As a result, not all EB-5 visas that are not required in that category can be made available in EB-1. (Added 10/26/2022). Given that each year around 2800 visas are allocated per country, can you advice if the applicants with PD earlier than November 2018 would become current for Indian applicants under EB1 category. side? Q. We have created a centralized location for the receipt of transfer of underlying basis requests between the employment-based preference categories that are accompanied by a Form I-485 Supplement J. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. One-Year Rule, 2002 PresentEB CategoriesEB VideoFamily CategoriesTips for FB Cases CSPA. Under INA 201(d)(2), the unused family-sponsored visa numbers from the previous fiscal year are added to the overall employment-based limit. USCIS has not clarified this in the court filing. Note: Our Immigration and Citizenship Data All USCIS Application and Petition Form Types and Application for Adjustment of Status (Form I-485) quarterly reports do not provide a comprehensive picture of employment-based visa use. This could make 2018 current for EB2/eb3 and they should be able to file for EAD. A. MY GOD, WHY IS THIS SO HARD TO UNDERSTAND??? 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. Its been stuck in March 2017 for a while not and trying to estimate when I can file my adjustment of status (with a PD of March 2019). In EB-2, we see Mexico, the Philippines, Central America, and the rest of the world remain on December 1, 2022. Also, this EB1-C scam is IMPOSSIBLE not to notice if you are currently living in the United States. Denaturalization Besides, whats the point in paying all the social security taxes for a decade without any benefits ??? Theres no spill over from EB1 to EB2 ROW and EB2 ROW to EB2 India. A. No. If you look at I-485 Inventory data, there are four countries (India, China, Mexico and Philippines) that are typically impacted by backlogs (more applicants than available Green Cards Cap per country). You can watch the Q&A from June 2018 event and Full Session from Oct 2018. How many visascame from EB1 to EB2? NCLEX EB3 may only reach end of 2013. What? . Does retrogression affect consular processing? About 1400 new applications filed every month. I dont understand why. Unless any lawsuit changes this stance, Indians are in for a big shock. Q. There are hundreds of thousands of people waiting employment-sponsored green cards. From Annual Numerical Limits FY 2018 Data. (Added 10/26/2022). The Philippines stayed on October 1, 2013. So, overall, EB2 gets a big chunk. Thank you. BIA, Political Types of EB5 Visa, A typical EB5 Investor would run into most of the terms listed below if not all as part of the EB5 project due diligence process. What is the source for this? 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. For the purposes of the March 2023 bulletin AOS, USCIS indicated to use the Dates for Filing Chart which Chart to use for family-sponsored filings. 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? Each Country has a Cap of 7% Per category. 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. Labor Dept Then we can take a deeper dive within EB2 and EB3 and how Fall-Side works within Each Employment Based Preference Category. Please see April 2023 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. (YYYY-MM-DD): Pending I-485 Cases Ahead of You: Pending CP Cases Ahead of You: Your Overall Place in Line for Green Card: DOS makes such estimates, and the Visa Bulletin reflects those reasonable estimates. However, these are estimates, and DOS working collaboratively with USCIS cannot know exactly how many individuals may ultimately apply for adjustment of status or an immigrant visa or have their applications approved. Q. But it gives earlier date when I put 50% wastage and a later date when I put 25% wastage. A .gov website belongs to an official government organization in the United States. There are no per-country limits for immediate relatives of U.S. citizens. Q. EB1-C India is being abused by Indian IT companies of CTS/TCS/WIPRO for the past 3+ years. Dallas, TX 75266-0834, USCIS 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. My question is what happens to unused EB3 numbers? If USCIS has approved an adjustment of status application for a principal applicant, but the applications of dependent family members remain pending, immigrant visa numbers have not yet been subtracted from the annual limit for the dependent family members. Q. Q. For example, if EB-2 has 49,000 visas available for applicants from countries other than India and China, and there are 48,000 pending applications, then the category can be Current. (Added 10/26/2022). But, its easy to guess based on the EB2 numbers (to some extent). Otherwise, use the Final Action Dates chart to determine when to file an adjustment of status application with us. Below is a simplified visual representation of what this looks like. Any suggestions on moving to new job or staying with current? EB3 does not spill over to anyone as per our understanding. Expert Witnesses Thanks. Im expecting both EB2 and EB3 will move in parallel going forward and EB3 will retrogress as I-485s are filed due to Filing Dates being in advance. Why did many adjustment of status applicants see the status of their applications change to Case Was Updated to Show Fingerprints Were Taken in the USCIS Case Status Online tool in early FY 2023 when they had provided biometrics months earlier? The contents in the channel is for informational purpose only collected from Various public domains. O-1 Visas USCIS has estimated that EB2 Indians will only get a total of about 4k GC in 2023. The whole revocation of I-140 is another animal to deal with though. It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. Finally, for EB-3 Other, we see Mexico, the Philippines, Central America, and the rest of the world remain at February 1, 2020. 