2023 AM22Tech| A. I think I didnt put it correctly perhaps. 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. As stated inVolume 7, Part A, Chapter 7 of the USCIS Policy Manual, [i]f an applicant has multiple approved petitions, the applicants CSPA age is calculated using the petition underlying the adjustment of status application. When we approve a request to transfer the underlying basis of the pending adjustment of status application, we calculate the CSPA age using the approved petition that forms the new basis of the adjustment application. I-864 Q. So 2 days in a month average. Thank you for detailed information. 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. any chance for aug 2011 EB3 to become current or atleast get EAD in a year or so? EB5 is backlogged for many years. 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. Adjustment of Status How did EB3 India get 6,608, when EB2 India got just 2,879 for FY 2017? In the F-2B category, China, India, and all other countries of chargeability remain at January 1, 2017. It is working. You can leave the. (Added 10/26/2022). Its time to introduce one more Statistics here for EB2 India. Check back at a later point. Why do the dates in the Visa Bulletin sometimes retrogress? Watch this thread Start a new . They would release the number of Visa to USCIS, who would then Adjust the Status of Applicants to Permanent Residency. A. (Updated 10/26/2022). There are hundreds of thousands of people waiting employment-sponsored green cards. Good question and a typical question from a potential investor who is just learning about the EB5 Visa process and investment requirements. You may submit your written request and completed Supplement J to: USCIS I have a Green Card Guide, that includes the analysis (available for purchase). So, spillover will become effective after the current backlogs clear. Will HR-1044 (if it becomes a law) do any good for EB2 India? Q. Zoom Consultations Available! The companion bill HR 1044 in the U.S. House passed by 365 65. (Added 10/26/2022). I dont understand why. As per immigration law, the number of available visa quota is controlled by the Department of State. This app uses publicly available i140 data from USCIS and then mimics the per-month visa allocation based on various factors. EB2 to EB3 Downgrade Process, Risks (Premium, Cover Letter) Indian EB2 vs EB3 green card priority date movement. Email Newsletter: To receive email as soon as latest visa bulletin is released, please click here. many thanks. The Philippines, Central America, and the rest of the world remain on November 1, 2022. Predictions for 2022-23 Assuming that there is a 50k spillover in Oct 2022 bulletin and then USCIS wastage in 2022 is less than 5% or near zero (best case), we estimate these dates to be possible in the next 12 bulletins. USCIS i485 approvals up to Mar 31, 2021 You can see this official USCIS 2021 second-quarter data here. 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. And you also have an option to go to Canada via Express Entry. looking forward for more. Does retrogression affect consular processing? Total Available per country (lets take two countries), Total Available for EB-2 for All Counties. 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. NCLEX 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? 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.. 2018-Nov: A. 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. Final action dates are based on the green card category and the chargeability areayour country of origin. You can estimate dates based on your own understanding too. based on the above, how do we know the which year onwards how many are pending for country wise for each category? Hi A. COVID A. My priority date is Aug-2012 in EB2, my US born son age is 9. 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. In other words, the principal applicant or derivative spouse may never use their childs country of birth for cross-chargeability. Carl Nurses However, there are two prominent cases in which you may be able to shorten your green card processing time, which we will explain here. 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. Reports on Judges But this data is only from NVC . A. If my adjustment of status application was approved, but then the Final Action Date for my category and country of chargeability later retrogresses, does that affect my status as a lawful permanent resident? F4 Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences. 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. Enter your country of birth and employment-based GC category. As you look at the numbers below, heres how Im getting the Numbers: So, EB4 had a maximum of 9,940 for FY 2017. If you want more information on the background of the visa bulletin and how to read the bulletin, make sure to scroll to the bottom of the post or click the interested link in the Table of Contents. It does not include future demand (which can increase or decrease anytime). If you are contemplating interfilinga process that allows AOS applicants to change their preference categorydont hesitate to contact VisaNation Law Group. New family base visa numbers are out for july will there be any spillover ? 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. 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. USCIS has estimated that EB2 Indians will only get a total of about 4k GC in 2023. (Added 11/17/2022). They are all EB1-C geniuses who use a loophole in the system and come in as functional managers whatever that might be. EB2 gets more spillover as a whole as it gets it from EB1 (and eb1 gets it from EB 4). The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. This could make 2018 current for EB2/eb3 and they should be able to file for EAD. 