EB-1 Green Cards and Retrogression – Part I 3

Your Path to Extraordinary Success

Welcome to the Law Offices of Chris M. Ingram! We’re here to guide you through the complexities of U.S. immigration, helping you overcome retrogression and secure your EB-1 Green Card as an Alien of Extraordinary Ability. This guide, updated as of September 15, 2025, breaks down priority dates, quotas, and visa bulletins to bring you closer to your American Dream.

Understanding Retrogression and Priorities

Retrogression affects EB-1 Green Card applications due to limited quotas and priority dates. “We simplify the journey,” says Attorney Chris M. Ingram. Let us help you stay ahead!

How Priority Dates Work

When USCIS receives your visa application, you’ll get a Receipt Notice with your Priority Date—your place in line for a Green Card. Check the Visa Bulletin to see if your date is current. If it’s before the listed date, you can move forward; if after, you’ll wait. “Timing is key,” notes Ingram. This date also determines when you can file—file early if your date beats the cutoff, even with a later approval. For example, an EB-1 filed January 1st and approved September 1st can proceed if the Priority Date aligns.

Resetting the Quota/Cap

Every October, 40,000 new Green Cards reset for EB-1, EB-2, and EB-3, often clearing retrogression. However, demand from India and China can exhaust this quickly. “Act now,” urges Ingram. Filing early with an approved petition secures your spot, even if caps are reached later. USCIS, 2025

May 2025 Forecast of Visa Availability

Track Your Eligibility

This chart reveals EB-1 status as of October 1, 2025. If your Priority Date is before April 15, 2022, for India, you can file your Green Card application. We’ve got your back to navigate this!

USCIS Guidelines and Priority Date Porting

The USCIS states: “Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents…” A “C” means no backlog—file now with an approved petition. For other countries, check your status. “Stay informed,” says Ingram. Visit Travel State monthly for updates!

Porting Your Priority Date from EB-2 to EB-1

For Indian and Chinese clients stuck in EB-2 retrogression (sometimes over five years), USCIS allows using your EB-2 Priority Date for an EB-1 petition. “This can fast-track you,” notes Ingram. With an approved EB-1, file immediately using that older date. USCIS confirms: “We may honor your request to transfer your pending Form I-485 [DS-260] if eligible, with the priority date current in the new category.” USCIS, 2025

Chargeability: Your birth country (e.g., India) applies, even if naturalized elsewhere.

Dates for Filing Application (DFA): Estimates wait time or adjudication.
Application Final Action Date (FAD): For filed applications, wait for currency.
Labor Certification: Use this earlier date if applicable to avoid retrogression.

May 2025 Forecast of Visa Availability
B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

Strategic Filing

Use Chart B to check if your Priority Date is current. USCIS may switch between Chart B and Chart A based on visa availability. “We’ll guide you,” says Ingram. Confirm on the USCIS Adjustment of Status page!

May 2025 Forecast of Visa Availability
A: FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

Note that this information was taken from the Visa Bulletin corresponding to May 2025. We encourage you to visit the Travel State site to access the most recent bulletin.
Stay Updated and Act


Follow our step-by-step: Check Chart B for filing eligibility, but verify if USCIS uses Chart A or B via the Adjustment of Status Filing Charts. “Proactivity pays,” says Ingram. Explore O-1A visas if retrogression delays you.

Conclusion: Your Path Forward

For clients facing retrogression, we’ll keep you informed. If hardship arises, schedule a consultation to explore O-1A visas or other solutions. “Retrogression is tough, but we’ve got options,” says Ingram. With 20 years of expertise, the Law Offices of Chris M. Ingram offers personalized support and a secure client portal. Contact us today for a free consultation at www.breakthroughUSA.com and step into your American Dream!