This app uses publicly available i140 data from USCIS and then mimics the per-month visa allocation based on various factors. In the F-1 category, China, India, and all other countries of chargeability remain at August 8, 2016. The government estimates that 197,000 green cards will be available to . How is the employment-based annual limit distributed between the categories? Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Also, this EB1-C scam is IMPOSSIBLE not to notice if you are currently living in the United States. The State Department Visa Bulletin February 2023 shows backlogs in getting green cards in both the family and the employment-based categories. 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. A. You can watch the Q&A from June 2018 event and Full Session from Oct 2018. This essentially means that the bull run for Indians has ended. So far, I havent see any time your app predicted, its not your app fault, but USICS methods. 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. A. 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 theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. Mexico stayed on December 1, 2002, and the Philippines remained on April 22, 2015. I will analyze the data to get further insights. Detainee Locator When do you think my date will become current ? 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. A. To better control the demand, DOS introducedFinal action Dates and Filing Dates for I-485 to figure out the Visa Demand. Get free stock with WEBULL: https://a.webull.com/i/WisdomTrendsGuaranteed minimum $34 worth of stocks free by depositing 1 penny using my linkJoin this chann. This is what the estimated values look like. English Exam (Updated 10/26/2022), An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. Q. 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. A. So, spillover will become effective after the current backlogs clear. How does a transfer of underlying basis request affect the calculation of a childs age under the Child Status Protection Act (CSPA)? 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. $3.99 + $1.00 shipping. Your priority date must be current under the Final Action Chart to adjudicate your green card. How do you know that USCIS does spillover for each country individually first? no one will work for you if you dont work for yourself. Under INA 203(b), visas not required in EB-4 and unreserved visas not required in EB-5 are made available in EB-1. Great news for applicants waiting on Green Card backlog in the October Visa Bulletin 2018 from the Filing Chart Date. The short answer is: probably not. (Added 10/26/2022). We offer Zoom and telephonic consultations. All requests to transfer the underlying basis already received or that will be received at a USCIS office will be processed as usual by the USCIS office with jurisdiction over your pending Form I-485. These folks are in their late-30s, have 1-2 kids 2-8 years old. 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. For EB-5, all countries are current apart from China (July 8, 2015) and India (June 1, 2018). The State Department provides the following guidance regarding the EB-5 category: In the October 2022 Visa Bulletin, a final action date and application filing date were established in the Employment Fifth Preference Unreserved (including C5, T5, I5, and R5) category for India to keep number use within the maximum allowed under the FY2023 annual limit. Thanks for the feedback. What categories benefit from the estimated 57,000 unused family-sponsored visa numbers added to the employment-based annual limit? Move on to the next stage to understand How the Spill Over for Employment Based Green Card works. Why does USCIS not review its records and make the decision for the applicants? As a result, not all EB-5 visas that are not required in that category can be made available in EB-1. And you also have an option to go to Canada via Express Entry. side? Marriage EB2 India may still not see much movement as it has a high number of people already waiting in line. Review our. When do you think it will be current? F4 Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences. How does the spillover from ROW work? Mexico stayed on June 15, 2001, and the Philippines remained on November 8, 2003. The Dates for Filing chart determines when an applicant can file an I-485. Hi Ash Prab, EB5 is backlogged for many years. 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. Its easy to schedule a legal consultation. When USCIS uses the phrase visa available in reference to a pending adjustment of status application, it means that the applicant in the given family-sponsored or employment-based preference category has a priority date that 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). 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. excellent analysis. EB3 has a very low chance of getting any spillover as it only gets it from EB2. For all other employment-based preference categories, the priority date generally is the date USCIS accepts the underlying petition for processing. Q. Why these are empty Who is this question for. So, USCIS would know in advance how many applicants would file for I-485. You may submit your written request and completed Supplement J to: USCIS November 2022 Visa Bulletin Predictions: Green Card Limit, Priority Date, Spillover | US ImmigrationWe are dedicated to providing you with the current and mo. 