth discussing with an attorney before committing.
Last reviewed: May 27, 2026.
The Visa Bulletin isn't moving for one of three reasons: too many people in your category and country are ahead of you in line (demand exceeds supply), the 7% per-country cap is throttling movement for India or China, or the State Department is holding dates steady to avoid retrogression late in the fiscal year. Stuck dates are common, retrogression is real, and waits for India EB-2 stretch past a decade. This guide explains the mechanics, names which categories are most affected, and walks through what you can still do while you wait.
When people say the Visa Bulletin "isn't moving," they usually mean their priority date hasn't gone current for months despite consistent monthly bulletin releases. That can mean three different things underneath, and the answer to "what can I do about it" depends on which one is happening to you.
A stuck date is a Final Action Date or Date for Filing that holds at the same value for two or more consecutive months. India EB-2 in particular can stall on the same cutoff for an entire quarter while the State Department balances demand and supply.
Slow movement is when the date moves forward but only by days or weeks per month. The math on slow movement is brutal: if EB-2 India advances by one month every two months, an applicant whose priority date is two years behind the current cutoff is looking at four years of additional wait.
Retrogression is when the cutoff date moves backward, pushing applicants out of "current" status who were current the month before. Retrogression is the most disruptive of the three because it can derail I-485 filings already in motion. We cover retrogression in detail in the next section.
Retrogression is when the State Department pulls a Final Action Date or Date for Filing backward in the monthly Visa Bulletin. Applicants whose priority dates were current under last month's chart are no longer current under this month's chart. Retrogression is rare but not exceptional; it happens most often late in the fiscal year (July, August, September) when annual visa quotas are running low.
The State Department forecasts demand against the available visa supply for each category and country every month. If forecasted demand is going to overshoot the annual cap before September 30, the State Department retrogresses the cutoff date to throttle new filings. Applicants who haven't yet filed an I-485 can't file under the retrogressed date. Applicants who already filed an I-485 keep their filing on file, but USCIS pauses adjudication until the priority date becomes current again.
Retrogression happens because the U.S. employment-based visa system is supply-constrained. Roughly 140,000 employment-based green cards are available per fiscal year across all categories, with a 7% per-country cap. When demand from any country in any category exceeds those limits, the State Department has to slow new filings or risk exceeding the legal cap. Retrogression is the mechanism that throttles back.
For India and China in EB-2 and EB-3, retrogression is common because demand from those countries is far above the 7% cap. For most other countries, retrogression is rare because demand is closer to or below the available supply.
Three underlying factors drive the stuck-date pattern: demand outstripping supply, the 7% per-country cap, and the annual fiscal year cycle. Understanding all three is what makes the bulletin readable.
The U.S. issues roughly 140,000 employment-based green cards per fiscal year, allocated across five preference categories (EB-1 through EB-5) and split by per-country caps. When the number of qualified applicants with priority dates from a particular country exceeds the visa numbers available for that country in that category, the cutoff date can't advance freely.
For India EB-2 specifically, the demand backlog is measured in the tens of thousands of applicants competing for roughly 2,800 visas per year that India can use under the per-country cap (plus a share of any spillover). The math means India EB-2 can't move forward faster than visas become available, regardless of what other countries are doing.
The Immigration and Nationality Act sets a 7% per-country cap on family-based and employment-based green cards. No single country can use more than 7% of the annual quota in a given year. That cap is the single biggest reason India and China see employment-based waits that stretch into years while the same categories are current for most other countries.
The 7% cap is country-of-birth based, not citizenship based. An applicant born in India who later took Canadian citizenship still falls under the India per-country cap. A spouse can sometimes use the spouse's country of chargeability if that helps, through cross-chargeability rules, but the core math stays the same: India and China are oversubscribed, everywhere else (mostly) isn't.
The visa allocation year runs October 1 through September 30. Each October 1, the visa numbers for the new fiscal year become available, and the cutoff dates often move forward in jumps that month. If retrogression happened in July through September, the October bulletin typically reverses it. The net pattern is: forward movement October through April, slower movement May through July, occasional retrogression July through September.
