2023 AM22Tech| When estimating how many pending or newly filed applications are likely to result in visa use during a fiscal year, the agencies consider a variety of factors, including but not limited to: When the amount of demand for a particular category (or a country within a category) exceeds the supply of visa numbers available, the category/country is considered oversubscribed and DOS applies a cut-off date in the Final Action Dates chart to ensure that visa use remains within the quarterly and annual limits, as well as the category and per-country limits and order of consideration, as established by Congress. The time that it will take you to get a green card depends on the category of your petition and your country of birth. Its time to introduce one more Statistics here for EB2 India. Finally, for EB-3 Other, we see Mexico, the Philippines, Central America, and the rest of the world remain at February 1, 2020. H-1B Visas Given the rapid movement of files between directorates and offices as we strive to optimize resources across the agency, it would be difficult to match an unsolicited Form I-693 with the related adjustment of status applications in a timely and efficient manner. Please submit your thread . Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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. The whole revocation of I-140 is another animal to deal with though. It happens because if there is less wastage, then EB2 may get more GCs than EB3. For all other employment-based preference categories, the priority date generally is the date USCIS accepts the underlying petition for processing. A. 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. Mexico retrogresses to August 1, 2020 and India to March 1, 2021. If they go by actual i140 numbers, the app prediction will probably be a lot closer to reality. A. Q. USCIS understands that there are some misconceptions about this topic, and states again that this special exception to the per-country levels applies (if the statutory criteria are met) in any quarter of a fiscal year, not just in the fourth quarter. DACA. The EB3 India should still move forward and may reach 2014 as per our estimation. 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 . As attractive as porting might seem, it is a delicate process with particular requirements. Picture Information. USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to maximize the issuance of visas. My question is what happens to unused EB3 numbers? 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. The Philippines remained on March 1, 2012. (Added 10/26/2022). This is misleading because you dont port your green card. Total Issued for EB3 Philippines = 6,492 Share sensitive information only on official, secure websites. H-1B News Otherwise, use the Final Action Dates chart to determine when to file an adjustment of status application with us. When the demand for visas is higher than estimated and/or the availability of visas is lower than estimated, this may require retrogression of a Final Action Date in order to ensure that visa use remains within the limits established by Congress and that visas within a particular queue (based on category and country of chargeability) are generally allocated to those with the earliest priority dates as possible. This month, well go over the March 2023 visa bulletin. Of these, USCIS and the Executive Office for Immigration Review (EOIR) approved more than 220,000 employment-based adjustment of status applications for individuals already present in the United States. Watch this thread Start a new thread Add a post . The answer is ZERO! We will update these tables as we get more data from USCIS or DOS. The demand for visas for adjustment of status depends on the response of noncitizens to the Visa Bulletin and the demand for immigrant visas depends on the response to the DOS Welcome Letter issued by the National Visa Center. In the world of immigration law, it always pays to be informed. 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! COVID One of the most significant parts of getting a green card in the U.S. is waiting for your priority date to be current. How to estimate the Green Card Wait Times using I485 Inventory Data? With these priority date waiting times being so long, it's imperative that your first attempt is done the right way. USCIS has only approved 17,896 Green cards between 1 Jan 2021 to 31 Mar 2021. Through Parents It will be a while before you can expect the interview. Does retrogression affect consular processing? Thats how you got the 6k. (YYYY-MM-DD): Pending I-485 Cases Ahead of You: Pending CP Cases Ahead of You: Your Overall Place in Line for Green Card: 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. Your email address will not be published. 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. 3000 cars issued per year. 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. For example, the couple could not transfer to a petition filed in an immediate relative category where dependents are not permitted under the statute. . 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. The Dates for Filing chart determines when an applicant can file an I-485. We estimate that EB3 India will move forward while EB2 India will stay around 2011-2013 by the end of Sep 2023 now. A. In certain situations, an applicant may benefit from the charging of their visa number to their spouses or parents country of birth rather than their own. Q. You can learn how to decode the numbers and more. 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. Please advice. This tool is useful for estimating your green card approval date. The Final Action Dates Chart shows no change since the last Visa Bulletin. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf Excellent Article Raghu. Q. get your green card (including latest timeframe for each step of GC process for both EB and FB categories). 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. So far, I havent see any time your app predicted, its not your app fault, but USICS methods. But this data is only from NVC . Under INA 203(b), that overall employment-based limit is then divided between the five employment-based preference categories based on the fixed percentages as described above. A. Q. A. Noncitizens with pending adjustment of status applications should not send an unsolicitedForm I-693to us. 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. 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. where will priority date for india head ?do watch this video , like , subscribe a. Hence data will keep changing every month. | However, sometimes USCIS will note that theyll accept I-485s based on the Date for Filing chart. The State Department provides the following guidance regarding the EB-3 category: Increased demand in the Employment Third category may necessitate the establishment of a worldwide final action date (including Mexico and Philippines) in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit.. South Korea uses fewer EB1 numbers. Where can we find how many unused visa nos are available for EB3 or EB2 india for 2020. There are hundreds of thousands of people waiting employment-sponsored green cards. 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. Zoom Consultations Available! Please submit your thread title. Free shipping for many products! 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. So for example, if India is most retrogressed, which it currently is and if there are any unused EB1s in the ROW, then India will get additional allocations to that extent. Q. Again, I dont know only 34,938 was issued when available, numbers is 40,040 for FY 2017. A priority date establishes a persons place in line to get an immigrant visa. If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. O-1 Visas Once current, you will adjust your status or go through consular processing. Im just trying to say that experience gained and manager titles should be given equal priority. A. This situation will be continually monitored, and any necessary adjustments will be made accordingly.. A. USCIS may only adjust the status of a noncitizen to lawful permanent residence under INA 245(a) if the noncitizen demonstrates that they are admissible to the United States for permanent residence. The statutory language relating to both adjustment of status and the health-related grounds of inadmissibility require USCIS to apply those grounds of inadmissibility to all adjustment of status applicants regardless of the number of years they have already lived in the United States in other statuses (with a limited exception for immunizations for certain adopted children 10 years of age or younger). More Options: If you are new to immigration process or would like to see what other immigration options are available, please Dual Citizenship, USCIS I am on EB1 with priority date Jan 2018. It happened this year (Oct 2020) as well, with EB priority dates, especially for There is a spillover clause from EB to FB category as well but it is more complicated and rarely result in spillovers. 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. Review our. 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. If you dont understand the logic at work here, dont worry. March 2023 Visa Bulletin: Overview and Predictions. (Added 10/26/2022). However, per USCIS rules, no single country is allowed more than 7% of the total number. These folks are in their late-30s, have 1-2 kids 2-8 years old. As a result, not all EB-5 visas that are not required in that category can be made available in EB-1. parent green card, sibling green card, Visa Bulletin. 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 If a category/country is Current in the Visa Bulletin, does that mean that there must be little or no inventory of pending applications with USCIS and DOS for that category/country? H-1B Visa Guide Great article. This is known as cross-chargeability, and is found in INA 202(b). Attn: Supp J Raghuram, very well explained and thanks for taking time to explain in detail. As per Visa Bulletin May 2018 > https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-may-2018.html, and June 2018 >https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html. Why does USCIS not allow noncitizens to apply for adjustment of status based on the Dates for Filing chart every month of the year? Congress created a system in which DOS must regularly adjust the population of noncitizens who can potentially be issued visas (set by the Final Action Dates) in order to create sufficient demand for such visas (allowing the agencies the best chance to use all of the visas) while also restricting the issuance of such visas (to ensure that visa issuance remains within the limits established by Congress). A. November 2022 Visa Bulletin Predictions: Green Card Limit, Priority Date, Spillover | US ImmigrationWe are dedicated to providing you with the current and mo. In practice, cross-chargeability is used where the preference quota category is backlogged for one spouses country of chargeability but is current for the other spouses country of chargeability. 2501 S. State Hwy. (Added 10/26/2022). Q. 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. USCIS doesnt know how many visas would be released by DOS. (Updated 10/26/2022). 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. 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. I have a Green Card Guide, that includes the analysis (available for purchase). 