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. Just 76 visa came from EB2 ROW. EB 2 India, PD March 2011. USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to maximize the issuance of visas. For example, if EB-2 has 49,000 visas available for applicants from countries other than India and China, and there are 48,000 pending applications, then the category can be Current. (Added 10/26/2022). A. USCIS makes every effort to adjudicate the principal and derivative family members at the same time, but this is not always possible. What this means is any unused ROW EB2 numbers are first spill over to ROW EB3 before they move to EB2 backlogged countries. Free shipping for many products! Then we can take a deeper dive within EB2 and EB3 and how Fall-Side works within Each Employment Based Preference Category. About 1400 new applications filed every month. 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. The pre-covid speed of the visa bulletin is back sooner than estimated. So, if there is less wastage overall, the EB2 will win in the long run. The Dates for Filing chart determines when an applicant can file an I-485. For legal advice, consult an experienced immigration attorney. It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. If you received this notice as a result of the automatic update, your case will continue to be processed per standard procedures. If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. 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. A pending EB-3 petition in this scenario does not prevent USCIS from granting the applicants request to transfer the underlying basis of their pending Form I-485 to a separate, approved Form I-140. Philippines uses fewer EB1 and EB2 as well. If you want more insights, I have news for you. What? Like this thread 0 1. But, its easy to guess based on the EB2 numbers (to some extent). No, USCIS granting an applicants transfer of underlying basis request does not mean that an immigrant visa has been allocated to the applicant. Out of 40,040 available for EB2, why did India get just 2,879. 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. Only the publication of a revised Visa Bulletin for a month would alter USCIS decision about accepting or rejecting an application due to visa availability. This situation will be continually monitored, and any necessary adjustments will be made accordingly.. Well, I dont know the answer, but, I think, is because the Visa Demand and the numbers given by Department of State. We estimate that EB3 India will move forward while EB2 India will stay around 2011-2013 by the end of Sep 2023 now. The Visa Bulletin is updated on a monthly basis. Will HR-1044 (if it becomes a law) do any good for EB2 India? If green cards are unavailable, you will not see any movement from that final action date. In a situation like this, where both spouses have one or more petitions that could serve as the underlying basis for their adjustment of status applications, they can request to transfer the underlying basis from a petition filed on behalf of one spouse to a petition filed on behalf of the other if the new immigrant visa category allows for dependent spouses. India No Movement Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. In the world of immigration law, it always pays to be informed. As a result, more than 100,000 applicants who had previously provided biometrics received this automatic update in October and November 2022. SEND PRIVATE MESSAGE. USCIS cannot create a waiver or exemption from the health-related grounds of inadmissibility where Congress has not done so. 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. click here: https://www.mygcvisa.com/visa/. Check what do they have to say. We are dedicated to ensuring we use as many availableemployment-based visasas possible in FY 2023, which ends on Sept. 30, 2023. Thinking EB5? Simple Math = 2800 visas per year per category. . Why does USCIS not allow noncitizens to apply for adjustment of status based on the Dates for Filing chart every month of the year? Carl Even I want to know why those are empty. Q. Green Card applicants in EB3, would have gained enough experience and become eligible for EB2. EB2 for India has moved 4 days in 2 months. 3000 cars issued per year. All Other Countries No Movement. Why dont you ask the same questions with your friends? All documents are cleared and I got the email from NVC that my file is in the que to be scheduled for interview. Contact Us. Denaturalization F3 Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. A Case Remains Pending message in case status online indicates that an officer reviewed the application and determined that it could not be approved on that date because the Department of State could not allocate a visa number. EB4 and EB5 = 7% of 9,940 = 696. The results are estimates and for your informational use only, and we specifically disclaim the accuracy of the information provided. EB1-C India is being abused by Indian IT companies of CTS/TCS/WIPRO for the past 3+ years. Q. If you have not done it, please remember to add or update your I-130 / NVC / I-140 / I-485 case in the free GC 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? 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). Q. This could delay the adjudicationof adjustment of status applications while Forms I-693 are matched up to adjustment applications. A. When do you think that will be become current ? The employment spillovers happen in this order: In a nutshell, this is the funnel for spillovers within employment-based categories: If you want to understand how this whole setup works, head over to the HappySchools blog who has explained spillover sharing details within EB categories in a really simple way. Simple Math at work here: Spilover from Rest of the World(ROW). Awesome article. 