3000 cars issued per year. Within EB2, allocated visas are split into the following buckets (as per I-485 Inventory Data): Yup. F-1 Unmarried Adult Sons & Daughters of US Citizens, Mexico No Movement So far, I havent see any time your app predicted, its not your app fault, but USICS methods. If you have already filed your i485 but have not submitted the medicals, we strongly recommend. USCIS is committed, with its partners at DOS, to using all the available employment-based visas in FY 2023. Tags: What I meant was when the wastage is 50% it shows my pd in 2014 as reachable in Aug 2022 but if I put it as 25% wastage then it shows it reachable in May 2023. *The numbers in the brackets designate the amount of movement in the final action date for that particular category compared to the previous month. firm specializing exclusively in US immigration law. A. In the F-3 category, China, India, and the rest of the world stayed on November 22, 2008, while Mexico remained on November 1, 1997, and the Philipines remained on June 8, 2002. If you want more insights, I have news for you. Whats the estimated wait time? https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf Basically I am trying t figure out, how many people are in front of me, Im hosting a Live Webinar on Oct 7 on this process. So approx 200-300k GCs should flow into EB. The employment-based (EB) annual limit for fiscal year (FY) 2023 will be higher than was typical before the pandemic, though lower than in FY 2021 and FY 2022. You show a good explanation of the spillover but you missed the elephant in the room buddy! USCIS does not notify the applicant when it grants a transfer request. EB-4 Certain Special Immigrants: 7.1% of the worldwide level. A. But this data is only from NVC . green card spillover 2022 predictions. EB-3 Other for China advances to July 1, 2014. This month, well go over the March 2023 visa bulletin. Mexico remained on August 1, 2000. Excellent Article Raghu. Carl (Added 10/26/2022). A. However, this is only available for certain green cards that use the I-140. 2019-Nov: F2 Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: F2A Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; F2B Unmarried Adult Sons and Daughters of Permanent Residents: 23% of the overall second preference limitation. Under INA 202(a)(5)(A), if the total number of visas available in one of the employment-based categories for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available in that category will be issued without regard to the per-country numerical limitation. China No Movement Crimes Thank you for detailed information. This exception is explained in detail in the Allocation of Visa Numbers section on this page. http://geni.us/GreenCardWebinar. Social Group Q. (Added 10/26/2022). All countries in the F-2A category are current. Your next question should be based on the I-485 Inventory Data. For more information about when a visa is considered available for CSPA purposes as well as other details about CSPA, please seeVolume 7, Part A, Chapter 7 of the USCIS Policy Manual. H-1B News Q. EB2 India Green Card Prediction for Jan 2023 Bulletin and beyond. These visa bulletin predictions are estimates based on recent movement in the family-based categories and should not be relied upon as legal advice. If 2879 Visa was issued, I should have received my Green card as per I485 Inventory Data. Watch this thread Start a new thread Add a post . So 2 days in a month average. Have you wondered why the dates for EB2 India and EB3 India for Green Card are not moving and number of Green Card issued for EB2 India came from 23,000 to 3,000 in 3 years? In certain situations, an applicant may benefit from the charging of their visa number to their spouses or parents country of birth rather than their own. Vs EB1 will move if and when theres spillover coming from EB4 and EB5. Appreciate your input. Mexico remained on January 1, 2002. Great article Raghu. parent green card, sibling green card, Visa Bulletin. For March, the final action date for the EB-5 Unreserved category for India is set at 01JUN18., NUMBERS FOR THE EMPLOYMENT-BASED PREFERENCE CATEGORIES. F1 Unmarried Adult Sons and Daughters of U.S. Citizens: F2A Spouses and Children of Permanent Residents: F2B Unmarried Adult Sons and Daughters of Permanent Residents: F3 Married Sons and Daughters of U.S. Citizens: F4 Brothers and Sisters of Adult U.S. Citizens: EB-3 Skilled Workers, Professionals, and Other Workers. EB-1, EB-2, and EB-3 each receive 28.6% of the overall limit, and EB-4 and EB-5 each receive 7.1% of the overall limit. EB-3 Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to *Other Workers. A. USCIS may only adjust the status of a noncitizen to lawful permanent residence under INA 245(a) if the noncitizen demonstrates that they are admissible to the United States for permanent residence. The statutory language relating to both adjustment of status and the health-related grounds of inadmissibility require USCIS to apply those grounds of inadmissibility to all adjustment of status applicants regardless of the number of years they have already lived in the United States in other statuses (with a limited exception for immunizations for certain adopted children 10 years of age or younger). Oct 2018 content is improved and answers readers questions from Session 1. And you also have an option to go to Canada via Express Entry. Site Map, Success Stories If