H-1B Visa Guide Videos EB-5 Investors USCIS posts which charts may be used on its Adjustment of Status Filing Charts from the Visa Bulletin. Unless any lawsuit changes this stance, Indians are in for a big shock. The time that it will take you to get a green card depends on the category of your petition and your country of birth. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Hi Ash Prab, 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. In the EB-4 category, we see China, India, Mexico and the rest of the world retrogress. If you dont understand the logic at work here, dont worry. OP. 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. Expert Witnesses The decision to grant a transfer request is made in the discretion of USCIS. Finally, in the F-4 category, China and the rest of the world are on March 22, 2007, India on September 15, 2005, and the Philippines on August 22, 2002. Hi, Your priority date should be before this date. In EB-2, Mexico, there are no changes cross the board since the last bulletin. https://www.mygcvisa.com/visa-bulletin/2023/visa-bulletin-march-2023.aspx, https://blog.mygcvisa.com/2013/04/how-to-file-i-485-application.html, https://www.mygcvisa.com/nvc/overview-after-nvc-petition-approved.aspx, Frequently Asked Questions: USCIS Visa Bulletin, Frequently Asked Questions: I-485 Pending Inventory. Q. (Added 10/26/2022). Hi Why these are empty Who is this question for. Great analysis . Yes. 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. I think I didnt put it correctly perhaps. A. Simple Math at work here: Spilover from Rest of the World(ROW). They have an older approved petition in a different preference category where a visa is available to them. USCIS does not notify the applicant when it grants a transfer request. 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. Good details. So, EB1 will move at a slow pace (as per avail cap numbers). Do biometrics expire due to retrogression? A. No. We require transfer requests to be in writing from the applicant to ensure that the record accurately reflects the basis on which the applicant requests us to adjudicate the adjustment of status application. Family spillover to employment is 60k GC in FY 2023. A priority date establishes a persons place in line to get an immigrant visa. Whenever possible, USCIS applies cross-chargeability to preserve family unity and allow family members to immigrate together. In EB-2, we see Mexico, the Philippines, Central America, and the rest of the world remain on December 1, 2022. Change in laws must.Keep lobying. China remained on July 8, 2019, and India stayed on May 1, 2012. (Updated 10/26/2022). In the F-1 category, China, India, and the rest of the world remained on December 1, 2014. Vs EB1 will move if and when theres spillover coming from EB4 and EB5. Lewisville, TX 75067-8003. 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. 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. EB4 and EB5 = 7% of 9,940 = 696. They would release the number of Visa to USCIS, who would then Adjust the Status of Applicants to Permanent Residency. I hope I was able to articulate how to understand the Spill Over for Employment Based Green Cards. EB2 India Green Card Prediction for Jan 2023 Bulletin and beyond. When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? If visas are not required in a particular employment-based category, are they made available in the other employment-based categories? The S386 Bill: Fairness for High-Skilled Immigrants Act of 2019 aka Country Cap Removal for Employment-Based Green Card Bill. Glossary of EB5 Visa Terms Pay attention to Financial Terms, EB5 Visa Process for US Green Card I-526, I-485 and I-829, https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf, https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2019.pdf, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-may-2018.html, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html, Green Cards Quota Per Year via Employment = 140,000, Every few months, USCIS publishes I-485 Inventory Data, Every month Department of State publishes Visa Bulletin. Can you estimate family-sponsored or employment-based immigrant visa use by USCIS and DOS during FY 2022? Thats how you got the 6k. How do you know that USCIS does spillover for each country individually first? As you look at the numbers below, heres how Im getting the Numbers: So, EB4 had a maximum of 9,940 for FY 2017. The first way is to file an I-140 for a green card and chargeability area with a current priority date. What has been the trend in the ROW EB1 quota consumption? Please check this blog and update yours so more people are educated . Your priority date must be current under the Final Action Chart to adjudicate your green card. Disclaimer: In order to estimate dates, this Site uses the Visa Bulletin data from previous fiscal years and the current fiscal year, and make calculations about possible future dates. 