Visa Bulletin Retrogression 2026: Will USCIS Pause Your EAD or AP After I-485 Filing?

A common concern among EB-3 applicants involves what happens to pending Employment Authorization Document (EAD) and Advance Parole (AP) applications when a Visa Bulletin priority date retrogresses after an I-485 adjustment-of-status application has already been filed. According to guidance from Murthy Law, applicants in this situation can generally expect their EAD and AP applications to continue processing even when their I-485 is placed on hold. When a priority date was current at the time of I-485 filing, USCIS accepted the application and issued a receipt notice. A subsequent retrogression in the Visa Bulletin does not invalidate the filed I-485 — it simply means USCIS cannot approve it until the priority date becomes current again. However, this hold applies specifically to the I-485 itself, not to derivative benefit applications like the I-765 (EAD) or I-131 (Advance Parole). USCIS adjudicates EAD and AP applications based on the existence of a pending I-485, not on current visa availability. Since the I-485 remains legally pending during retrogression, applicants retain eligibility for these benefits. This is a critical distinction for EB-3 workers who need to maintain lawful employment authorization or travel flexibility while waiting for their priority date to become current again. Applicants should monitor their EAD and AP expiration dates carefully during periods of retrogression and file renewal applications in a timely manner. USCIS recommends filing renewals at least 6 months before expiration. Maintaining valid EAD and AP throughout the waiting period is essential for protecting employment status and the ability to travel abroad without abandoning the pending I-485.