That cycle is why advisors often tell India and China applicants to file I-485 in October if a forward jump makes them current, since the jump may not last past July.
Retrogression and stuck dates concentrate heavily in India and China EB-2 and EB-3. EB-1 sees retrogression less often but it does happen for India. EB-4 and EB-5 sub-categories have their own dynamics outside the scope of most professional applications.
EB-2 India is the most backlogged employment-based category in the system. Priority dates in mid-2026 sit in the early 2010s, which translates to a decade-plus wait between I-140 filing and current status. Movement in EB-2 India is unpredictable: forward jumps tied to fiscal year resets, long stalls, and occasional sharp retrogression.
EB-3 India typically tracks within one to three years of EB-2 India, sometimes ahead and sometimes behind. When EB-3 India is ahead of EB-2 India, applicants with approved EB-2 I-140s sometimes downgrade to EB-3 by filing a new EB-3 I-140 against the same PERM. Our PERM EB-2 or EB-3 guide walks through when downgrading makes sense.
China EB-2 and EB-3 are oversubscribed but less so than India. Waits typically run 3 to 6 years rather than the 10-plus seen for India. China-born applicants see retrogression less often than India but movement can still stall for quarters at a time.

Spillover is the mechanism that moves dates forward beyond what the per-country cap would otherwise allow. Spillover flows in two directions and is one of the few levers that can produce sudden forward jumps in EB-2 India or EB-3 India dates.
The first spillover flow happens at the start of each fiscal year. Any family-based visa numbers that went unused in the prior fiscal year cascade down to EB-1 for the new fiscal year. That's why EB-1 often goes current or near-current in October, even when other categories are still backlogged. India and China EB-1 typically benefit most from this spillover because they're the most demand-constrained EB-1 columns.
The second spillover flow happens within the employment-based system. Any EB-1, EB-4, or EB-5 visa numbers unused during the year cascade down to EB-2, and any EB-2 numbers unused cascade to EB-3. The cascade is what produces the occasional sharp forward jumps in EB-2 India: when EB-1 worldwide doesn't use its full quota, the unused numbers spill into EB-2 and the State Department uses them on the oversubscribed India and China columns.
The cascade isn't predictable. Some years see large EB-1 spillover, other years almost none. The State Department adjusts its forecasts based on actual usage and announces the cascades through the bulletin's commentary section.
You have real options even when your priority date is stuck. Some keep you in your current category and protect your priority date; others move you into a faster-moving category.
If EB-3 cutoff dates are ahead of EB-2 for your country, you can file a new EB-3 I-140 against your existing PERM and use the earlier of the two priority dates. The downgrade doesn't require redoing PERM; the same labor certification supports both I-140s. The downside is the cost of a second I-140 filing and the fact that EB-3 movement is just as unpredictable as EB-2 in the long run. Our PERM EB-2 or EB-3 guide walks through the downgrade mechanics.
AC21 portability lets you change employers without losing your place in line. Once your I-140 has been approved for at least 180 days, your priority date is portable to a new employer; a new PERM and a new I-140 with that employer use your earlier priority date instead of a new one. Portability is most valuable when you're moving to a more senior role at a different company; it lets you take the promotion without restarting the multi-year backlog.
For India- and China-born applicants stuck in EB-2 or EB-3, the most effective option is often to qualify for EB-1A or EB-2 NIW and self-petition. These two categories don't require PERM and don't require an employer; they let you control the timing and keep your existing PERM-based I-140 priority date as backup.
EB-1A is the fastest-moving employment-based category for most countries, and even for India and China, EB-1 moves substantially faster than EB-2 or EB-3. If your evidence portfolio shows sustained national or international acclaim (publications, citations, awards, expert recognition), EB-1A can shortcut years of wait. Our EB-1A eligibility criteria guide explains the 10 regulatory criteria and which combinations USCIS most often approves.
