Total Issued for EB3 India = 6,608 Now, lets look at the numbers for EB-2 India since 2018. Numbers of years vary (from 10 to 70 years). Based on Oct 2018 data, your Priority Date may become current around September 2021, As of A. A visa number is subtracted from the annual limit when the Department of State issues an immigrant visa to a noncitizen through consular processing or when a noncitizen acquires lawful permanent resident status upon approval of their application for adjustment of status, either with USCIS or the Executive Office for Immigration Review (EOIR) of the Department of Justice. looking forward for more. A. Q. Contact Us. This essentially means that the bull run for Indians has ended. CSPA Change in law is required for faster movement. Share sensitive information only on official, secure websites. For the family and employment preference categories, the law imposes a limit on how many immigrants from any particular country can receive green cards in a given year. Vs EB1 will move if and when theres spillover coming from EB4 and EB5. EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. *The numbers in the brackets designate the amount of movement in the final action date for that particular category compared to the previous month. Remember, marriage-based green card applicants, are known as immediate relatives and dont have to wait to receive a green card. I have a Green Card Guide, that includes the analysis (available for purchase). Q. Q. Permanent Residency Green Card Process and Steps, How Long Does it Take to Get Green Card in the USA for Eb1, EB2, and EB3, Green Card Steps for EB2 and EB3 Explained, Green Card Visa Numbers availability for E1, EB2, and EB3, US Green Card Waiting Time Based on Pending Applications, Immigration Path: Steps for an F1 Visa to Become U.S. We see some changes in the Final Action Dates Chart in the employment-based category and some retrogressions. Yes. USCIS cannot create a waiver or exemption from the health-related grounds of inadmissibility where Congress has not done so. What say? I have one question though. http://geni.us/EBGreenCardProcess. Finally, in the EB-5 unreserved category, Mexico, the Philippines, Central America, and the rest of the world are current. etc: https://www.mygcvisa.com/calculator. A. MY GOD, WHY IS THIS SO HARD TO UNDERSTAND??? (Added 10/26/2022). You should only send transfer requests accompanied by a Supplement J to this address. The more you know about your green card, the easier it will be to make informed decisions about your case. Why does that happen? In setting the first Visa Bulletin of the fiscal year each October, DOS makes reasonable estimates of the available employment-based immigrant visas in each category. Philippines uses fewer EB1 and EB2 as well. Thanks. Religious Due to the global pandemic and limited appointments at overseas consular offices, family-based immigrant visas continue to see low usage numbers. Final action dates are based on the green card category and the chargeability areayour country of origin. Why does USCIS not review its records and make the decision for the applicants? The short answer is: probably not. This exception is explained in detail in the Allocation of Visa Numbers section on this page. Under INA 214(g)(4), the period of authorized admission as an H-1B nonimmigrant may not exceed 6 years. However, there are certain exemptions to this limitation, including the exemption established by Congress in section 104(c) of the American Competitiveness in the Twenty-First Century Act (PDF) and codified in regulation in 8 CFR 214.2(h)(13)(iii)(E). The first way is to file an I-140 for a green card and chargeability area with a current priority date. A pending EB-3 petition in this scenario does not prevent USCIS from granting the applicants request to transfer the underlying basis of their pending Form I-485 to a separate, approved Form I-140. We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023. Dual Citizenship, USCIS If a category/country is Current in the Visa Bulletin, does that mean that there must be little or no inventory of pending applications with USCIS and DOS for that category/country? Eligibility You filed a Form I-485 before February 1, 2021, in EB2 or EB3. In FY 2023, USCIS intends to transfer adjustment of status applications in the first three employment-based preference categories from the Texas Service Center (TSC) and Nebraska Service Center (NSC) to the National Benefits Center (NBC) after the approval of the petition. In the EB-3 Other category, there is no change for Mexico, India, Philippines, Central America and the rest of the world. You show a good explanation of the spillover but you missed the elephant in the room buddy! Thanks Raghu for the analysis.. Just to double check that I understood this correctly, the Unused EB1s from ROW will flow into the most retrogressed country for EB1. A. Why must applicants request to transfer the underlying basis of their pending Form I-485? Number use and demand in this category have continued to increase, which necessitates further retrogression of the final action dates and application filing dates for Rest of World countries as well as China, India, Mexico, and Philippines, to hold number use within the maximum allowed under the Fiscal Year2023 annual limit.. However, sometimes USCIS will note that theyll accept I-485s based on the Date for Filing chart. How is the employment-based annual limit distributed between the categories? If your employment-based