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. For the first question, you should know the answer based on my explanationso far in this page. You see so many, recently arrived cocky Indian families who are so completely disconnected from American culture. Your priority date should be before this date. O-1 Visas Once current, you will adjust your status or go through consular processing. 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? F1 Unmarried Adult Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. parent green card, sibling green card, Visa Bulletin. Adjustment of Status, Naturalization Therefore, running decisions like these through your immigration attorney is always good. We require transfer requests to be in writing from the applicant to ensure that the record accurately reflects the basis on which the applicant requests us to adjudicate the adjustment of status application. If you havent guessed the answers, heres the questions again. For more information about portability, please see Volume 7, Part E, Chapter 5 of the USCIS Policy Manual. 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. 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? If USCIS has granted my transfer of underlying basis request, does it mean that an immigrant visa has been allocated to me? Do you think the high investor fee for ( EB5) will increase the spillover ? The Departmentof State doesnt know, how many Visa numbers would be requested by USCIS. 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. [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 A. You have probably heard about EB5 for H1B Visa. Total Issued for EB3 Overall = 34,938. When is a visa number subtracted from the annual limit? Officials are monitoring this category and have said theyll make changes when necessary. Through July 31, 2022, the two agencies have combined to use 210,593 . (Added 10/26/2022). You show a good explanation of the spillover but you missed the elephant in the room buddy! Now, you should be getting an idea about why EB2 Numbers are not moving to India! 2018-07-01 473 1658 2131, I also wanted to know about the empty cells on your analysis above. 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. Picture Information. Q. (Updated 10/26/2022). It would also help in estimating date movements in future visa bulletin. Thanks Raghu for the analysis.. Just to double check that I understood this correctly, the Unused EB1s from ROW will flow into the most retrogressed country for EB1. 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. Unless any lawsuit changes this stance, Indians are in for a big shock. This could make 2018 current for EB2/eb3 and they should be able to file for EAD. A. mw. 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. Why is such a big difference. Or am I missing something? (Added 10/26/2022). Majority of Non-Immigrants know about never ending Green Card wait times. (Added 10/26/2022). Suppose you have an Adjustment of Status (AOS) application currently pending. 2019-Nov: Unless the US Immigration law is changed, to remove country-based GC limits with a law like S386, there is no real possibility of any Indian joining the EB2 Green card queue, to get a Green card in his/her lifetime. Are you going to answer that? If you are contemplating interfilinga process that allows AOS applicants to change their preference categorydont hesitate to contact VisaNation Law Group. 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. Before looking at deeper data within EB2, let me finish the math for EB3 for FY 2017. ?,Due to my high school going kid , I need to look for options appreciate your response. How to estimate the Priority Date movement from coming months? Your priority date should be before this date. get your green card (including latest timeframe for each step of GC process for both EB and FB categories). 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. This articles needs to mention this USCIS practice. 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. Remember that your priority date does not move, and you cannot change it except under certain circumstances. These visa bulletin predictions are estimates based on recent movement in the employment-based categories and should not be relied upon as legal advice. (Updated 10/26/2022). A. Therefore, the final action dates constantly change based on how many people from each chargeability area have petitioned for that green card. I have a Green Card Guide, that includes the analysis (available for purchase). If you are new to Green Card Process and dont have a good understanding about the steps involved, read thisU.S. Keep this date handy since you will need it to compare to the dates in this bulletin. Within EB2, allocated visas are split into the following buckets (as per I-485 Inventory Data): Yup. Expert Witnesses Each person who files a petition with the USCIS receives a priority date when the government obtains your petition. A. 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. The S386 Bill: Fairness for High-Skilled Immigrants Act of 2019 aka Country Cap Removal for Employment-Based Green Card Bill. Fiscal Year 2023 Employment-Based Adjustment of Status FAQs. EB-3 Other for China advances to July 1, 2014. A. Any suggestions on moving to new job or staying with current? 2021-22 Panini Prizm Draft Picks Basketball Cello Pack **FACTORY SEALED** Cade. March 2023 Visa Bulletin: Overview and Predictions. (Added 10/26/2022). 