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. Detainee Locator There are no per-country limits for immediate relatives of U.S. citizens. If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. EB Green Cards You have probably heard about EB5 for H1B Visa. Your priority date should be before this date. Retrogression does not affect your priority date or your place in line for an immigrant visa. A. (Updated 10/26/2022). When is a visa number subtracted from the annual limit? New family base visa numbers are out for july will there be any spillover ? Official websites use .gov 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. The remaining 68% are unreserved and are allotted for all other qualified immigrants. Great news for applicants waiting on Green Card backlog in the October Visa Bulletin 2018 from the Filing Chart Date. China is more retrogressed than South Korea and Philippines. down? They are all EB1-C geniuses who use a loophole in the system and come in as functional managers whatever that might be. How do they fall? How does a transfer of underlying basis request affect the calculation of a childs age under the Child Status Protection Act (CSPA)? 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. All countries in EB-1 are current apart from China and India, which remain at February 1, 2022, as of this bulletin. Q. Through Parents tracker (which has thousands of cases): Your app cant predict the dates accurately, because USICS always acts in a different way. 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. I pity folks like you, you fall for the divide and rule policy of the per country cap, when you start thinking youre better then someone else and then there will be someone better then you. 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. There are millions of people waiting in line abroad for family-sponsored green cards. This was supposed to be good news for Indians but USCIS has spoiled it by estimating that ROW (the rest of the world) is going to use all the numbers. Visas not required in EB-1 are made available in EB-2, and visas not required in EB-2 are made available in EB-3. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2019.pdf (Added 10/26/2022). If we grant the transfer request, we will adjudicate the Form I-485 application based on the petition to which the Form I-485 was transferred. Due to the global pandemic and limited appointments at overseas consular offices, family-based immigrant visas continue to see low usage numbers. We estimate these dates to be possible in the next 12 bulletins: If you have already filed your i485 but have not submitted the medicals, we strongly recommend interfiling the i693 form and improving your chances of getting a Green card earlier than others in the queue. Due to years of wait, not everyone with approved I-140 would file for I-485. A visa number is not subtracted from the annual limit based on any other preliminary step in the adjudication process (that is, not at the time of filing, not at the time of interview scheduling, not at the time of transferring to a USCIS Field Office, not with the issuance of a Request for Evidence, not with the approval of the underlying immigrant visa petition, not with the granting of a transfer of underlying basis request, etc.). EB-3 Other for China advances to July 1, 2014. The Dates for Filing chart determines when an applicant can file an I-485. A. For more information about derivative applicants and accompanying or following to join, please see Volume 7, Part A, Chapter 6 of the USCIS Policy Manual. With five different preference levels and seven chargeability areas, USCIS issues employment-based category visas through your job or occupation. 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. There are three different Categories within Employment Based Green Card EB1, EB2, EB3. and get total less than 3K. 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.. 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). *The numbers in the brackets designate the amount of movement in the final action date for that particular category compared to the previous month. Prediction for Oct 2023 . Any suggestions on moving to new job or staying with current? EB 2 India, PD March 2011. USCIS had told the court in 2022 that the dates for EB2 should not be retrogressed and will stay current if they were current in July 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. Its disappointing to see that those gained experience and promoted to manager roles in US can only be ported from EB3 to EB2, but those gained similar experience outside US can directly apply for EB1. was featured in the February 2018 edition of SuperLawyers Magazine. So for example, if India is most retrogressed, which it currently is and if there are any unused EB1s in the ROW, then India will get additional allocations to that extent. March 2023 Visa Bulletin: Overview and Predictions. 3000 cars issued per year. Based on the last few release dates of visa bulletins, we can expect the September 2022 visa bulletin to be released on August 8 or . All countries in EB-1 are current except for China and India, which are on June 1, 2022. Q. This essentially means that the bull run for Indians has ended. EDUCATING MORE EB2 Indians and USCIS folks, especially Mr. Oppenheirmer will ensure these quasi-legal Indians gets deported back to India promptly and the companies booked and fined! Picture Information. Otherwise, use the Final Action Dates chart to determine when to file an adjustment of status application with us. USCIS has specified to use the Dates For Filing Chart for all employment-based AOS Filings for March 2023. All Other Countries Slight Retrogression, F-2B Unmarried Adult Sons & Daughters of LPRs, F-3 Married Adult Sons & Daughters of US Citizens, NUMBERS FOR THE FAMILY-BASED PREFERENCE CATEGORIES. A. The EB3 India should still move forward and may reach 2014 as per our estimation. http://geni.us/GreenCardWebinar. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Now, lets look at the numbers for EB-2 India since 2018. Please click the Schedule Consultation link above. In reality, you need to start with a new petition (and a new PERM if necessary). This will give you a Green card immediately as there is neither any yearly limit nor any priority date waiting for immediate relatives of US citizens. Q. Hence it can use much more EB3 numbers : 6492 in 2017, 6588 in 2018. They indicate how far forward the Final Action Dates may advance in the coming month. When the demand for visas is higher than estimated and/or the availability of visas is lower than estimated, this may require retrogression of a Final Action Date in order to ensure that visa use remains within the limits established by Congress and that visas within a particular queue (based on category and country of chargeability) are generally allocated to those with the earliest priority dates as possible. We see no change since the February 2023 Visa Bulletin. Please note that accepting or rejecting a benefit request is part of USCIS intake processing; it is not the approval or denial of the benefit request by an adjudicator. VisaScreen EB-1 Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. 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. EB3 has a very low chance of getting any spillover as it only gets it from EB2. If green cards are unavailable, you will not see any movement from that final action date. What is cross-chargeability and how does USCIS apply it? A. The first term that youll hear thrown around is the priority date. This is clear from the language about accompanying or following to join, which allows a derivative to receive an immigrant visa or adjust status after the principal applicant. (Added 10/26/2022). What I understand from HR-1044 is all countries will be benefited from unused GCs in EB2 Category, but do we know how many GCs are left unused in EB2 category in 2018? Q. USCIS has not clarified this in the court filing. How does retrogression of the Final Action Dates affect eligibility for exemption from the 6-year limit on H-1B status? What if dependent family members are not approved before priority dates move back? 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. looking forward for more. It will take a while time to explain why the cells are empty . So, if there is less wastage overall, the EB2 will win in the long run. I did two Live Webinars on How to Navigate the Green Card Process (150 and 130 Minutes in Duration). There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. A. However, this is only available for certain green cards that use the I-140. Mexico remained on January 1, 2002. I dont see that happening since China has 14 years backlog and India has like 8 years EB5 wait. 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.. crossed. I still didnt understand how EB3 allocation can be 6K and more than EB2 for India. I am on EB1 with priority date Jan 2018. Appreciate your input. How did EB3 India get 6,608, when EB2 India got just 2,879 for FY 2017? However, per USCIS rules, no single country is allowed more than 7% of the total number. How does USCIS determine if an immigrant visa is immediately available when considering whether to accept or reject an adjustment of status application? 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. 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). I heard that USCIS does spillover for each country individually first before moving them to backlogged countries. Back to Green Card Discussion Forum (I-485) Ask a Lawyer. (Added 10/26/2022). My priority date eb2 2013 Jan, Can u please tell when it will be current? Q. If the immigrant visa petition underlying my pending adjustment of status application has not been adjudicated, will this prevent me from transferring the basis to a different petition? green card spillover 2022 predictions. S0, unused 943 visas from EB4 would spill over to EB1. VisaNation Law Group attorneys have extensive experience helping people obtain green cards through their families and through their employment and can help you avoid the common pitfalls. Above Math should have given you an estimate of how long it would take to get your Green Card if you apply for Green Card today. They also probably hold the dates based on their assumptions about how many ROW (rest of world) numbers are needed which is just a wild speculation. Q. 9. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Whats in the October 2018 Visa Bulletin October Visa Bulletin 2018 was release by the Department of State recently. Q. PO Box 660834 Crimes If we transfer an applicants underlying basis, then we calculate an eligible applicants CSPA age using the applicants age at the time the immigrant visa becomes available in the new category minus the time the immigrant petition that forms the new basis of the adjustment of status application was pending. Under INA 203(b), Congress divides the overall employment-based annual limit between the five employment-based categories based on fixed percentages. 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. November 2022 Visa Bulletin Predictions: Green Card Limit, Priority Date, Spillover | US ImmigrationWe are dedicated to providing you with the current and mo. firm specializing exclusively in US immigration law. 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