adjustment of status application has been pending with USCIS for 180 days or more, you may request to "port" the underlying job opportunity upon which your adjustment is based to a new employer or new job offer that is the same or similar to the original one without the portability request alone impacting your priority date; Depending on the facts of your case, your children who have also applied for adjustment of status as your derivative beneficiaries might not age out of, You are generally considered to be "in a period of stay authorized" while your application is pending and would not accrue unlawful presence while in a period of authorized stay.. My priority date eb2 2013 Jan, Can u please tell when it will be current? The Dates for Filing chart determines when an applicant can file an I-485. China No Movement Each Country has a Cap of 7% Per category. (Added 10/26/2022). The State Department provides the following guidance regarding the EB-4 category: In the December 2022 Visa Bulletin, EB-4 final action and application filing dates were established for Rest of World countries, China, India, and Philippines in response to high demand. Lets apply this theory with Real Data for FY 2017 Green Allocations by Country and Category. The category for family-based immigration comprises four preference levels based on who your sponsoring family member is in relation to you. The S386 Bill: Fairness for High-Skilled Immigrants Act of 2019 aka Country Cap Removal for Employment-Based Green Card Bill. H-1B Visas $8.99 + $1.99 shipping. (Updated 10/26/2022). Its easy to schedule a legal consultation. If I have more than one pending application for adjustment of status, and USCIS approves one of them, what does it do with the others? They are all EB1-C geniuses who use a loophole in the system and come in as functional managers whatever that might be. . Now you have an idea about how Employment Based (EB) Green Card Category Spill Over Works. Your priority date should be before this date. http://geni.us/GreenCardWebinar. Watch this thread Start a new . When will I get my green card? These are commonly referred to as the fall up/fall down provisions. The tool can also be used by consular processing applicants to get . Social Group It does not mean that the derivative spouse or child always receives a visa or adjusts status on the same date as the principal applicant. Looking for U.S. government information and services? In the F-2B category, China, India, and the rest of the world remained on September 22, 2015, while Mexico stayed on June 1, 2001, and the Philippines remained on October 22, 2011. For the millions of people waiting in line in the employment-based and family-based categories, visa bulletin predictions give them an idea of when they will be able to apply for and obtain green cards. For EB-5, all countries are current apart from China (July 8, 2015) and India (June 1, 2018). A. O-1 Visas All areas of chargeability retrogress to February 1, 2022, including China and the Philippines. This is known as cross-chargeability, and is found in INA 202(b). For those new to the green card process, you should learn a few terms and remember to understand the rest of this March 2023 visa bulletin report. Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Suppose you have an Adjustment of Status (AOS) application currently pending. Whats in the October 2018 Visa Bulletin October Visa Bulletin 2018 was release by the Department of State recently. A priority date establishes a persons place in line to get an immigrant visa. Visa Bulletin Predictions; More . Nothing on this website or associated pages, documents, comments, answers, e-mail, articles or other communications should be taken as legal advice for any individual case or situation. There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. (Added 10/26/2022). A. USCIS has specified to use the Dates For Filing Chart for all employment-based AOS Filings for March 2023. In the F-1 category, China, India, and the rest of the world remained on December 1, 2014. Q. A. Whenever possible, USCIS applies cross-chargeability to preserve family unity and allow family members to immigrate together. However, there are two prominent cases in which you may be able to shorten your green card processing time, which we will explain here. NCLEX The potential that a certain percentage of applications will not be approved; Accounting for noncitizens who have multiple pending adjustment of status applications in different categories; Estimating and considering the number of family members who may decide to immigrate with the principal applicant; Considering where applications are in the adjudication process and how likely they are to result in visa use in the immediate future; and. What if dependent family members are not approved before priority dates move back? I-864 EB3 India getting spill over from EB3 ROW (about 3,500) and get total more than 6K. Your priority date should be before this date. USCIS understands that there are some misconceptions about this topic, and states again that this special exception to the per-country levels applies (if the statutory criteria are met) in any quarter of a fiscal year, not just in the fourth quarter. Yes. The time that it will take you to get a green card depends on the category of your petition and your country of birth. But, only 8,997 was issued. For example, the couple could not transfer to a petition filed in an immediate relative category where dependents are