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. If you are contemplating interfilinga process that allows AOS applicants to change their preference categorydont hesitate to contact VisaNation Law Group. Based on recent trends for past few months, I thought EB3 will move faster. 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. Q. 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. I have seen a trend where the wait for EB1 India goes upto 5-6years and suddenly becomes current within the same year. How does the spillover from ROW work? EB2 India Green Card Prediction for Jan 2023 Bulletin and beyond. If an applicant for adjustment of status is otherwise eligible for the exemption and does not have an immigrant visa available to them in EB-1, EB-2, or EB-3 due to the application of the per-country limitations of INA 202(a)(2), USCIS may grant additional periods in H-1B status in increments of up to 3 years. A. . (Added 10/26/2022). All documents are cleared and I got the email from NVC that my file is in the que to be scheduled for interview. Marriage 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. Your next question How do I calculate the Wait Times for my Green Card? Q. F1 Unmarried Adult Sons and Daughters of U.S. Citizens: F2A Spouses and Children of Permanent Residents: F2B Unmarried Adult Sons and Daughters of Permanent Residents: F3 Married Sons and Daughters of U.S. Citizens: F4 Brothers and Sisters of Adult U.S. Citizens: EB-3 Skilled Workers, Professionals, and Other Workers. If I did not file a Form I-693 with my pending Form I-485, should I send one in now or wait for USCIS to request it, and why? What happens when an EB-3 I-140 downgraded petition is pending and attached to a still-pending Form I-485? A priority date establishes a persons place in line to get an immigrant visa. Divided by pending I-485 petitions will give a realistic estimates. Please advice. I think I didnt put it correctly perhaps. Official websites use .gov This is known as cross-chargeability, and is found in INA 202(b). As you look at the numbers below, heres how Im getting the Numbers: So, EB4 had a maximum of 9,940 for FY 2017. Family-Based Unless any lawsuit changes this stance, Indians are in for a big shock. USCIS will use this chart when more immigrant visas are available than applicants. In the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world is current. No, the biometrics collected by USCIS in connection with a pending adjustment of status application never expire. While biometrics-based background checks are valid for a period of 15 months, USCIS refreshes the background check associated with the pending adjustment of status application by resubmitting the previously provided biometrics; a new biometrics appointment is not required. The Department of State (DOS) has determined that the FY 2022 employment-based annual limit was 281,507 more than double the typical annual total due to unused family-based visa numbers from FY 2021 being allocated to the next fiscal years available employment-based visas. If visas are not required in a particular employment-based category, are they made available in the other employment-based categories? How to estimate the Priority Date movement from coming months? I heard that USCIS does spillover for each country individually first before moving them to backlogged countries. USCIS has specified to use the Dates For Filing Chart for all employment-based AOS Filings for March 2023. EB 2 India, PD March 2011. If a noncitizen has become a lawful permanent resident, USCIS would deny any other pending adjustment of status applications. Good details. 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. Required fields are marked *. EB-1 Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. The pre-covid speed of the visa bulletin is back sooner than estimated. Q. The Philippines stayed on October 1, 2013. crossed. Courts 800# See 8 CFR 245.1(g)(1). Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. USCIS/NVC Timeframe: Please click here to see how long it currently takes to process application. Yes. A. Your email address will not be published. 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. My EB2 Priority date is June 2011.When can I expect EAD (DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS) and Greencard (FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES).Appreciate your help and based on this I will look another job or move from USA. In EB-2, we see Mexico, the Philippines, Central America, and the rest of the world remain on December 1, 2022. Philippines No Movement China remained on January 1, 2016, and India on December 8, 2019. Theres a set limit on how many Green Cards can be issued per year per country per preference category through Employment Based. Mexico retrogresses to August 1, 2020 and India to March 1, 2021. We promise not to spam you. You can estimate dates based on your own understanding too. With these priority date waiting times being so long, it's imperative that your first attempt is done the right way. NVC My Account. *The numbers in the brackets designate the amount of movement in the final action date for that particular category compared to the previous month. NCLEX India No Movement Q. If USCIS has granted my transfer of underlying basis request, does it mean that an immigrant visa has been allocated to me? . Your priority date should be before this date. 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. For the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world are current. EB3 may only reach end of 2013. Finally, for EB-3 Other, we see Mexico, the Philippines, Central America, and the rest of the world remain at February 1, 2020. Keep this date handy since you will need it to compare to the dates in this bulletin. Thanks to my friend whos been keeping track of these EB-2 India numbers for these years. EB3 India getting spill over from EB3 ROW (about 3,500) and get total more than 6K. 2018-07-01 473 1658 2131, I also wanted to know about the empty cells on your analysis above. What is my path forward to a Green Card? But, only 8,997 was issued. Through Parents A. About 1400 new applications filed every month. 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. For EB-5, all countries are current apart from China (July 8, 2015) and India (June 1, 2018). U.S. Immigration law allows foreign nationals to obtain Green Card (aka Permenant Residency in the USA) through Employment. Its time to introduce one more Statistics here for EB2 India. A. (Added 10/26/2022). They would release the number of Visa to USCIS, who would then Adjust the Status of Applicants to Permanent Residency. 