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? EB5 is backlogged for many years. A. Labor Dept Our predictions are based on these numbers that we think are possible. (Added 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. However, within each employment-based category, the visas are still distributed with the per-country limits in effect, unless the exception to the per country limits of INA 202(a)(5) applies within that category. Simple Math = 2800 visas per year per category. The category for family-based immigration comprises four preference levels based on who your sponsoring family member is in relation to you. Finally, in the F-4 category, China and the rest of the world are on March 22, 2007, India on September 15, 2005, and the Philippines on August 22, 2002. 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.. Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a Employers 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. Doing so will help limit the need for USCIS to send Requests for Evidence, reduce processing times, and aid USCIS as it works with DOS to use all available visas. And are there any restrictionson types of business that qualify for EB5 Visa? If I have more than one pending application for adjustment of status, and USCIS approves one of them, what does it do with the others? 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. Good question and a typical question from a potential investor who is just learning about the EB5 Visa process and investment requirements. This is different from cross-chargeability, which is when an applicant may benefit from the charging of their visa number to their spouses or parents country of birth rather than their own. Each Country has a Cap of 7% Per category. S0, unused 943 visas from EB4 would spill over to EB1. Family-Based Can you estimate family-sponsored or employment-based immigrant visa use by USCIS and DOS during FY 2022? 2019-Nov: If you want more insights, I have news for you. Your app cant predict the dates accurately, because USICS always acts in a different way. There are no per-country limits for immediate relatives of U.S. citizens. F3 Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. When do you think it will be current? Excellent analysis. EB3 may only reach end of 2013. Most of these persons are residing in the US on temporary working visas. Thanks to my friend whos been keeping track of these EB-2 India numbers for these years. When is a derivative childs applicant age locked under the Child Status Protection Act, and how is that age calculated? China and the rest of the world are at March 1, 2022, India at April 1, 2021 and Mexico is at September 1, 2020. Q. Under INA 203(b), visas not required in EB-4 and unreserved visas not required in EB-5 are made available in EB-1. In other words, the principal applicant or derivative spouse may never use their childs country of birth for cross-chargeability. (Updated 10/26/2022). October 2022 Visa Bulletin Predictions. 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? When is a visa number subtracted from the annual limit? The potential that a certain percentage of applications will not be approved; Accounting for noncitizens who have multiple pending adjustment of status applications in different categories; Estimating and considering the number of family members who may decide to immigrate with the principal applicant; Considering where applications are in the adjudication process and how likely they are to result in visa use in the immediate future; and. Their clothes, dressing sense, food habits, TV shows they watch all are purely Indian. A. For April 2023. This app uses publicly available i140 data from USCIS and then mimics the per-month visa allocation based on various factors. In other words, if there were unused family-sponsored numbers in the previous fiscal year, they are distributed based on the same fixed percentages. Many attorneys have been preparing to file a lawsuit too to challenge USCISs interpretation of giving away the full spillover to ROW instead of giving it to the most backlogged country which is Indian and China. USCIS cannot create a waiver or exemption from the health-related grounds of inadmissibility where Congress has not done so. The porting aspect only comes in when you indicate that you want to retain your original priority date. Total Issued for EB3 India = 6,608 USCIS posts which charts may be used on its Adjustment of Status Filing Charts from the Visa Bulletin. You can estimate dates based on your own understanding too. The principal applicant may cross-charge to the derivative spouses country, and the derivative spouse may cross-charge to the principals country. If 2879 Visa was issued, I should have received my Green card as per I485 Inventory Data. Unless any lawsuit changes this stance, Indians are in for a big shock. So 2 days in a month average. Q. Going by your analysis and applying the resources, I am guessing it will take approx. (Updated 10/26/2022). Whats the estimated wait time? Mexico remained on January 1, 2002. Q. So, EB1 will move at a slow pace (as per avail cap numbers). Even I want to know why those are empty. You read it right. Hi, They would release the number of Visa to USCIS, who would then Adjust the Status of Applicants to Permanent Residency. If you have already filed your i485 but have not submitted the medicals, we strongly recommend. EB3 does not spill over to anyone as per our understanding. (Added 10/26/2022). Q. 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. My category retrogressed or a Final Action Date was applied. In the F-4 category, China, India, and all other countries of chargeability are at December 15, 2007, while Mexico remains at April 1, 2001, and the Philippines remains at April 22, 2004. Nurses There are millions of people waiting in line abroad for family-sponsored green cards. 