When an adjustment of status (I-485) applicant files their application at a time when their priority date is current according to the Visa Bulletin, a common concern arises if the Visa Bulletin retrogresses afterward: will USCIS pause or delay the processing of their pending Employment Authorization Document (EAD) or Advance Parole (AP) applications? Understanding this issue is vital for corporate executives, investors, and other high-value clients who rely on timely work and travel authorization.

Previously, some applicants feared that a retrogression in the Visa Bulletin could lead to a suspension in the adjudication of their EAD/AP applications, potentially causing work interruptions or travel restrictions. However, based on USCIS guidance and our practical experience, once an I-485 is properly filed while the priority date is current, USCIS typically continues to process related EAD (Form I-765) and AP (Form I-131) applications without pause, even if the Visa Bulletin subsequently retrogresses. This policy is consistent with USCIS’s interpretation that the applicant was eligible to file at the time of submission, and the retrogression does not invalidate the pending application.

Attorney Insight
From a regulatory perspective, 8 CFR § 274a.12(c)(9) and USCIS Policy Manual Volume 7 provide that EAD and AP eligibility is tied to a properly filed adjustment application. The retrogression affects the final approval of the green card but does not automatically suspend interim benefits. Our firm recently assisted a fintech executive client who filed I-485 and EAD/AP when the EB-1 priority date was current; despite a retrogression shortly after, USCIS approved his EAD within 90 days, allowing uninterrupted work authorization.

That said, applicants should remain vigilant. Retrogression means the final adjudication of I-485 may be delayed or paused, impacting the timeline for permanent residency. We advise clients to:

  1. 1Confirm the validity of their EAD and AP by checking the I-797 approval notices and expiration dates.
  2. 2Maintain valid nonimmigrant status or alternative work authorization to avoid gaps, especially if EAD processing is delayed beyond normal timeframes.

For corporate clients using L-1 or EB-1C categories, this means that while EAD/AP processing remains active, green card approval timelines may extend, affecting long-term planning. For EB-5 investors, the implication is similar; maintaining interim work/travel authorization is crucial amid retrogression.

Attorney Insight
To proactively manage this risk, we recommend submitting EAD/AP applications concurrently with I-485 as early as possible when the priority date is current, and regularly monitoring Visa Bulletin updates on travel.state.gov[1]. If retrogression occurs, do not assume work authorization will be suspended—check your case status on USCIS.gov and consult your immigration counsel promptly if delays occur.
Attorney Insight
In summary, while Visa Bulletin retrogression can delay permanent residency approval, it does not automatically halt EAD/AP processing for those who timely filed I-485 when their priority date was current. This distinction is critical for maintaining work and travel flexibility during the adjustment process. Our experience shows that understanding these nuances helps clients avoid unnecessary work stoppages and plan their immigration timeline more effectively.