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. This is clear from the language about accompanying or following to join, which allows a derivative to receive an immigrant visa or adjust status after the principal applicant. In reality, you need to start with a new petition (and a new PERM if necessary). F-1 Unmarried Adult Sons & Daughters of US Citizens, Mexico No Movement O-1 Visas It will be a while before you can expect the interview. For example, the couple could not transfer to a petition filed in an immediate relative category where dependents are not permitted under the statute. Thequarterly reportsdo not include the visas issued by our partners at DOS, and they include 4th preference employment-based categories under other. Thequarterly Legal Immigration and Adjustment of Statusreports published by the DHS Office of Immigration Statistics include adjustments of status but capture immigrant admissions at ports of entry rather than immigrant visa issuance by DOS, and as a result do not reflect year-to-date visa use. The PD for my EB2 petition is March 9, 2016. Will 60k new Family to Employment Spillover Help EB2 India? It happens as USCIS uses manual method and probably moves dates based on political and other factors that are out of control. The government estimates that 197,000 green cards will be available to persons in the employment categories in Fiscal Year 2023, down from 281,507 in FY 2022, but 57,000 higher than the 140,000 mandated by law as the result of 57,000 unused family-based green cards in Fiscal Year 2022. Whenever possible, USCIS applies cross-chargeability to preserve family unity and allow family members to immigrate together. Officials are monitoring this category and have said theyll make changes when necessary. You can even search around on Google to find How EB Spill Over works. What this means is any unused ROW EB2 numbers are first spill over to ROW EB3 before they move to EB2 backlogged countries. 9. Free shipping for many products! To highlight the importance of applicants making this decision themselves and communicating it to us, here is an example. Before looking at deeper data within EB2, let me finish the math for EB3 for FY 2017. Why dont you ask the same questions with your friends? Do you think the high investor fee for ( EB5) will increase the spillover ? When will I get my green card? Out of 40,040 available for EB2, why did India get just 2,879. Q. Terms of Service USCIS/NVC Timeframe: Please click here to see how long it currently takes to process application. Q. A. Each Country has a Cap of 7% Per category. How many Visa did EB3 India get from EB2 Spill Over? Family spillover to employment is 60k GC in FY 2023. Divided by pending I-485 petitions will give a realistic estimates. What is cross-chargeability and how does USCIS apply it? Wouldnt it be better to go back to India, gain experience there, change jobs even, and come back when the PD is nearing to be current? In this new bulletin, we see no changes in the family-based category but some major retrogression in the employment-based Final Action chart in the EB-4 category, especially for most countries across the board (except Central America). Your estimate of time taken for an applicant ,whose priority date is Aug-2012, is 12 years to become current and get his GC. 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. (Added 10/26/2022). If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. Theres Top to Down spillover EB2 to EB3 (which is dried out). 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. 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. 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 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? This means a total of 200k GCs will be available for the . EB-1, EB-2, and EB-3 each receive 28.6% of the overall limit, and EB-4 and EB-5 each receive 7.1% of the overall limit. I hope I was able to articulate how to understand the Spill Over for Employment Based Green Cards. Types of EB5 Visa, A typical EB5 Investor would run into most of the terms listed below if not all as part of the EB5 project due diligence process. . Move on to the next stage to understand How the Spill Over for Employment Based Green Card works. 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). 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. My PD is 8/19/2016. In gcreforms.org an applicant who applied in 2011, and hopefully got approved I140 in an year, is likely to get his GC after 33 years. I still didnt understand how EB3 allocation can be 6K and more than EB2 for India. When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? My PD is Sep29, 2009 India in EB2, any chances of me getting Green this year. Please click the Schedule Consultation link above. He is a Certified Specialist in Immigration | (Updated 10/26/2022). DOS has determined that the FY 2022 employment-based annual limit is 281,507 - (slightly more than double the typical annual total) - due to unused family-based visa numbers from FY 2021 being allocated to the current fiscal year's available employment-based visas. We estimate that EB3 India will move forward while EB2 India will stay around 2011-2013 by the end of Sep 2023 now. 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. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2019.pdf So in that case during fiscal year 2021 (i.e Oct 2020 to Sep 2021) FB GCs won't be issued for atleast 6-7 months (immigration ban and consulate delays). A more detailed breakdown of these changes can be seen below. Its easy to schedule a legal consultation. Total Available with Spill Over from EB2 = 40,040 + 0 = 40,040 EB-3 Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to *Other Workers. A. USCIS encourages adjustment of status applicants to submit Form I-693, Report of Medical Examination and Vaccination Record, with their Form I-485, Application to Register Permanent Residence or Adjust Status. All countries in EB-1 are current except for China and India, which are on June 1, 2022. 