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The Visa Bulletin Whiplash of 2022: India EB-2 Retrogresses

July 7, 2022·One Way Editorial·~4 min read
The Visa Bulletin Whiplash of 2022: India EB-2 Retrogresses

For two years, the monthly visa bulletin had been the rare piece of good news in employment-based immigration, with priority dates leaping forward on the strength of record visa supplies. Then, in late 2022, the tape ran backward. India EB-2, the category holding hundreds of thousands of the most backlogged skilled workers, retrogressed sharply, with cutoff dates falling back years over a few bulletins. The whiplash stunned applicants, but the mechanics behind it were predictable, and understanding them is the best protection against the next reversal.

What is retrogression, in plain English?

The State Department rations green card numbers using cutoff dates: if your priority date, your place in line, is earlier than the cutoff for your category and country of birth, a visa number is available to you. When demand for numbers exceeds the month's supply, the department moves the cutoff backward to slow the flow. Nothing about your case is lost; your priority date is safe. But your ability to finish, or in some months even to file, gets suspended until the line moves again.

Why did India EB-2 fall so hard in 2022?

Three forces converged:

The October and December 2022 bulletins delivered the news, with India EB-2 cutoffs rolling back years, and the pain spread in 2023 when even worldwide EB categories saw unprecedented retrogression.

Who was hurt, and how badly?

Applicants who filed I-485s during the open window kept real benefits: pending applications, work permits, travel documents, and job flexibility under portability rules. Those who missed the window returned to waiting outside the gates. The cruelest cases involved families whose children edged toward age 21, where retrogression can mean aging out of a parent's case despite statutory protections that only partly help. All of it traced to the same root: Congress has not raised the roughly 140,000 employment green card total or reformed per-country caps in over three decades, so supply lurches with accounting flukes while demand compounds.

What this means for you

Treat every favorable bulletin as a window, not a trend. When your date becomes current for filing, file immediately, with medicals and documents prepared in advance, because a filed I-485 preserves work and travel benefits even through retrogression. Watch both charts, final action and dates for filing, each month. If you were born in India or China, engineer your way up-category where honestly possible: an EB-1 profile or a strong National Interest Waiver changes which line you stand in. And build careers and finances assuming delays, so a bulletin reversal is a disappointment rather than a crisis. In a system this volatile, preparation is the only lever you fully control.

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