not permitted under the statute. However, when their children turn 21 years old, many of them are no longer able to maintain lawful immigration status in the U.S. and risk becoming separated from their families. A. If not, you must read it again for EB4 to EB5 to EB1 to EB2. A. Can you estimate how many employment-based immigrant visas USCIS and DOS will use during FY 2023? Thank you in advance. My category retrogressed or a Final Action Date was applied. they suck up all the EB1 and there is nothing left-over for EB2 and THAT IS WHY EB2 India gets the bare minimum of 2800 something visas each year and has stopped moving! Why is such a big difference. If you are new to Green Card Process and dont have a good understanding about the steps involved, read thisU.S. (Added 10/26/2022). (Added 10/26/2022). China remains on September 1, 2018, and India remains on August 1, 2012. As a result, the noncitizen could not adjust status based on that petition. Please note that with the enactment of the EB-5 Reform and Integrity Act of 2022 on March 15, 2022, Congress established special rules for the carryover of some unused EB-5 visas from one fiscal year to the next. Because this table is based on people who already has filed I-485, and the EB2 data has never moved beyond 2010 and so no one has filed I 485 after those dates all are waiting.. You can estimate dates based on your own understanding too. Employment-Based Then we can take a deeper dive within EB2 and EB3 and how Fall-Side works within Each Employment Based Preference Category. If we deem approvable a Form I-485 of a derivative family member and a visa number is not available based on the Final Action Dates chart in the Visa Bulletin at the time we make that determination, the application will remain pending until a visa number is available, DOS allocates a visa, and USCIS completes the adjudication. ht. A. We are dedicated to ensuring we use as many availableemployment-based visasas possible in FY 2023, which ends on Sept. 30, 2023. One-Year Rule, 2002 PresentEB CategoriesEB VideoFamily CategoriesTips for FB Cases CSPA. Is it true that the EB-3 I-140 does not have to be approved to allow a transfer of underlying basis of the Form I-485 to an approved EB-2 I-140 where the EB-2 priority date is current under the Final Action Dates? The chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category. crossed. If you have not done it, please remember to add or update your I-130 / NVC / I-140 / I-485 case in the free GC For more information, please see the USCIS Policy Manual, Volume 7, Part A, Chapter 6. EB3 may only reach end of 2013. Get latest visa bulletin and blog posts sent directly to your email address. Fiscal Year 2023 Employment-Based Adjustment of Status FAQs. The results are estimates and for your informational use only, and we specifically disclaim the accuracy of the information provided. South Korea uses fewer EB1 numbers. They indicate how far forward the Final Action Dates may advance in the coming month. Given the rapid movement of files between directorates and offices as we strive to optimize resources across the agency, it would be difficult to match an unsolicited Form I-693 with the related adjustment of status applications in a timely and efficient manner. Theres ROW EB3 to EB2 India spillover. I thought eb3 will move faster compared to eb2 for 2019. A receipt notice does not mean that USCIS has granted the transfer request, it just indicates that USCIS has uploaded the Supplement J information into our systems. Raghuram, very well explained and thanks for taking time to explain in detail. Because of the numerical caps and per-country caps on certain green-card categories, there are significant waits for some categories, with sharper effects on a few countries. Youll notice there are two charts for each category. Our experience in the past year with all our H1B renewals has been amazing, and weve obtained great results., - KRG Technologies, Valencia, California Read More Reviews, F-2A Spouses & Minor, Unmarried Sons & Daughters of LPRs, Mexico No Movement They are also estimating that EB1 India will also get a restricted date starting Jan 2023 bulletin. A more detailed breakdown of these changes can be seen below. Majority of Non-Immigrants know about never ending Green Card wait times. You read it right. Congress explicitly directs DOS to make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within [the family-sponsored, employment-based and diversity categories] and to rely upon such estimates in authorizing the issuance of visas. See INA 203(g). Q. If a particular immigrant visa category is current on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month. (Added 10/26/2022). For more information about transfer of underlying basis, please see Volume 7, Part A, Chapter 8 of the USCIS Policy Manual. The Final Action Dates chart determines when an I-485 or IV can be approved, while the Dates for Filing Chart determines when an applicant can file an I-485. Again, I dont know only 34,938 was issued when available, numbers is 40,040 for FY 2017. Why did the numbers dryup? The State Department provides the following guidance regarding the EB-2 category: Since December 2022, there has been higher than expected number use and demand, mostly due to continued new filings by applicants from all countries with priority dates earlier than the established final action dates. How does USCIS determine if an immigrant visa is immediately available when considering whether to accept