EB-2 NIW is in the same EB-2 row of the Visa Bulletin as PERM-based EB-2, so it doesn't shortcut the India or China wait. But it does skip PERM entirely, which saves 14 to 18 months of upfront timeline. NIW makes the most sense for ROW applicants whose evidence is at NIW level but not yet at EB-1A level, and for India and China applicants who want to lock in a priority date earlier while building toward EB-1A. Our how to apply for an EB-2 NIW guide walks through the Matter of Dhanasar prongs.
Concurrent filing of I-140 and I-485 (filing both together when a visa number is immediately available) is still allowed when your priority date is current. The May 2026 USCIS memo changes the calculus inside the U.S.: the I-485 portion of a concurrent filing now sits under the discretionary approval review along with every other I-485. AC21 portability and EB-1A or EB-2 NIW upgrade paths sit outside that I-485 discretionary review at the I-140 level, which makes them lower-risk options for applicants whose records have any flags. Talk to an attorney about whether concurrent filing or consular processing fits your specific record.
Watching one month's bulletin in isolation tells you where you are but not where you're headed. Tracking month-over-month movement is what gives you a sense of whether your wait is stable, accelerating, or about to retrogress.
The Department of State posts the monthly Visa Bulletin at travel.state.gov and keeps historical bulletins archived back several years. The archive lets you compare the same row month over month, which is how you spot trends. For example, comparing March, April, and May bulletins for EB-2 India tells you whether the date is stalling, advancing, or retrogressing into the spring.
USCIS also posts its monthly chart selection on the visa availability and priority dates page, which matters for I-485 filing decisions inside the U.S.
Build a simple month-over-month comparison for your category and country. Track the cutoff date each month for at least six months and you'll see the pattern. Forward movement of one to three weeks per month is steady. Movement of one day or no movement at all is stalling. Backward movement is retrogression. Sharp forward jumps in October usually mean fiscal year reset spillover, not a permanent change.
For a deeper walkthrough of how to read every column and row on the bulletin, see our how to read the Visa Bulletin guide and the EB-1 processing time for India guide for an India-specific view of EB-1 movement.
Tukki is a U.S. immigration provider focused on employment-based green cards, including EB-1A extraordinary ability, EB-2 NIW, and PERM-based EB-2 and EB-3 cases. Our licensed immigration attorneys track priority dates with you, help you decide between downgrade, portability, and upgrade strategies, and handle the I-140 and I-485 filings end to end.
WE CAN HELP
Need more clarity?
Find quick answers to frequent visa questions from our legal experts
Can my family come with me on an E-2 visa?
Yes, your spouse and unmarried children under 21 can accompany you on E-2 dependent status.
Your spouse can apply for work authorization (EAD) to work for any U.S. employer, and your children can attend school.
Is the L-1A always the better choice if the employee qualifies for both?
In most cases, yes.
The L-1A offers two extra years of maximum stay and access to the EB-1C green card pathway, which skips PERM labor certification.
However, the petition must accurately reflect the role.
Filing an L-1A for a role that does not meet the managerial or executive standard risks a denial and delays the transfer.
If the role is genuinely a specialized knowledge position, the L-1B is the correct and stronger filing.
How does USCIS decide which chart to use for I-485 filings?
USCIS reviews the State Department's monthly bulletin and decides whether using the Dates for Filing chart would create more filings than visas can support over the next several months. If demand looks high, USCIS uses the Final Action Dates chart, which is more restrictive.
If there's room, USCIS uses the Dates for Filing chart and lets more people file earlier. USCIS posts its decision each month on uscis.gov.
Can the spouses of O-1 visa holders work?
No. Spouses of O-1 visa holders receive an O-3 visa, which allows them to live in the U.S. but not to work.
They can study, get a driver’s license, open a bank account, and travel in and out of the country freely, but employment is not permitted.
Other blogs for every step of your visa journey
How long does green card renewal take in 2026? Form I-90 timeline
9 mins read | Jun 2, 2026
How much does it cost to renew your green card in 2026? Fees and attorney costs
8 mins read | Jun 1, 2026
What is the Final Action Date in the Visa Bulletin? How it works and how to read yours
9 mins read | May 29, 2026