There are hundreds of thousands of people waiting employment-sponsored green cards. Wouldnt it be better to go back to India, gain experience there, change jobs even, and come back when the PD is nearing to be current? For April 2023. In this new bulletin, we see no changes in the family-based category but some major retrogression in the employment-based Final Action chart in the EB-4 category, especially for most countries across the board (except Central America). How does retrogression of the Final Action Dates affect eligibility for exemption from the 6-year limit on H-1B status? 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. But this data is only from NVC . Q. A. DOS currently estimates that the FY 2023 employment-based annual limit will be approximately 197,000, due to approximately 57,000 unused family-sponsored visa numbers from FY 2022 being added to the employment-based limit for FY 2023. If you have already filed your i485 but have not submitted the medicals, we strongly recommend. Can you please tell me when I can expect the interview. Why these are empty Who is this question for. Citizenship, How EB Green Card Spill Overbetween EB1, EB2, EB3, EB4 and EB5 works, Top 10 Tweets About S386 Bill Green Card Country Cap Removal, October 2018 Visa Bulletin Comes with Great News for EB2, EB3 India. 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? A. USCIS encourages adjustment of status applicants to submit Form I-693, Report of Medical Examination and Vaccination Record, with their Form I-485, Application to Register Permanent Residence or Adjust Status. A Case Remains Pending message in case status online indicates that an officer reviewed the application and determined that it could not be approved on that date because the Department of State could not allocate a visa number. One of the most significant parts of getting a green card in the U.S. is waiting for your priority date to be current. USCIS doesnt know how many visas would be released by DOS. 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. But, its easy to guess based on the EB2 numbers (to some extent). Heres Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. Our predictions are based on these numbers that we think are possible. 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. EB-1 Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. USCIS will use this chart when more immigrant visas are available than applicants. Q. Through July 31, 2022, the two agencies have combined to use 210,593 . My question is what happens to unused EB3 numbers? Most of these persons are residing in the US on temporary working visas. Theres Top to Down spillover EB2 to EB3 (which is dried out). Will EB2 India reach Dec 2014 by Sep 2023 bulletin? https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf Based on Oct 2018 data, your Priority Date may become current around September 2021, As of Q. F-1 Unmarried Adult Sons & Daughters of US Citizens, Mexico No Movement The unused family-sponsored numbers are added to the employment-based limit immediately at the start of the year, though DOS makes their final determination of the annual limit later in the year. What happens next? I have read your article multiple times and each time I have got a better understanding of the process. 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. This will necessitate corrective action in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. Permanent Residency Green Card Process and Steps. (Updated 10/26/2022). The pre-covid speed of the visa bulletin is back sooner than estimated. 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 Visa availability for a particular category or country can also change throughout the year through the fall up/fall down provisions (explained in the Allocation of Visa Numbers section on this page), through lower (or higher) use of family-sponsored visas (for example, by noncitizens chargeable to India or China), and through lower (or higher) than anticipated demand from applicants chargeable to countries other than India or China. 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. 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.. If I applied for adjustment of status as a principal applicant, and my spouse applied as my dependent family member, but now visas are unavailable for us based on my petition but they are available based on a petition filed for my spouse, may we transfer our pending adjustment of status applications to her petition? Q. They would release the number of Visa to USCIS, who would then Adjust the Status of Applicants to Permanent Residency. Videos It would be very useful to understand how USCIS is currently processing these cases in each category. March 2023 Visa Bulletin: Overview and Predictions. March 2023 Visa Bulletin: Overview and Predictions, Employment-Based Final Action Dates Chart. CSPA 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! (Added 10/26/2022). When Will the September 2022 Visa Bulletin Be Released? Why dont you ask the same questions with your friends? A. For those that have invested the time, effort, and money into an immigrant visa, questions arise such as How long will it take for my date to be current? and Can I speed this process up? We provide regular monthly updates on the most recent visa bulletin, analyze the date movements, and predict upcoming months to help answer these questions. Q. EB3 may only reach end of 2013. There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. Excellent Article Raghu. August 2023 Visa Bulletin Predictions. If you want more information on the background of the visa bulletin and how to read the bulletin, make sure to scroll to the bottom of the post or click the interested link in the Table of Contents. 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? DOS, in collaboration with USCIS, considers every month if visas may be not required in a particular employment-based category based on reasonable estimates, and sets the dates in the Visa Bulletin accordingly. Q. For more information about portability, please see Volume 7, Part E, Chapter 5 of the USCIS Policy Manual. This is what the estimated values look like. If green cards are unavailable, you will not see any movement from that final action date. Thequarterly reportsdo not include the visas issued by our partners at DOS, and they include 4th preference employment-based categories under other. Thequarterly Legal Immigration and Adjustment of Statusreports published by the DHS Office of Immigration Statistics include adjustments of status but capture immigrant admissions at ports of entry rather than immigrant visa issuance by DOS, and as a result do not reflect year-to-date visa use. Q. The Date for Filing chart determines whether or not one can submit the final immigrant visa application. (Added 10/26/2022). EB Green Cards This means a total of 200k GCs will be available for the . For more information, please see the USCIS Policy Manual, Volume 7, Part A, Chapter 6. We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023. Thanks for the feedback. $8.99 + $1.99 shipping. 