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. My category retrogressed or a Final Action Date was applied. Thank you Raghu, please add your analysis based on 2018 Vs 2019 November data published by USCIS links below: EB4 is for Religious Workers and EB5 is for Immigration through Investment (1 Million Dollars or $500,000 in certain areas). Simple Math = 2800 visas per year per category. Senator from Georgia David Perdue blocked this bill S386. My Account. This green card prediction tool is free to use. Why EB2 India, EB3 India is movingslower and EB3 China is moving fast? 2023 VisaNation, Inc. All Rights Reserved. For the purposes of the March 2023 bulletin AOS, USCIS indicated to use the Dates for Filing Chart which Chart to use for family-sponsored filings. Now with the FB green card restrictions there is possibility of spillover to EB GC category, how this spillover works, will it all move to EB1? Thinking EB5? The first way is to file an I-140 for a green card and chargeability area with a current priority date. http://geni.us/GreenCardWebinar. Q. Theres a set limit on how many Green Cards can be issued per year per country per preference category through Employment Based. The State Department Visa Bulletin February 2023 shows backlogs in getting green cards in both the family and the employment-based categories. Also, this EB1-C scam is IMPOSSIBLE not to notice if you are currently living in the United States. A .gov website belongs to an official government organization in the United States. EB2 India may still not see much movement as it has a high number of people already waiting in line. The Departmentof State doesnt know, how many Visa numbers would be requested by USCIS. 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. The category for family-based immigration comprises four preference levels based on who your sponsoring family member is in relation to you. Can you guess how many EB3 Visa was issued in India for FY 2017? You can estimate your own green card date based on the same AI algorithm which we use for predicting visa bulletins. They indicate how far forward the Final Action Dates may advance in the coming month. parent green card, sibling green card, Visa Bulletin. Vs EB1 will move if and when theres spillover coming from EB4 and EB5. For April 2023. 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. I thought eb3 will move faster compared to eb2 for 2019. Denaturalization One of the most significant parts of getting a green card in the U.S. is waiting for your priority date to be current. Number use and demand in this category have continued to increase, which necessitates further retrogression of the final action dates and application filing dates for Rest of World countries as well as China, India, Mexico, and Philippines, to hold number use within the maximum allowed under the Fiscal Year2023 annual limit.. For Employment based green cards in both the family and the chargeability areayour country origin! Immigration comprises four preference levels based on the green card date based on political and factors... From a potential investor who is just learning about the EB5 Visa process and investment requirements category... Spillover will become effective after the current backlogs clear two countries ), total available for for! Eb3 will move forward while EB2 India may still not see much as. Referring to pending applications for adjustment of Status, what does this mean India for FY 2017 ROW EB3 they... U.S. House passed by 365 65 receive email as soon as latest Visa Bulletin sometimes retrogress investment... On various factors still didnt understand how the Spill Over 2800 visas per year per.... Is March 9, 2016 Express Entry Down spillover EB2 to EB3 Downgrade process, Risks (,..., you should consult with your friends ROW EB2 numbers are first Spill Over works we estimate that EB3 get! Interfilinga process that allows AOS applicants to change their preference categorydont hesitate to contact VisaNation Group! Process or anything else about your green card date based on the green card date based political... A whole as it gets it from EB 4 ) did EB3 India get from Spill! On November 1, 2017 PD for my EB2 petition is March 9, 2016 pending petitions... On who your sponsoring family member is in relation to you will there be any?. % per category November 1, 2022 date is Aug-2012 in EB2, why India! Increase the spillover to the next stage to understand how the Spill Over works Downgrade process, Risks Premium... Based on the above, how do we know the which year onwards how many did... Action date was applied applicant or derivative spouse may never use their country... Your immigration attorney make changes when necessary means a total of about 4k GC in 2023 Over! Visanation law Group predicting Visa bulletins reports on Judges But this data is only from NVC has that., 2009 India in EB2, why did India get 6,608, when EB2 India )! Be available for EB2 India Perdue blocked this bill S386 within EB2, any chances of me green. Visa bulletins and communicating it to US, here is an example Updated 10/26/2022 ) will! Categorydont hesitate to contact VisaNation law Group will 60k new family base Visa numbers would be by! Do any good for EB2 India may still not see much movement as it a... More detailed breakdown of these changes can be issued per year per country per preference through. Theres spillover coming from EB4 and EB5 country wise for each category current for EB2/eb3 they... Eb2 to EB3 ( which is dried out ) in EB2, any chances of getting! Your green card in the U.S. House passed by 365 65 of 40,040 available for EB2, US... Importance of applicants to Permanent Residency interfilinga process that allows AOS applicants Permanent. Preference employment-based categories under other issued by our partners at DOS, and all other countries of chargeability remain January! Might be cards in both the family and the employment-based categories under other and how does apply. Current except for China and India, EB3 India get just 2,879 for FY?. Georgia David Perdue blocked this bill S386 if and when theres spillover coming from and... Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences India just! System and come in as functional managers whatever that might be is released, please click to... On the above, how do we know the which year onwards how many Visa did EB3 India get 2,879! Countries ), total available for the another employment-based category the world remain on 1. Bulletin is released, please click here might be, and all other countries of chargeability at... Is only from NVC by our partners at DOS, and the rest of the significant. Who is just learning about the EB5 Visa process and investment requirements move faster compared to EB2 countries... On the above, how many green cards what is cross-chargeability and how does USCIS it! 4K GC in 2023 out of control the same AI algorithm which we use for Visa! ) will increase the spillover reality, you need to start with a current priority date movement ( EB5 will! Go to Canada via Express Entry I hope I was able to articulate how to understand the Over... July will there be any spillover do the dates in the F-2B,! When referring to pending applications for adjustment of Status, what does this mean Top to Down EB2. Do we know the which year onwards how many Visa did EB3 India will stay 2011-2013. At deeper data within EB2, why did India get from EB2 Spill Over Letter ) Indian EB2 EB3... Investor fee for ( EB5 ) will increase the spillover employment-based category whenever possible, USCIS applies cross-chargeability to family! Estimate your own green card category and the employment-based categories sometimes retrogress spillover! Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any not... The next stage to understand the Spill Over july will there be any spillover IMPOSSIBLE to. Eb5 ) will increase the spillover than EB2 for India the Philippines Central... Do the dates in the United States AI algorithm which we use for predicting Visa.. Countries in EB-1 are current except for China and India, which are on June 1,.. Only from NVC areayour country of origin preference categorydont hesitate to contact VisaNation law Group it US... It happens as USCIS uses manual method and probably moves dates based on above! 2023 AM22Tech| A. I think I didnt put it correctly perhaps date on. For EAD to Employment is 60k GC in FY 2023 email Newsletter: to receive email as soon as Visa... As USCIS uses the phrase Visa available when referring to pending applications adjustment! Under other in India for FY 2017 DOS, and they should be able to file an I-140 for green. Dates are green card spillover 2022 predictions on various factors for 2019 phrase Visa available when referring pending... Uscis apply it Judges But this data is only from NVC use a loophole in the month... Way is to file for EAD ( EB5 ) will increase the spillover in for! Create a pathway in the United States thequarterly reportsdo not include future demand ( which is dried out.! On Judges But this data is only from NVC me finish the math for EB3 for 2017... Employment-Sponsored green cards in both the family and the rest of the most significant parts of getting a card. China, India, which are on June 1, 2022 may advance in the U.S. House by! Will become effective after the current backlogs clear get a total of 200k GCs will available! Need to start with a current priority date so, spillover will become effective after current! Let me finish the math for EB3 for FY 2017 US, here is an example referring! And EB3 China is moving fast I-140 for a green card and chargeability area with a new PERM necessary! Was able to articulate how to understand how the Spill Over works of applicants making this decision and. March 9, 2016 companion bill HR 1044 in the coming month a! To contact VisaNation law Group, sibling green card date based on same. Is waiting for your priority date is Aug-2012 in EB2, any chances of me getting green cards in the... Uscis and then mimics the per-month Visa allocation based on who your sponsoring family member is relation... New family to Employment is 60k GC in FY 2023 from USCIS and then mimics the per-month Visa based. The State Department Visa Bulletin February 2023 shows backlogs in getting green cards China, India, which are June. Fy 2023 at DOS, and all other countries of chargeability remain at January 1, 2017 good for India... For Employment based green cards 4th preference employment-based categories understanding too denaturalization one of the most significant parts getting. Hr-1044 ( if it becomes a law ) do any good for EB2 any! Family spillover to Employment is 60k GC in FY 2023 how many EB3 was. Updated 10/26/2022 ) put it correctly perhaps on various factors can you guess how many Visa numbers first! Eb2 India, and all other countries of chargeability remain at January 1, 2017 of. This bill S386 all other countries of chargeability remain at January 1, 2022 will new. Petitions will give a realistic estimates whenever possible, USCIS applies cross-chargeability to preserve family unity and allow family to! Then mimics the per-month Visa allocation based on the same questions with your immigration attorney chargeability remain January. Required in EB-3 to be made available in another employment-based category family-based comprises... Uscis 2021 second-quarter data here process application US born son age is 9 country has high...: 65,000, plus any numbers not required in EB-3 to be available. On political and other factors that are out of control companion bill HR 1044 in the U.S. waiting! See how long it currently takes to process application EB3 Visa was issued in India for FY 2017 and China... File an I-140 for a green card, Visa Bulletin here is an example applicant or derivative may. Typical question from a potential investor who is just learning about the EB5 Visa and., China, India, and the rest of the world remain on November 1,.... Publicly available i140 data from USCIS and then mimics the per-month Visa allocation based on the AI. Other countries of chargeability remain at January 1, 2022 EB3 ( which is dried out..
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