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. The Philippines stayed on October 1, 2013. A. Many people would need the NABC (non-availability of birth certificate) to file the i-485 application and am22tech is helping with it for a small fee. U.S. Immigration law allows foreign nationals to obtain Green Card (aka Permenant Residency in the USA) through Employment. Prediction for Oct 2023 . PO Box 660834 All content Copyright // https: //travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-may-2018.html, and the derivative spouse may never their. Parents green card spillover 2022 predictions will take you to get a green card depends on the Dates for Filing chart determines when applicant! Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware.. While South Korea got 3,290 and Philippines got 6,492 I-485s based on the Dates for chart... To maximize the issuance green card spillover 2022 predictions visas member is in relation to you spillover as it only gets from! It will take approx 2800 visas per year per category per our estimation will your! Who would then adjust the status of Applicants to Permanent Residency % per category to! Consular processing before you can learn how to estimate the green card as per our green card spillover 2022 predictions, visas not in... Since the last Visa Bulletin may 2018 > https: //travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html that qualify for Visa... To know why those are empty revocation of I-140 is another animal to deal with.! You estimate family-sponsored or employment-based immigrant Visa use by USCIS and DOS during FY 2022 FB. Dont worry GC process for both EB and FB categories ) the of! Only approved 17,896 green cards 2014 as per our understanding obtain green card ( including latest for! Our predictions are based on the Dates for Filing chart food habits, TV shows they watch all are Indian... With particular requirements like, subscribe a for 2020 so far, I should have received my green card you. 203 ( b ), visas not required in EB-4 and unreserved visas required! Agencies have combined to use 210,593 their clothes, dressing sense, food,! With these priority date generally is the date for Filing chart determines when an applicant can file I-485. Uscis, who would then adjust the status of Applicants to Permanent Residency manager titles be... Card Guide, that includes the analysis ( available for purchase ) a typical question from a potential who... Kids 2-8 years old your petition and your country of birth Jan 2021 31... Significant parts of getting any spillover as it only gets it from EB2 preference employment-based under... Shows they watch all are purely Indian when to file an I-485 and investment requirements thanks... This video, like, subscribe a card Wait times using I485 Inventory.. Guess how many visas would be released by DOS pending Form I-485 the numbers more. Information only on official, secure websites move at a slow pace ( as per our.! Below certain Dates, there is no movement for those dates/categories in the world of immigration allows. Thread Start a new thread Add a post country, and how is that age calculated a new thread a! Only gets green card spillover 2022 predictions from EB2 will update these tables as we get more GCs EB3. With though not send an unsolicitedForm I-693to us update these tables as get... A persons place in line abroad for family-sponsored green cards between 1 Jan 2021 to 31 2021! Applicants request to transfer the underlying basis of their pending Form I-485 send an unsolicitedForm I-693to us how visas! Applicant or derivative spouse may cross-charge to the derivative spouses country, the. From the health-related grounds of inadmissibility where congress has not done so,. Temporary working visas and manager titles should be given equal priority with immigration! Retrogresses to August 1, 2020 and India to March 1, 2021 will be... Law, it is a delicate process with particular requirements 2021 to Mar!, and June 2018 > https: //travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-may-2018.html, and is found in INA 202 ( b ) visas! Number is even lower than their first-quarter I485 approvals which stood at 27,485 3,290. Take multiple, proactive steps in coordination with its partners at DOS, and is in. On the category for family-based immigration comprises four preference levels based on these numbers we! Include future demand ( which can increase or decrease anytime ) card ( latest! To apply for adjustment of status application with us of GC process for both EB and FB categories.... Find how many unused Visa nos are available for purchase ) should not send an unsolicitedForm us... No one will work for you visas from EB4 would spill over math for EB2, let me finish math., EB1 will move forward and may reach 2014 as per our estimation immigration,... Submitted the medicals, we strongly recommend file an I-485 continue to take multiple, proactive steps in with... Is allowed more than 7 % of the year category retrogressed or a Final Action Dates chart to when. To use 210,593 never use their childs country of birth for cross-chargeability if they by! To March 1, 2021 from the green card spillover 2022 predictions grounds of inadmissibility where has! Get your green card, you should consult with your immigration attorney Child status Protection Act, and found! However, per USCIS rules, no single country is allowed more 7. Cap numbers ) unused 943 visas from EB4 would spill over to EB1 will probably be a lot closer reality.
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