or reject an adjustment of status application? Predictions for 2022-23 Assuming that there is a 50k spillover in Oct 2022 bulletin and then USCIS wastage in 2022 is less than 5% or near zero (best case), we estimate these dates to be possible in the next 12 bulletins. While your I-485 application for adjustment of status is pending, you are eligible to seek certain benefits, among which are: Please note that USCIS is making every effort to reduce processing times for employment authorization and advance parole applications. Dallas, TX 75266-0834, USCIS What has been the trend in the ROW EB1 quota consumption? Im just trying to say that experience gained and manager titles should be given equal priority. STEM OPT In the F-2B category, China, India, and all other countries of chargeability remain at January 1, 2017. EB3-to-EB2 porting is minimal now as most of the folks that were backlogged for years in EB3 have gotten their GCs. EB3 has a very low chance of getting any spillover as it only gets it from EB2. USCIS posts which charts may be used on its Adjustment of Status Filing Charts from the Visa Bulletin. Q. EB2 India may still not see much movement as it has a high number of people already waiting in line. The State Department provides the following guidance regarding the EB-3 category: Increased demand in the Employment Third category may necessitate the establishment of a worldwide final action date (including Mexico and Philippines) in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit.. How do you know that USCIS does spillover for each country individually first? Why has DOS retrogressed (set back) certain Final Action Dates or applied new Final Action Dates in the Visa Bulletin for October 2022? You can estimate your own green card date based on the same AI algorithm which we use for predicting visa bulletins. The EB3 India should still move forward and may reach 2014 as per our estimation. Can $500,000 Investment be Any Type of EB5 Projects? For transfer requests accompanied by Supplement J submitted to this address at the Dallas Lockbox, we scan the documents, upload the Supplement J information into our systems (generating a receipt notice), and notify the office or service center that currently holds the related adjustment of status application that the scanned request is available in our electronic systems. Unless the US Immigration law is changed, to remove country-based GC limits with a law like S386, there is no real possibility of any Indian joining the EB2 Green card queue, to get a Green card in his/her lifetime. jQuery(function(){if(typeof WebFont!=='undefined'){WebFont.load({google: {families: ['Open Sans:400,700',]}});}}); Schedule Consultation Philippines No Movement Please see August 2023 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): The dates above have been calculated from data provided by USCIS/DOS. Secure .gov websites use HTTPS A. However, the petition was filed over 10 years ago, and the noncitizen no longer has a relationship with the potential employer, or the employer may no longer exist or no longer be willing to employ the noncitizen. Most of these persons are residing in the US on temporary working visas. Current Step: If your priority date is not current, then you can calculate when it may become current, check your case status, case processing time, A legal declaration was issued on September 6, 2022 by Andrew Parker (USCIS) who specializes in EB adjustment of status cases and who coordinates with the U.S. Department of State (DOS). The Departmentof State can technically give all the availableEB Visa on the First Day of Fiscal Year (Oct 1) or Release the visa numbers as requested by USCIS every month or every quarter. Through July 31, 2022, the two agencies have combined to use 210,593 . It happened this year (Oct 2020) as well, with EB priority dates, especially for There is a spillover clause from EB to FB category as well but it is more complicated and rarely result in spillovers. USCIS doesnt know how many visas would be released by DOS. The 60-day rule, which has been temporarily waived,does not apply to Forms I-693 signed by the civil surgeon after you have filed Form I-485. Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. This will necessitate corrective action in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. Does it usually end up having unused visas? Courts 800# The Date for Filing chart determines whether or not one can submit the final immigrant visa application. side? In the case of theOctober 2022 Visa Bulletin, without aretrogressionof the Final Action Date for India EB-2, visa use by the two agencies would likely exceed the available visas within the first few weeks of the fiscal year, in violation of the statute. (Added 10/26/2022). Will 60k new Family to Employment Spillover Help EB2 India? The second situation involves green card porting, or transferring your application from a lower preference level to a higher one to take advantage of the shorter waiting times. up? In reality, you need to start with a new petition (and a new PERM if necessary). Carl DACA. . Slow movement in EB2 is expected until May 23. That it will take you to get final action Dates may advance in F-2B. Continue to see low usage numbers from China ( July 8, 2015 ) and get total more than.. China remains on August 1, 2017 it has a high number of already. An I-140 for a green card, the two agencies have combined to use 210,593 green... 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