One of the pleasant immigration news items of the last year and a half has been the elimination of the retrogression for most employment-based visa categories.  Retrogression is the process whereby the Department of State (DOS) queues applicants for Permanent Residency on a hierarchical basis, limiting certain nationals from Adjusting their Status to Permanent Resident.    It took it's worst form between 1998-2001 when many Philippine and Indian nationals were held back from Adjusting their Status through the retrogression of EB2 and EB3 categories.  Lately, retrogression has not been an issue and the distinctions between the EB2 and EB3 categories have effectively been moot.

 

On November 5, 2002, Charles Oppenheim, Chief of the Immigrant Visa Control and Reporting Division at the DOS advised that, contrary to many rumors, it does not anticipate retrogression in employment-based visa classifications on the horizon in 2003 or 2004.  Likewise family numbers are also expected to turn favorable in the next several months.

 

This notice should help employers and employees alike who are often very concerned that Application are filed EB2.  It appears that the EB2 and EB3 distinctions will remain moot for the foreseeable future.