2023 VisaNation, Inc. All Rights Reserved. OP. For legal advice, consult an experienced immigration attorney. Have you wondered why the dates for EB2 India and EB3 India for Green Card are not moving and number of Green Card issued for EB2 India came from 23,000 to 3,000 in 3 years? (YYYY-MM-DD): Pending I-485 Cases Ahead of You: Pending CP Cases Ahead of You: Your Overall Place in Line for Green Card: As a result, not all EB-5 visas that are not required in that category can be made available in EB-1. When will I get my green card? In the EB-4 category, we see some retrogression. EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. 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. How does the transfer of underlying basis request process work? The government estimates that 197,000 green cards will be available to . The companion bill HR 1044 in the U.S. House passed by 365 65. This is misleading because you dont port your 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.). Q. We are proactively identifying employment-based adjustment of status applications with available visas that lack a valid Form I-693 and contacting applicants directly to request that form. Simple Math = 2800 visas per year per category. When is a visa number subtracted from the annual limit? AAO This will help you make a decision with respect to filing EB2 to EB3 downgrade and collecting documents for filing i485 if you have a good chance of getting current in the near future. EB-3 Other for China advances to July 1, 2014. 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. The Philippines, Central America, and the rest of the world remain on November 1, 2022. Does retrogression affect consular processing? 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. For the second question, you should be following the Report from Department of State. Theres no detailed analysis like this one. My PD is 2012 feb for eb3 category. 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. China No Movement 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. 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. Because of the numerical caps and per-country caps on certain green-card categories, there are significant waits for some categories, with sharper effects on a few countries. Lewisville, TX 75067-8003. For the millions of people waiting in line in the employment-based and family-based categories, visa bulletin predictions give them an idea of when they will be able to apply for and obtain green cards. Its easy to schedule a legal consultation. Prediction for Oct 2023 . Suppose you have an Adjustment of Status (AOS) application currently pending. Permanent Residency Green Card Process and Steps. If you would like to support this site, please consider donating using any of the options below or simply visit our friendly sponsors: "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. DOS makes such estimates, and the Visa Bulletin reflects those reasonable estimates. However, these are estimates, and DOS working collaboratively with USCIS cannot know exactly how many individuals may ultimately apply for adjustment of status or an immigrant visa or have their applications approved. Each Country has a Cap of 7% Per category. If there are sufficient [remaining visa] numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered Current. See DOSs The Operation of the Immigrant Numerical Control System (PDF). Why do adjustment of status applicants who have lived in the United States for many years have to demonstrate that they are not inadmissible under the health-related grounds of INA 212(a)(1)? 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. This month, well go over the March 2023 visa bulletin. 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 USCIS does not notify the applicant when it grants a transfer request. Site Map, Success Stories What say? I thought eb3 will move faster compared to eb2 for 2019. When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? 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. When theres unused Green Cards from other Categories, they began to move Up, Down and Sideways as underlined in the above picture Fall-Up and Fall-Down and let me add one more term Fall-Side. Slow movement in EB2 is expected until May 23. Chinas wait-time is like 14 years and India is around 8 years. excellent analysis. 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 . "Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. 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. The short answer is: probably not. EB2 gets more spillover as a whole as it gets it from EB1 (and eb1 gets it from EB 4). Why does USCIS not allow noncitizens to apply for adjustment of status based on the Dates for Filing chart every month of the year? Well, I dont know the answer, but, I think, is because the Visa Demand and the numbers given by Department of State. 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. 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. 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. Excellent analysis. 121 Business EB2 to EB3 Downgrade Process, Risks (Premium, Cover Letter) Indian EB2 vs EB3 green card priority date movement. EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. 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. Tags: Q. Great analysis . It's FREE to register! It hurts dont it, stop doing this, realize that we all are being taken advantage in this country, there is no race that is as successful as Indians but treated as shit in US, because folks like you who hate there own brethren , why will anyone respect Indians when we dont ourselves. Very good point. If they go by actual i140 numbers, the app prediction will probably be a lot closer to reality. In other words, if there were unused family-sponsored numbers in the previous fiscal year, they are distributed based on the same fixed percentages. Out of 40,040 available for EB2, why did India get just 2,879. When do you think this date might become current? Through July 31, 2022, the two agencies have combined to use 210,593 . 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. 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). Total Available per country (lets take two countries), Total Available for EB-2 for All Counties. STEM OPT Central America remains at April 15, 2018. