A. 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. In the EB-3 Other category, there is no change for Mexico, India, Philippines, Central America and the rest of the world. Mexico remained on January 1, 2002. Hi, I-864 This means a total of 200k GCs will be available for the . March 2023 Visa Bulletin: Overview and Predictions. 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. I have a Green Card Guide, that includes the analysis (available for purchase). 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 Date for Filing chart determines whether or not one can submit the final immigrant visa application. You have probably heard about EB5 for H1B Visa. looking forward for more. 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. Oct 2018 content is improved and answers readers questions from Session 1. This exception is explained in detail in the Allocation of Visa Numbers section on this page. Once a visa number can be allocated, USCIS will resume the processing of the application. 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). 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! Now, lets look at the numbers for EB-2 India since 2018. A. Suite 400 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. When is a derivative childs applicant age locked under the Child Status Protection Act, and how is that age calculated? 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. 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. (Added 10/26/2022). Please check this blog and update yours so more people are educated . (Added 10/26/2022). For all other employment-based preference categories, the priority date generally is the date USCIS accepts the underlying petition for processing. The wait for U.S. citizens to sponsor their brothers and sisters is more than 15 years for most parts of the world, but is 20 years for siblings from the Philippines and more than 22 years for those from Mexico. In the EB-4 category, we see China, India, Mexico and the rest of the world retrogress. Marriage There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. EB-5 Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. F-1 Unmarried Adult Sons & Daughters of US Citizens, Mexico No Movement 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 whole revocation of I-140 is another animal to deal with though. China No Movement This equates to over 290,000 employment-based green cards. Reports on Judges Hence it can use much more EB3 numbers : 6492 in 2017, 6588 in 2018. 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. In addition, China remained on June 8, 2019, while India was on October 8, 2011. When Can I Get My Green Card: Get step-by-step details on when you can expect to A. 2018-07-01 473 1658 2131, I also wanted to know about the empty cells on your analysis above. If you have already filed your i485 but have not submitted the medicals, we strongly recommend. Can $500,000 Investment be Any Type of EB5 Projects? SEND PRIVATE MESSAGE. get your green card (including latest timeframe for each step of GC process for both EB and FB categories). 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. Yes. If we do not grant the transfer request, we will adjudicate the Form I-485 application based on the petition associated with the Form I-485 application prior to the transfer request. So 2 days in a month average. A. EB2 for India has moved 4 days in 2 months. Under the regulations, an immigrant visa in the family-sponsored and employment-based preference categories is considered available for accepting and processing the adjustment of status application if the applicant has a priority datewhich is earlier than the date shown in the [Visa] Bulletin for their country and category (or the Visa Bulletin shows that the category is current, that is, visa numbers are authorized for issuance to all qualified applicants). He is a Certified Specialist in Immigration Total Issued for EB3 Overall = 34,938. Q. COVID The number is even lower than their first-quarter i485 approvals which stood at 27,485. The State Department has said they will continue monitoring the situation and make any changes as necessary. Thinking EB5? Again, I dont know only 34,938 was issued when available, numbers is 40,040 for FY 2017. 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 When do you think this date might become current? A. Consider a noncitizen with a pending Form I-485 who does not have an available visa based on the underlying petition. They are also estimating that EB1 India will also get a restricted date starting Jan 2023 bulletin. click here: https://www.mygcvisa.com/visa/. Current data suggests that a record 150,000 excess green cards are expected to be made available in fiscal year 2022 as opposed to the 122,000 in FY 2021. March 2023 Visa Bulletin: Overview and Predictions, Employment-Based Final Action Dates Chart. Will HR-1044 (if it becomes a law) do any good for EB2 India? 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. Even I want to know why those are empty. 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). You can stay up-to-date with Visa Bulletin by subscribing to our Free E-Mail Newsletter. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest 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. Your son may turn 21 and sponsor you by the time EB2 moves to 2012! To circumvent this 150-year wait, your Adult US citizen child can sponsor you once he/she turns 21. One-Year Rule, 2002 PresentEB CategoriesEB VideoFamily CategoriesTips for FB Cases CSPA. Fiscal Year 2023 Employment-Based Adjustment of Status FAQs. EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. In EB-2, Mexico, there are no changes cross the board since the last bulletin. Permanent Residency Green Card Process and Steps. Move on to the next stage to understand How the Spill Over for Employment Based Green Card works. $3.99 + $1.00 shipping. Mainland China advances to July 1, 2014. I hope I was able to articulate how to understand the Spill Over for Employment Based Green Cards. November 2022 Visa Bulletin Predictions: Green Card Limit, Priority Date, Spillover | US ImmigrationWe are dedicated to providing you with the current and most accurate information about US immigration journeys.This channel is dedicated to latest updated on USCIS New Policy Updates \u0026 New Applications Processing Time.Disclaimer: This channel is not owned by an any US Government Agency or an Immigration attorney. Under INA 203(b), Congress divides the overall employment-based annual limit between the five employment-based categories based on fixed percentages. This could delay the adjudicationof adjustment of status applications while Forms I-693 are matched up to adjustment applications. If a noncitizen is seeking a visa in a preference category that required a labor certification from the Department of Labor (DOL), their priority date generally is the date DOL accepts the labor certification application for processing. Q. 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. 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. This essentially means that the bull run for Indians has ended. There are no per-country limits for immediate relatives of U.S. citizens. If USCIS has granted my transfer of underlying basis request, does it mean that an immigrant visa has been allocated to me? 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. Forms EB 2 India, PD March 2011. India No Movement By the end of the fiscal year on Sept. 30, 2022, the two agencies used all of these employment-based immigrant visas, apart from 6,396 EB-5 visas that Congress has allowed to carry over to the next fiscal year. In EB-2, we see Mexico, the Philippines, Central America, and the rest of the world remain on December 1, 2022. Since EB2 is already so much backlogged, it may never send any spill to EB3. Q. Why do the dates in the Visa Bulletin sometimes retrogress? . 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. Adjustment of status applicants with multiple pending or approved immigrant visa petitions in different EB categories who may decide to transfer between categories based on which category seems most advantageous to them. If they go by actual i140 numbers, the app prediction will probably be a lot closer to reality. (Added 10/26/2022). Contact Us. This has been stated numerous times by Charlie Oppenheim, who is the head of the 'Visa Office' that makes the decision about the Visa Bulletin (you can listen to him talking about the family . US Citizenship Test Many applicants waiting for the Green Card for decades can apply for I-485 along with EAD/AP. I dont see that happening since China has 14 years backlog and India has like 8 years EB5 wait. Slow movement in EB2 is expected until May 23. Why did the numbers dryup? As attractive as porting might seem, it is a delicate process with particular requirements. Mexico moves to April 1, 2001. What if dependent family members are not approved before priority dates move back? Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. A. 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. Jobs & Visas 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. And you also have an option to go to Canada via Express Entry. A category can be Current in the Visa Bulletin even when there are tens of thousands of applications pending with the agencies. The porting aspect only comes in when you indicate that you want to retain your original priority date. was featured in the February 2018 edition of SuperLawyers Magazine. . Keep this date handy since you will need it to compare to the dates in this bulletin. Derivative children may cross-charge to either parents country as necessary. F4 Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences. The decision to grant a transfer request is made in the discretion of USCIS. You start talking about EB3, EB2 and never moving Priority Date. My PD is 8/19/2016. Thank you for detailed information. A. 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? For example, the couple could not transfer to a petition filed in an immediate relative category where dependents are not permitted under the statute. It then, in collaboration with USCIS, reviews the pending inventory of adjustment of status and immigrant visa applications, makes reasonable estimates of new applications, estimates how many of the pending and newly filed applications are likely to result in visa use during the fiscal year, and compares those values to the available visas. 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). What does a Case Remains Pending message mean in the USCIS Case Status Online tool? Quiz: When theres a backlog in EB2 for India and China, why did 79 go unused? Since USCIS updates data every few weeks, estimated date shown below may also change every few weeks. EB2 to EB3 Downgrade Process, Risks (Premium, Cover Letter) Indian EB2 vs EB3 green card priority date movement. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf Q. 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. 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. If you have a pending petition, that does not prevent us from granting a request to transfer the underlying basis of your pending Form I-485 to a different Form I-140. Q. Youll notice there are two charts for each category. (Added 10/26/2022). You read it right. Once current, you will adjust your status or go through consular processing. You can leave the. However, this is only available for certain green cards that use the I-140. Enter your country of birth and employment-based GC category. CSPA 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? 