Visa Retrogression – What does it mean to professional immigrant workers?

Before June of this year, there were two major visa categories that are popular among professional immigrant workers: the H1b Visa aka work visa and EB2 or the greencard route.

H1B visa is a non-immigrant visa that allows US employers to temporarily employ professional foreign workers in specialty occupations. On the other hand, EB2 Visa is a permanent residency route for professionals holding advanced degrees (Ph.D., master’s degree, or at least five years of progressive post-baccalaureate experience) or persons of exceptional ability in sciences, arts, or business.

Unfortunately, the USCIS has announced that the 2013 H-1B visa cap has been reached as of June 11th. Any cases received after June 11th will be rejected and returned with filing fees uncashed. However, the rejected and would-be applicants may file again next fiscal year. The next blow is that the July 2012 visa bulletin shows that the ‘worldwide EB2′ visa category has retrogressed almost 3 years. This is the one category that remained consistently ‘current’ in recent years (together with EB1).

What happens now?

Photo from http://redbus2us.com. Edited by author.

For more information about RETROGRESSION, click this link.

For USCIS Visa Bulletin, click here.

What does RETROGRESSION mean to professional immigrant workers and their employers? This could mean long waiting times for green cards.  This means job employment offers need to be rewritten or  projects be off-shored.  In uncertain cases such as this, not much can be done than to persevere and tuck growing disappointment. There are surely other legal routes to continue working in America while hoping that these two visas will be available again soon.

US immigration system is not ideal and reform is essential to ensure Uncle Sam does not lose talented people to help boost the economy and create jobs.Right now, all that is left to do is wait. Let us see what the future has in store.

SOURCE: http://www.uscis.gov

Disclaimer: This is a post written from a layman’s perspective and should not be regarded as an immigration advice.  For valid legal advice, consult an immigration lawyer.
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