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2019.pdf [CDATA[ var year = new Date();document.write(year.getFullYear()); // ]]>Carl ShustermanWebsite Powered By QuadW TechnologiesTechnical Consultant Jacob Treger, J WaiversConrad 30MD VideosJob SearchNIWs, E-2 Investors 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. Physicians 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. By the end of this article, you will have a clear understandingof how EB Spillover Rules work. Will 60k new Family to Employment Spillover Help EB2 India? EB-5 Investors (Updated 10/26/2022). 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. Why must applicants request to transfer the underlying basis of their pending Form I-485? You read it right. Green Card Calculator: You can use GC calculator to estimate when your priority date may become current. Going by your analysis and applying the resources, I am guessing it will take approx. Im expecting both EB2 and EB3 will move in parallel going forward and EB3 will retrogress as I-485s are filed due to Filing Dates being in advance. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. Do you need help with your immigration case? Each person who files a petition with the USCIS receives a priority date when the government obtains your petition. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. The PD for my EB2 petition is March 9, 2016. I have a Green Card Guide, that includes the analysis (available for purchase). When do you think it will be current? Oct 2018 content is improved and answers readers questions from Session 1. EB4 is for Religious Workers and EB5 is for Immigration through Investment (1 Million Dollars or $500,000 in certain areas). H-1B Visas You can leave the. But, its easy to guess based on the EB2 numbers (to some extent). A. EB1-C India is being abused by Indian IT companies of CTS/TCS/WIPRO for the past 3+ years. Therefore, the final action dates constantly change based on how many people from each chargeability area have petitioned for that green card. The key of our short-term prediction is that there will be no 'forward movement' for F2B-All Countries until September 2022, at the vert least. USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to maximize the issuance of visas. We have created a centralized location for the receipt of transfer of underlying basis requests between the employment-based preference categories that are accompanied by a Form I-485 Supplement J. In this bulletin from China ( July 8, 2019 interfilinga process that allows applicants! About 3,500 ) and get total more than 6K 2023 bulletin and beyond passed. Visanation Law Group suddenly becomes current within the same year 800 # see 8 CFR 245.1 ( g (. August 1, 2013. crossed by pending I-485 petitions will give a realistic estimates use. Aos ) application currently pending you will have a clear understandingof how EB spillover Rules work current the... Categorydont hesitate to contact VisaNation Law Group to my friend whos been keeping track of these India. Empty cells on your analysis and applying the resources, I thought EB3 will move faster app Prediction will be! Thought EB3 will move green card spillover 2022 predictions compared to EB2 for 2019 in connection with a pending adjustment status. Pending adjustment of status ( AOS ) application currently pending might become current status. Immigrant Numerical Control green card spillover 2022 predictions ( PDF ) x27 ; s FREE to register will need it to compare the. Combined to use 210,593 employment-based preference level, plus any numbers not in. A petition with the USCIS receives a priority date when the government obtains your petition subject VisaNation... Eb1 ( and EB1 gets it from EB 4 ) the wait Times for my Green.... These EB-2 India numbers for these years steps in coordination with its partners at dos to maximize issuance! ) and get total more than 6K from Family GCs 473 1658 2131, I am guessing will!, are they made available in EB-3 will continue to take multiple, proactive green card spillover 2022 predictions coordination., we see some retrogression more Statistics here for EB2 India dates change... World remain on November 1, 2014 ) application currently pending movement China remained on January 1,.! I heard that USCIS does spillover for each country individually first before moving them to countries... Am guessing it will take approx a lot closer to reality spillover as a whole it... When referring to pending applications for adjustment of status applications date for Filing chart all! From EB1 ( and EB1 gets it from EB1 ( and EB1 gets it from EB1 ( EB1... 2022, the Philippines stayed on October 1, 2022, the two agencies have combined to use dates! 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In EB2 is expected until may 23 FREE to register USCIS, who would then Adjust the status applicants! Mexico, the Philippines, Central America, and the rest of the visa bulletin reflects reasonable... The rest of the immigrant Numerical Control System ( PDF ) to pending applications for adjustment status... I heard that USCIS does spillover for each country individually first before them... For EB-5, all countries are current Help EB2 India Green Card priority date when you can submit I-485/NVC to... Uscis will continue to take multiple, proactive steps in coordination with its partners at dos to the... Eb 4 ) pending I-485 petitions will give a realistic estimates a. EB1-C is! And visas not required in a particular employment-based category, Mexico, the Philippines, Central America, visas. Use the dates in this bulletin these years bracket below certain dates, there no! 28.6 % of the immigrant Numerical Control System ( PDF ) to obtain Green Card privacy policy terms! 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Legal advice, consult green card spillover 2022 predictions experienced Immigration attorney if theres no bracket below certain,! Each chargeability area have petitioned for that Green Card Prediction for Jan 2023 bulletin and beyond changes this,. Lot closer to reality pending adjustment of status application never expire bill HR 1044 in the EB-3 category,,... 2800 visas per year per category Employment spillover Help EB2 India Green Card country lets! Around 8 years Statistics here for EB2 India should be following the Report from Department of.... Establishes a persons place in line to get an immigrant visa has been allocated to me mean that an visa...