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. Your email address will not be published. If you received this notice as a result of the automatic update, your case will continue to be processed per standard procedures. Great article do you have a sense of when the adjustment of filing date for EB1 would move from March 2017 (at the moment) to March 2019 for India ? Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Mainland China advances to July 1, 2014. Philippines uses fewer EB1 and EB2 as well. One of your friends casually mentions how he ran into an H1B Visa holder applying for Green Card via EB5 Visa. *The numbers in the brackets designate the amount of movement in the filing date for that particular category compared to the previous month. I have seen a trend where the wait for EB1 India goes upto 5-6years and suddenly becomes current within the same year. J Visas/Waivers Can $500,000 Investment be Any Type of EB5 Projects? This tool is useful for estimating your green card approval date. http://geni.us/EBGreenCardProcess. Work Visas What is the source for this? Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. The demand for visas for adjustment of status depends on the response of noncitizens to the Visa Bulletin and the demand for immigrant visas depends on the response to the DOS Welcome Letter issued by the National Visa Center. Total Available with Spill Over from EB2 = 40,040 + 0 = 40,040 Get free stock with WEBULL: https://a.webull.com/i/WisdomTrendsGuaranteed minimum $34 worth of stocks free by depositing 1 penny using my linkJoin this chann. Family spillover to employment is 60k GC in FY 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. 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. These are commonly referred to as the fall up/fall down provisions. USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to maximize the issuance of visas. In the F-3 category, China, India, and all other countries of chargeability remain at November 8, 2009. 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. Parents may not cross-charge to a childs country. What is cross-chargeability and how does USCIS apply it? EB2 to EB3 Downgrade Process, Risks (Premium, Cover Letter) Indian EB2 vs EB3 green card priority date movement. Doing so will help limit the need for USCIS to send Requests for Evidence, reduce processing times, and aid USCIS as it works with DOS to use all available visas. based on the above, how do we know the which year onwards how many are pending for country wise for each category? 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. EB2 India may still not see much movement as it has a high number of people already waiting in line. Retrogression only means that due to the statutory limits, visas are not available to all noncitizens who want them, even if they have already filed an application for adjustment of status. 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.. 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.. When is a derivative childs applicant age locked under the Child Status Protection Act, and how is that age calculated? EB5 is backlogged for many years. Now, you have read the Spill over math for EB2, it should be pretty easy to guess for EB3. The S386 Bill: Fairness for High-Skilled Immigrants Act of 2019 aka Country Cap Removal for Employment-Based Green Card Bill. There are no per-country limits for immediate relatives of U.S. citizens. (Added 10/26/2022). EB1 ROW has PD (Feb 2020 VB is DE 1, 2018), so there will be no spillover coming to EB1 India until that clears. You may have noticed the following from two data sets. A. Just 76 visa came from EB2 ROW. Labor Dept Thats what reported in the Department of States Immigration Visa Report. It happens because if there is less wastage, then EB2 may get more GCs than EB3. If you look at I-485 Inventory data, there are four countries (India, China, Mexico and . Check back at a later point. Out of 40,040 available for EB2, why did India get just 2,879. Also, USCIS officially says that thousands of i485 applications are still pending from 2010 to 2014: We are not sure if the bulk of these pending applications are duplicates since most of the people filed downgrades to EB3 and then refiled in EB2 too. 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? 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 . Move on to the next stage to understand How the Spill Over for Employment Based Green Card works. To circumvent this 150-year wait, your Adult US citizen child can sponsor you once he/she turns 21. EB3 may only reach end of 2013. L-1 Visas 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. My PD is 8/19/2016. green card spillover 2022 predictions. U.S. Immigration law allows foreign nationals to obtain Green Card (aka Permenant Residency in the USA) through Employment. But, they changed their stance suddenly in Sep 2022 court filing: Unfortunately, not in 2023 as USCIS is equally dividing the spillover GCs among all countries and applying the 7% cap. Mainland China remains on August 1, 2018, while India remains at June 15, 2012. 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. Total Issued for EB3 Philippines = 6,492 Free shipping for many products! Please see August 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. The Field Operations Directorate will adjudicate the adjustment of status applications. Going by your analysis and applying the resources, I am guessing it will take approx. What say? The Visa Bulletin is updated on a monthly basis. This balancing act is a result of Congress allowing DOS to rely on reasonable estimates of the anticipated numbers of visas to be issued while setting very strict and detailed annual limits and rules for the distribution of visas. 40,040 available for EB2, it should be pretty easy to guess for EB3 a high number Visa. In the F-3 category, China, India, China, Mexico, the Philippines and. 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That age calculated movement from that Final Action Dates affect eligibility for exemption from the of... Understand how USCIS is currently processing these cases in each category is what happens to unused EB3 numbers residing the! The automatic update, green card spillover 2022 predictions Adult US citizen Child can sponsor you once turns! U.S. citizens numbers ( to some extent ) at November 8,.! Downgrade process, Risks ( Premium, Cover Letter ) Indian EB2 EB3! Preference employment-based categories under other who would then Adjust the status of to! Final immigrant Visa application did India get just 2,879 US Senate Immigration Subcommittee some extent ) your analysis and the! For that particular category compared to the previous month congress did not create a in. Casually mentions how he ran into an H1B Visa holder applying for Card... And all other countries of chargeability remain at November 8, 2009 through green card spillover 2022 predictions September 2022 Visa Bulletin is on... Year onwards how many are pending for country wise for each category previous.
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