China and the rest of the world are at March 1, 2022, India at April 1, 2021 and Mexico is at September 1, 2020. Visas August 2023 Visa Bulletin Predictions. Q. Even I want to know why those are empty. Crimes Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. MY GOD, WHY IS THIS SO HARD TO UNDERSTAND??? In other words, if there were unused family-sponsored numbers in the previous fiscal year, they are distributed based on the same fixed percentages. Your app cant predict the dates accurately, because USICS always acts in a different way. How does retrogression of the Final Action Dates affect eligibility for exemption from the 6-year limit on H-1B status? Once current, you will adjust your status or go through consular processing. Family spillover to employment is 60k GC in FY 2023. Green cards that originate in the family-based system, rolled over to employment-based because they went unused, and then attempted to roll back to family because they are unused again, can be wiped out by the formula. 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. So, overall, EB2 gets a big chunk. As per this figure, the number of EB2 Visa issued for Indian Nationals came down drastically from FY 2014. Q. | We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023. 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 . (Updated 10/26/2022), An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. jQuery(function(){if(typeof WebFont!=='undefined'){WebFont.load({google: {families: ['Open Sans:400,700',]}});}}); Schedule Consultation Now, you should be getting an idea about why EB2 Numbers are not moving to India! Under the statute, these percentages apply to the total employment-based limit, which consists of 140,000 plus the unused family-sponsored numbers from the previous fiscal year. A. 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). Then we can take a deeper dive within EB2 and EB3 and how Fall-Side works within Each Employment Based Preference Category. The government estimates that 197,000 green cards will be available to persons in the employment categories in Fiscal Year 2023, down from 281,507 in FY 2022, but 57,000 higher than the 140,000 mandated by law as the result of 57,000 unused family-based green cards in Fiscal Year 2022. My PD is 2012 feb for eb3 category. 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. I thought eb3 will move faster compared to eb2 for 2019. But this data is only from NVC . Q. Thank you. J Visas/Waivers A. When do you think this date might become current? A. Retrogression has no effect on lawful permanent residents. Very good point. March 2023 Visa Bulletin: Overview and Predictions, Employment-Based Final Action Dates Chart. I think I didnt put it correctly perhaps. And you also have an option to go to Canada via Express Entry. Eligibility You filed a Form I-485 before February 1, 2021, in EB2 or EB3. 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). The unused family-sponsored visa numbers added to the employment-based limit in the subsequent fiscal year are not automatically distributed to applicants with the earliest priority dates because the per-country limits still apply. Reports on Judges (Added 10/26/2022). Please submit your thread title. 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. 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. Your email address will not be published. When Can I Get My Green Card: Get step-by-step details on when you can expect to A. 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. Now, lets look at the numbers for EB-2 India since 2018. Your next question How do I calculate the Wait Times for my Green Card? How did EB3 India get 6,608, when EB2 India got just 2,879 for FY 2017? The EB3 India should still move forward and may reach 2014 as per our estimation. How does USCIS determine if an immigrant visa is immediately available when considering whether to accept or reject an adjustment of status application? Required fields are marked *. Congress has established statutory provisions that allow for the flow of visas not required in certain employment-based categories to be made available to applicants in other employment-based categories. any chance for aug 2011 EB3 to become current or atleast get EAD in a year or so? Do biometrics expire due to retrogression? Excellent Article Raghu. Now with the FB green card restrictions there is possibility of spillover to EB GC category, how this spillover works, will it all move to EB1? 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. 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. Hi, My PD is February 2018 EB1A India. For example, if I applied for adjustment of status based on an EB-3 petition and USCIS granted my transfer request to an EB-2 petition, will USCIS consider my eligibility on either petition? I will analyze the data to get further insights. However, this is only available for certain green cards that use the I-140. 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. Thanks to my friend whos been keeping track of these EB-2 India numbers for these years. They are all EB1-C geniuses who use a loophole in the system and come in as functional managers whatever that might be. Number of days between Dec 26 2008 and June 2014 is ~~ 2000 days. To circumvent this 150-year wait, your Adult US citizen child can sponsor you once he/she turns 21. For all other employment-based preference categories, the priority date generally is the date USCIS accepts the underlying petition for processing. Q. You see so many, recently arrived cocky Indian families who are so completely disconnected from American culture. If not, you must read it again for EB4 to EB5 to EB1 to EB2. Great news for applicants waiting on Green Card backlog in the October Visa Bulletin 2018 from the Filing Chart Date. If green cards are still available, the final action date will likely move closer to your priority date. There are millions of people waiting in line abroad for family-sponsored green cards. Below is a simplified visual representation of what this looks like. When we determine that there are immigrant visas available for the filing of additional adjustment of status applications, noncitizens must use the Dates for Filing chart to determine when to file an adjustment of status application with USCIS. (Added 10/26/2022). Only the publication of a revised Visa Bulletin for a month would alter USCIS decision about accepting or rejecting an application due to visa availability. Do you think the high investor fee for ( EB5) will increase the spillover ? A. 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! This is what the estimated values look like. It would be very useful to understand how USCIS is currently processing these cases in each category. In EB-2, Mexico, there are no changes cross the board since the last bulletin. Like this thread 0 0. 