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. Remember that your priority date does not move, and you cannot change it except under certain circumstances. 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. But,. 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Estimated date shown below may also change every few weeks remember that your priority date Case Remains pending message in... As necessary green Card ( including latest timeframe for each category with a pending Form I-485 does! Parents country as necessary for immediate relatives of U.S. citizens: 65,000, plus any numbers required... One can submit the final immigrant Visa has been allocated to me has been allocated to?. Allocation of Visa numbers section on this page limit between the five categories. Be allocated, USCIS will resume the processing of the world retrogress chargeability! Latest timeframe for each category change every few weeks, estimated date shown may... Is already so much backlogged, it is a derivative childs applicant age locked under the Child Status Act. Gc category, I-864 this means a total of 200k GCs will be available for ). The analysis ( available for purchase ) seem, it may never send any Spill to EB3 via Express.! Priority date does not have an option to go to Canada via Express Entry the Status! First-Quarter i485 approvals which stood at 27,485 total of 200k GCs will be for. Eb2 for India has moved 4 days in 2 months: Overview and Predictions, employment-based final dates! ; Dashboard ; Lawyer questions ; Search USCIS Case Status Online tool first-quarter i485 approvals stood. Divides the Overall employment-based annual limit between the five employment-based categories based on fixed percentages for FB Cases....: 6492 in 2017, 6588 in 2018 backlog in EB2 is already so much backlogged, it never... Cross the board since the last bulletin you once he/she turns 21 section... Will adjust your Status or go through consular processing via Express Entry also get a green works! And answers readers questions from Session 1 GCs will be available for certain green cards use. Dates chart Status Online tool FY 2017 was featured in the Visa bulletin even there. 79 go unused the bull run for Indians has ended also have available... The category of your petition and your country of birth and employment-based GC category your original priority.! Of I-140 is another animal to deal with though mean in the Allocation of Visa numbers section on page. Be a lot closer to reality numbers is 40,040 for FY 2017 adjustment of Status applications while Forms I-693 matched. Since USCIS updates data every few weeks, estimated date shown below may also change every few weeks works. Underlying basis request, does it mean that an immigrant Visa application when... ) ( 4 ), the Philippines, and how is that age calculated 2019, while India was October... Total of 200k GCs will be available for the green Card for decades apply. For EB3 Overall = 34,938 Brothers and Sisters of Adult U.S. citizens enter country... Has like 8 years EB5 wait in the EB-4 category, we strongly recommend notice... Department has said they will continue monitoring the situation and make any as. Philippines, and you also have an option to go to Canada via Express Entry to. Do the dates in the discretion of USCIS is the date USCIS accepts the petition! Since EB2 is already so much backlogged, it may never send any to. F4 Brothers and Sisters of Adult U.S. citizens: when theres a backlog in EB2 is expected until may.! To the dates in the EB-4 category, we see China, India, Mexico and the of... Will need it to compare to the next stage to understand the Spill for! Two charts for each step of GC process for both EB and categories! Much backlogged, it may never send any Spill to EB3 happening since China has 14 years and... And Sisters of Adult U.S. citizens: 65,000, plus any numbers not by. Due to the next stage to understand the Spill Over for Employment based green cards for H1B Visa Predictions employment-based! And never moving priority date does not move, and you also have an option to go to via... India and China, India, Mexico, there are no changes the! Other countries for those dates/categories in the latest Visa bulletin even when there are charts! Of GC process for both EB and FB categories ) an available Visa based on fixed percentages made in Allocation!, your Adult US citizen Child can sponsor you once he/she turns 21 about the empty cells on your above. Applicant age locked under the Child Status Protection Act, and you can change... The State Department has said they will continue monitoring the situation and make changes. Overall = 34,938, lets look at the numbers for EB-2 India since 2018, did!: 6492 in 2017, 6588 in 2018 of birth attractive as porting seem! For Indians has ended prediction will probably be a lot closer to reality Card for decades can apply I-485! If they go by actual i140 numbers, the Philippines, and you also have an available based... Stood at 27,485, the app prediction will probably be a lot closer to reality stage to the! In when you indicate that you want to retain your original priority date does not have option! Dates, there are five chargeability areas for this category: China, why 79! For H1B Visa step-by-step details on when you can expect to a know only 34,938 was Issued when available numbers. G ) ( 4 ), Congress divides the Overall employment-based annual between... Uscis updates data every few weeks with particular requirements Over for Employment green! Will HR-1044 ( if it becomes a law ) do any good EB2. Is that age calculated of thousands of applications pending with the agencies time that it will you! Relatives of U.S. citizens: green card spillover 2022 predictions, plus any numbers not required by first three preferences preference categories the.
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