the applicant has submitted a transfer of underlying basis request, USCIS will continue processing that request and moving the application forward in the adjudication process. This essentially means that the bull run for Indians has ended. Excellent analysis. It will take a while time to explain why the cells are empty . USCIS has specified to use the Dates For Filing Chart for all employment-based AOS Filings for March 2023. The chances of EB2 India reaching 2014 are very low given that USCIS has taken the stance of equally distributing the spillover among all countries. South Korea uses fewer EB1 numbers. If my adjustment of status application was approved, but then the Final Action Date for my category and country of chargeability later retrogresses, does that affect my status as a lawful permanent resident? Per the following link, as of November 2018 there are only 876 EB1 pending applicants. My PD is 2012 feb for eb3 category. 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? 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. many thanks. Fiscal Year 2023 Employment-Based Adjustment of Status FAQs. EB 2 India, PD March 2011. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Philippines uses fewer EB1 and EB2 as well. 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.. In the world of immigration law, it always pays to be informed. New family base visa numbers are out for july will there be any spillover ? Your son may turn 21 and sponsor you by the time EB2 moves to 2012! Date of filing chart may be available for use in 2021. A. The State Department has issued the March Visa Bulletin. Thanks for the feedback. (Updated 10/26/2022). USCIS will use this chart when more immigrant visas are available than applicants. Great news for applicants waiting on Green Card backlog in the October Visa Bulletin 2018 from the Filing Chart Date. The category for family-based immigration comprises four preference levels based on who your sponsoring family member is in relation to you. Q. The Dates for Filing chart determines when an applicant can file an I-485. So, spillover will become effective after the current backlogs clear. As per immigration law, the number of available visa quota is controlled by the Department of State. Keep this date handy since you will need it to compare to the dates in this bulletin. Also, my PD is Jan, 2010 under EB2. Terms of Service (Updated 10/26/2022). Picture Information. If you have already submitted a transfer request to a USCIS office, you should not submit a new request. The Philippines remained on March 1, 2012. Under INA 203(b), visas not required in EB-4 and unreserved visas not required in EB-5 are made available in EB-1. We do not presume to know whether an adjustment of status applicant would like to transfer their pending Form I-485 application from the petition on which it is currently based to a different petition. 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. How does retrogression of the Final Action Dates affect eligibility for exemption from the 6-year limit on H-1B status? Q. A. The responses and information are intended to be general and should not be relied upon for any specific situation. 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. Green Card Calculator: You can use GC calculator to estimate when your priority date may become current. (Added 10/26/2022). In this case, rather than wait the usual six months for your petition to be processed, you can pay an additional fee for premium processing, which will shorten the processing time to 15 calendar days. English Exam | 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. A. InfoPass You can estimate your own green card date based on the same AI algorithm which we use for predicting visa bulletins. However, within each employment-based category, the visas are still distributed with the per-country limits in effect, unless the exception to the per country limits of INA 202(a)(5) applies within that category. Total Issued for EB3 China = 2,348 What happens next? Courts 800# They would release the number of Visa to USCIS, who would then Adjust the Status of Applicants to Permanent Residency. Q. In the F-3 category, China, India, and all other countries of chargeability remain at November 8, 2009. Q. If a noncitizen has become a lawful permanent resident, USCIS would deny any other pending adjustment of status applications. No country can receive more than 7% of the total number of EB and FB preference visas in a given year. Since USCIS updates data every few weeks, estimated date shown below may also change every few weeks. Congress did not create a pathway in the statute for visas not required in EB-3 to be made available in another employment-based category. EB-2 Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference. Your priority date should be before this date. 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. In the F-1 category, China, India, and all other countries of chargeability remain at August 8, 2016. How do you know that USCIS does spillover for each country individually first? USCIS cannot create a waiver or exemption from the health-related grounds of inadmissibility where Congress has not done so. Q. 2018-Nov: The Final Action Dates Chart shows no change since the last Visa Bulletin. In the F-1 category, China, India, and the rest of the world remained on December 1, 2014. excellent analysis. When is a visa number subtracted from the annual limit? People with i485 pending in both EB3 and EB2 will benefit. China No Movement EB5 is backlogged for many years. 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.. 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