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. Get latest visa bulletin and blog posts sent directly to your email address. S0, unused 943 visas from EB4 would spill over to EB1. Picture Information. How does the transfer of underlying basis request process work? (Added 10/26/2022). Theres a set limit on how many Green Cards can be issued per year per country per preference category through Employment Based. Heres the link to the REcorded Version with Bonus Contents http://geni.us/EBGreenCardProcess. A. South Korea uses fewer EB1 numbers. Q. A. USCIS makes every effort to adjudicate the principal and derivative family members at the same time, but this is not always possible. Why dont you ask the same questions with your friends? It happens because if there is less wastage, then EB2 may get more GCs than EB3. EB-4 Certain Special Immigrants: 7.1% of the worldwide level. Do not send other forms, documents, or evidence to this address. Yes. The responses and information are intended to be general and should not be relied upon for any specific situation. I have seen a trend where the wait for EB1 India goes upto 5-6years and suddenly becomes current within the same year. The Field Operations Directorate will adjudicate the adjustment of status applications. down? This green card prediction tool is free to use. Dont ask me why 41,827 Visas were issued for EB1. If your underlying petition is approved and a visa is available to you, but you know that your previously filed Form I-485 does not have a valid Form I-693,it will help USCIS use the available visas and adjudicate your application if youvisit a civil surgeonand have a valid Form I-693 on hand when we send the request to you. Its easy to schedule a legal consultation. Family-Based Remember that your priority date does not move, and you cannot change it except under certain circumstances. The time that it will take you to get a green card depends on the category of your petition and your country of birth. Q. You are correct about 2800 issued per year. What is the source for this? 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. There are no per-country limits for immediate relatives of U.S. citizens. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. This equates to over 290,000 employment-based green cards. (Added 11/17/2022). How does the spillover from ROW work? Remember, marriage-based green card applicants, are known as immediate relatives and dont have to wait to receive a green card. The contents in the channel is for informational purpose only collected from Various public domains. What happens when an EB-3 I-140 downgraded petition is pending and attached to a still-pending Form I-485? I still didnt understand how EB3 allocation can be 6K and more than EB2 for India. Your current employer with an approved I-140 (from EB-2) with a priority date that is current in EB-3, can downgrade your case . 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. Will 60k new Family to Employment Spillover Help EB2 India? USCIS will use this chart when more immigrant visas are available than applicants. Vs EB1 will move if and when theres spillover coming from EB4 and EB5. To highlight the importance of applicants making this decision themselves and communicating it to us, here is an example. 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. For legal advice, consult an experienced immigration attorney. (Added 10/26/2022). Porting to EB2 would increasethe wait times of EB2 applicants. Note: Priority dates are not relevant for immediate relatives of U.S. Citizens (e.g., spouses or minor children) as that category is always current. Share sensitive information only on official, secure websites. (Added 10/26/2022). For more information about portability, please see Volume 7, Part E, Chapter 5 of the USCIS Policy Manual. What this means is any unused ROW EB2 numbers are first spill over to ROW EB3 before they move to EB2 backlogged countries. 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. In addition, China remained on June 8, 2019, while India was on October 8, 2011. 2019-Nov: Thanks a lot for all your analysis. Otherwise, use the Final Action Dates chart to determine when to file an adjustment of status application with us. If I am applying for adjustment of status, should I submit Form I-693 with my Form I-485? Consider a noncitizen with a pending Form I-485 who does not have an available visa based on the underlying petition. Due to patterns we have seen in the past, the USCIS typically tries to narrow the gap between India EB2 and EB3 priority dates. October 2022 Visa Bulletin Predictions. One-Year Rule, 2002 PresentEB CategoriesEB VideoFamily CategoriesTips for FB Cases CSPA. If you are new to Green Card Process and dont have a good understanding about the steps involved, read thisU.S. Neither report can be used to determine the number of employment-based immigrant visas used during a quarter. InfoPass Another reason Theres EB3 to EB2 porting. Q. How to estimate the Priority Date movement from coming months? Per the following link, as of November 2018 there are only 876 EB1 pending applicants. I have read your article multiple times and each time I have got a better understanding of the process. Any clue? 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. I-485 is filed with USCIS (Falls under Department of Homeland Security), Visa Bulletin is announced by the Department of State, Total Available = Based on Table 1 Above (As per US Immigration Law), Total Issued = Based on Annual Report published by Department of State, Spill Over and Left Over = Manual Math based above two reports, Left Over EB4 =9,940 8,997 = 943 (This Spills Over to EB1), Total Available with Spill Over from EB5 = 40,040 + 943 = 40,983, Total Available with Spill Over from EB1 = 40,040 + 0 = 40,040, Total EB2 Visa Issued for India for FY 2017 = 2,879. In the F-2B category, China, India, and all other countries of chargeability remain at January 1, 2017. 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. All Other Countries Remain Current, EB-2 Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability, India No Movement *The numbers in the brackets designate the amount of movement in the filing date for that particular category compared to the previous month. They indicate how far forward the Final Action Dates may advance in the coming month. 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. EB-5 (Unreserved including C5, T5, I5, R5). 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. We offer Zoom and telephonic consultations. Mainland China advances to July 1, 2014. 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