So, if there is less wastage overall, the EB2 will win in the long run. If you havent guessed the answers, heres the questions again. A. USCIS makes every effort to adjudicate the principal and derivative family members at the same time, but this is not always possible. Q. When Will the September 2022 Visa Bulletin Be Released? A. DOS and USCIS are only authorized to issue immigrant visa numbers (for purposes of consular processing or adjustment of status) if the applicant in the given family-sponsored or employment-based preference category has a priority date which is earlier than the date shown in the Final Action Dates chart of the Visa Bulletin for their country of chargeability and immigrant visa category (or the Visa Bulletin shows that the category is current, that is, visa numbers are authorized for issuance to all qualified applicants). My immigrant visa petition has been approved and I have a pending adjustment of status application. 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. Eligibility You filed a Form I-485 before February 1, 2021, in EB2 or EB3. When do you think it will be current? Can you please tell me when I can expect the interview. (Added 10/26/2022). Please note that just because a visa is available for issuance to an applicant does not mean that the applicant has been allocated a visa. A. 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. A. (Added 10/26/2022). 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. I hope I was able to articulate how to understand the Spill Over for Employment Based Green Cards. EB Green Cards ?,Due to my high school going kid , I need to look for options appreciate your response. Each Country has a Cap of 7% Per category. Since EB2 is already so much backlogged, it may never send any spill to EB3. MY GOD, WHY IS THIS SO HARD TO UNDERSTAND??? 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. Employment-based transfer requests that are not accompanied by a Supplement J should be submitted in writing to the USCIS office with jurisdiction over your pending I-485 application. For the first question, you should know the answer based on my explanationso far in this page. . A USCIS officer reviews the transfer request and will grant or deny the request as a part of the adjudication of the adjustment of status application. Hence it can use more EB2 numbers: 4909 in 2017, 4405 in 2018 This exception is explained in detail in the Allocation of Visa Numbers section on this page. Physicians Out of 40,040 available for EB2, why did India get just 2,879. 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. One-Year Rule, 2002 PresentEB CategoriesEB VideoFamily CategoriesTips for FB Cases CSPA. The answer is ZERO! 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. However, there are two prominent cases in which you may be able to shorten your green card processing time, which we will explain here. And you also have an option to go to Canada via Express Entry. File i485, EB2 to EB3 downgrade with approved i140. These folks are in their late-30s, have 1-2 kids 2-8 years old. The Dates for Filing chart determines when an applicant can file an I-485. Marriage Therefore, any unused family-based visas get added to the EB categories. EB-5 Investors Multiple sources are reporting that there could be some spillover from the family-based green card category to the . I still didnt understand how EB3 allocation can be 6K and more than EB2 for India. Chinas wait-time is like 14 years and India is around 8 years. A. The Regional Center An EB-5 regional center is an economic unit, public or private, in the United States that is involved with promoting economic growth. 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. Please submit your thread title. 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. Total Issued for EB3 India = 6,608 Can you guess how many EB3 Visa was issued in India for FY 2017? 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. 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. One of the most significant parts of getting a green card in the U.S. is waiting for your priority date to be current. Q. Before looking at deeper data within EB2, let me finish the math for EB3 for FY 2017. 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. I have a Green Card Guide, that includes the analysis (available for purchase). 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. It does not mean that the derivative spouse or child always receives a visa or adjusts status on the same date as the principal applicant. In this example, USCIS would only consider the applicants eligibility for adjustment on the basis of the EB-2 petition, unless the applicant again requested a transfer to a third basis. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. 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. "Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. EB2 India Green Card Prediction for Jan 2023 Bulletin and beyond. 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? 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. Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. Your Form I-485 is based on an employment-based immigrant visa (but not an EB5 visa). EB4 is for Religious Workers and EB5 is for Immigration through Investment (1 Million Dollars or $500,000 in certain areas). Theres Top to Down spillover EB2 to EB3 (which is dried out). Please check this blog and update yours so more people are educated . USCIS has specified to use the Dates For Filing Chart for all employment-based AOS Filings for March 2023. Under that exemption, USCIS may grant additional periods in H-1B status in increments of up to 3 years for a noncitizen who currently maintains or previously held H-1B status, who is the beneficiary of an approved EB-1, EB-2, or EB-3 immigrant visa petition, and who is eligible to be granted LPR status in one of those categories but for the application of the per country limitation. Whats in the October 2018 Visa Bulletin October Visa Bulletin 2018 was release by the Department of State recently. Hence data will keep changing every month. Q. You might need to contact an expert immigration attorney for your specific immigration needs.Related Topics : november 2022 visa bulletin predictions,november 2022 visa bulletin,green card,visa bulletin,visa bulletin predictions,eb2,eb3,us immigration,us immigration news,uscis,visa bulletin 2022 predictions,uscis news,mandar immigration,immigration reform,immigration,green card news,immigration news,us visa,us visa interview waivers,employment based visa,family based visa,wisdom trends,mandar wisdom trends,adjustment of status,mandar immigration latest Hi Ash Prab, 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. Besides, whats the point in paying all the social security taxes for a decade without any benefits ??? If you are new to Green Card Process and dont have a good understanding about the steps involved, read thisU.S. You should be ready to file i-485 documents if the dates move forward quickly as the window might not stay open for long. We make this determination monthly based on how many visa numbers remain available for the year, USCIS and DOS visa-available inventory, and operational considerations. (Updated 10/26/2022). NVC Heres the link to the REcorded Version with Bonus Contents http://geni.us/EBGreenCardProcess. 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. H-1B Visas Watch this thread Start a new . Once current, you will adjust your status or go through consular processing. 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. Excellent Article Raghu. Client Reviews A. In the EB-3 Other category, there is no change for Mexico, India, Philippines, Central America and the rest of the world. When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? What this means is any unused ROW EB2 numbers are first spill over to ROW EB3 before they move to EB2 backlogged countries. 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 should only send transfer requests accompanied by a Supplement J to this address. Do you need help with your immigration case? The Visa Bulletin is updated on a monthly basis. Number use and demand has been higher than anticipated at the start of this fiscal year, so further retrogression has become necessary. Can $500,000 Investment be Any Type of EB5 Projects? Oct 2018 content is improved and answers readers questions from Session 1. 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). USCIS is committed, with its partners at DOS, to using all the available employment-based visas in FY 2023. Their english tends to be horrible at best, as most of them never took GRE/TOEFL, they never studied in the US. 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. 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). Your priority date should be before this date. 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. any chance for aug 2011 EB3 to become current or atleast get EAD in a year or so? . USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to maximize the issuance of visas. Total Issued for EB3 South Korea = 3,290 tracker (which has thousands of cases): Mexico remained on January 1, 2002. Dont ask me why 41,827 Visas were issued for EB1. I did two Live Webinars on How to Navigate the Green Card Process (150 and 130 Minutes in Duration). This month, well go over the March 2023 visa bulletin. Expert Witnesses We will update these tables as we get more data from USCIS or DOS. 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. Why do the dates in the Visa Bulletin sometimes retrogress? F4 Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences. If not, you must read it again for EB4 to EB5 to EB1 to EB2. Where can we find how many unused visa nos are available for EB3 or EB2 india for 2020. Your app cant predict the dates accurately, because USICS always acts in a different way. With five different preference levels and seven chargeability areas, USCIS issues employment-based category visas through your job or occupation. L-1 Visas F3 Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. If USCIS has granted my transfer of underlying basis request, does it mean that an immigrant visa has been allocated to me? Q. EB2 gets more spillover as a whole as it gets it from EB1 (and eb1 gets it from EB 4). A. S0, unused 943 visas from EB4 would spill over to EB1. My category retrogressed or a Final Action Date was applied. (Added 10/26/2022). 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.. USCIS will use this chart when more immigrant visas are available than applicants. Q. We are dedicated to ensuring we use as many availableemployment-based visasas possible in FY 2023, which ends on Sept. 30, 2023. This is misleading because you dont port your green card. 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. Q. (YYYY-MM-DD): Pending I-485 Cases Ahead of You: Pending CP Cases Ahead of You: Your Overall Place in Line for Green Card: 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.). 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. The State Department has said they will continue monitoring the situation and make any changes as necessary. Can you estimate how many employment-based immigrant visas USCIS and DOS will use during FY 2023? Total Available with Spill Over from EB2 = 40,040 + 0 = 40,040 (Added 11/17/2022). J Visas/Waivers 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. Dual Citizenship, USCIS I heard that USCIS does spillover for each country individually first before moving them to backlogged countries. In EB-2, we see Mexico, the Philippines, Central America, and the rest of the world remain on December 1, 2022. Yes. For more information, please see the USCIS Policy Manual, Volume 7, Part A, Chapter 6. 