Retrogression
Also known as: Visa retrogression, backward movement, cutoff date retrogression
Foundational · EB-5 Glossary
Definition
A backward movement of the visa bulletin cutoff date, which occurs when the State Department determines that visa demand is outpacing supply for a given category and country. Retrogression means applicants who were previously eligible to file for a green card (because their priority date was current) may no longer be eligible until the date advances again.
Context
Retrogression is most common near the end of the federal fiscal year (July-September) when the State Department adjusts dates to avoid over-issuance. It is particularly significant for Chinese and Indian EB-5 investors in the unreserved category.
Related Terms
More Foundational Terms
- Adjustment of Status
The process of changing immigration status to lawful permanent resident while physically present in the United States. In the EB-5 context, adjustment of status is one of two pathways to obtain a green card (the other being consular processing). The applicant files Form I-485 with USCIS.
- At-Risk Investment
The legal requirement that EB-5 investment capital be placed at genuine risk of loss for the purpose of generating a return. The investment cannot be structured with a guaranteed return of capital or a guaranteed rate of return. Arrangements that eliminate risk, such as redemption agreements, loan guarantees, or insurance against loss, are inconsistent with the at-risk requirement.
- Concurrent Filing
The practice of filing Form I-485 (Adjustment of Status) at the same time as or shortly after Form I-526E, when a visa number is immediately available. Concurrent filing allows the investor to obtain interim benefits (EAD and Advance Parole) while the I-526E is adjudicated.
- Conditional Residence
A two-year period of permanent resident status that EB-5 investors receive upon initial admission or adjustment of status. During this period, the investor holds the same rights as an unconditional permanent resident but must file Form I-829 to remove the conditions before the two-year anniversary.
- Consular Processing
The process of obtaining an immigrant visa at a U.S. embassy or consulate abroad. In the EB-5 context, consular processing is the alternative to adjustment of status for investors who are not in the United States or who prefer to process abroad. The final step is an in-person interview at the consulate.
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