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. (Updated 10/26/2022). My priority date eb2 2013 Jan, Can u please tell when it will be current? Senator Feinstein and Her Unknown Immigration Legacy, Attorney Shusterman Featured in SuperLawyers Magazine, CSPA Age Calculation Why the USCISs New Policy Falls Short, Its Time to Fix Our Broken Legal Immigration System, Biden Administration Announces New Border Crackdown. EB1, EB2 and EB3 = 7% of 40,040 = 2,803. No country can receive more than 7% of the total number of EB and FB preference visas in a given year. 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. 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. Well, I dont know the answer, but, I think, is because the Visa Demand and the numbers given by Department of State. 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. Why did the numbers dryup? My Account. Back to Green Card Discussion Forum (I-485) Ask a Lawyer. Our predictions are based on these numbers that we think are possible. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Once a visa number can be allocated, USCIS will resume the processing of the application. From what we can tell by looking at green card statistics and spillover numbers, it appears that EB3 may not make any significant movement until FY 2023. All Other Countries No Movement. Finally, for EB-3 Other, we see Mexico, the Philippines, Central America, and the rest of the world remain at February 1, 2020. Any suggestions on moving to new job or staying with current? Zoom Consultations Available! Fiscal Year 2023 Employment-Based Adjustment of Status FAQs. Senator from Georgia David Perdue blocked this bill S386. 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. 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. As a result, more than 100,000 applicants who had previously provided biometrics received this automatic update in October and November 2022. This means a total of 200k GCs will be available for the . The tool can also be used by consular processing applicants to get . What if dependent family members are not approved before priority dates move back? My PD is 8/19/2016. I am on EB1 with priority date Jan 2018. If you received this notice as a result of the automatic update, your case will continue to be processed per standard procedures. EB3 has a very low chance of getting any spillover as it only gets it from EB2. With these priority date waiting times being so long, it's imperative that your first attempt is done the right way. I thought eb3 will move faster compared to eb2 for 2019. India No Movement Courts 800# Move on to the next stage to understand How the Spill Over for Employment Based Green Card works. My PD is 2012 feb for eb3 category. USCIS designates regional centers for participation, In this article, you can learn about how to get U.S. Green Card via EB5 Visa along with the steps and stages of the EB5 Visa application process along with the timeline for EB5. Current Step: If your priority date is not current, then you can calculate when it may become current, check your case status, case processing time, This notification was made automatically as a result of an internal update made to USCIS systems. USCIS doesnt know how many visas would be released by DOS. Q. (Updated 10/26/2022). F1 Unmarried Adult Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. 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. As a result, the noncitizen could not adjust status based on that petition. (Updated 10/26/2022). Thats what reported in the Department of States Immigration Visa Report. Why has DOS retrogressed (set back) certain Final Action Dates or applied new Final Action Dates in the Visa Bulletin for October 2022? How do you know that USCIS does spillover for each country individually first? 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. When do you think that will be become current ? Q. 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 . Both EB2 and EB3 India will take several years. 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? But it gives earlier date when I put 50% wastage and a later date when I put 25% wastage. down? Why does that happen? A. Any clue? So, spillover will become effective after the current backlogs clear. We offer Zoom and telephonic consultations. Also, my PD is Jan, 2010 under EB2. $8.99 + $1.99 shipping. Folks can say all EB2 folks graduated from fake universities that dont require to attend classes, all students live like they live in a ghetto. For example, in the October 2022 Visa Bulletin, EB1 is Current for all countries of chargeability, indicating that the exception applies (based on reasonable estimates) and that visas in that category are being issued without regard to the per-country numerical limitation, benefitting applicants chargeable to India and China. Through Parents US Citizenship Test We see some changes in the Final Action Dates Chart in the employment-based category and some retrogressions. 2501 S. State Hwy. This situation will be continually monitored, and any necessary adjustments will be made accordingly.. Q. 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 chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category. The Department of State (DOS) typically reports the annual numerical limit as part of the September Visa Bulletin each fiscal year. The number is even lower than their first-quarter i485 approvals which stood at 27,485. H-1B News Share sensitive information only on official, secure websites. Green Card Calculator: You can use GC calculator to estimate when your priority date may become current. 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. 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. For aug 2011 EB3 to become current Process ( 150 and 130 Minutes in Duration ) you this. 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