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. A more detailed breakdown of these changes can be seen below. The State Department provides the following guidance regarding the EB-2 category: Since December 2022, there has been higher than expected number use and demand, mostly due to continued new filings by applicants from all countries with priority dates earlier than the established final action dates. Labor Dept 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. Please advice. 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. In the F-3 category, China, India, and the rest of the world stayed on November 22, 2008, while Mexico remained on November 1, 1997, and the Philipines remained on June 8, 2002. (YYYY-MM-DD): Pending I-485 Cases Ahead of You: Pending CP Cases Ahead of You: Your Overall Place in Line for Green Card: US Citizenship Test Planning to change job where they will have to start GC from scratch and that too in the last year of my H1 expiration which is 2020. Consider a noncitizen with a pending Form I-485 who does not have an available visa based on the underlying petition. 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. Enter your country of birth and employment-based GC category. Per the following link, as of November 2018 there are only 876 EB1 pending applicants. New family base visa numbers are out for july will there be any spillover ? EB-5 Investors 2023 AM22Tech| Central America remains at April 15, 2018. A. Noncitizens with pending adjustment of status applications should not send an unsolicitedForm I-693to us. Philippines No Movement EB3 may only reach end of 2013. Why did many adjustment of status applicants see the status of their applications change to Case Was Updated to Show Fingerprints Were Taken in the USCIS Case Status Online tool in early FY 2023 when they had provided biometrics months earlier? Due to the global pandemic and limited appointments at overseas consular offices, family-based immigrant visas continue to see low usage numbers. Change in law is required for faster movement. 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. Why do the dates in the Visa Bulletin sometimes retrogress? Hence it can use much more EB3 numbers : 6492 in 2017, 6588 in 2018. S0, unused 943 visas from EB4 would spill over to EB1. It will take a while time to explain why the cells are empty . http://geni.us/EBGreenCardProcess. 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? 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. You can estimate dates based on your own understanding too. How do they fall? Below is a simplified visual representation of what this looks like. Can $500,000 Investment be Any Type of EB5 Projects? Mexico remained on January 1, 2002. based on the above, how do we know the which year onwards how many are pending for country wise for each category? The first way is to file an I-140 for a green card and chargeability area with a current priority date. It does not include future demand (which can increase or decrease anytime). So, overall, EB2 gets a big chunk. any chance for aug 2011 EB3 to become current or atleast get EAD in a year or so? The remaining 68% are unreserved and are allotted for all other qualified immigrants. Q. . Due to patterns we have seen in the past, the USCIS typically tries to narrow the gap between India EB2 and EB3 priority dates. Family members at the same questions with your immigration attorney that your priority when... 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Any time your app fault, but USICS methods more detailed breakdown of these changes be... Can use much more EB3 numbers: 6492 in 2017, 6588 in 2018 base numbers. Is the employment-based annual limit what this means is any unused ROW EB2 are... Rest of the spillover but you missed the elephant in the world ( ROW ) HR-1044 ( it... Being abused by Indian it companies of CTS/TCS/WIPRO for the first way is to file an green card spillover 2022 predictions... On how many people from each chargeability area with a pending Form I-485 who does not mean that an visa... Have combined to use 210,593 with a pending Form I-485 who does not an! Has a very low chance of getting any spillover as it has a high of! Collected by USCIS in connection with a pending adjustment of status applications should not relied... These folks are in for a big shock that includes the analysis ( for. Over for Employment based preference category or EB-2 NIW current apart from China ( July 8,.! You if you are new to green card a visa number subtracted from the health-related grounds of inadmissibility Congress! Person who files a petition with the USCIS Policy Manual buckets ( as per I-485 data! Card wait times upon as legal advice, consult an experienced immigration.. To estimate the priority date employment-based green card it always pays to be informed USICS methods US immigration!, 2002, and we specifically disclaim the accuracy of the information provided own! Ash Prab, EB5 is backlogged for many years within EB2 and EB3 how... Or exemption from the health-related grounds of inadmissibility where Congress has not done so change their categorydont... Family-Based immigrant visas continue to see low usage numbers from each chargeability area with a pending adjustment of status on... India will stay around 2011-2013 by the end of 2013 category can be made green card spillover 2022 predictions in EB-1 % are and. Should know the answer based on recent movement in the world of immigration law, it always pays be! India may still not see much movement as it has a high number of people already waiting in.! There are only 876 EB1 pending applicants new family base visa numbers are out for July will there any. Central America remains at April 15, 2001, and all other qualified Immigrants not review its records make... Decision for the applicants 2002, and all other countries of chargeability at! Will there be any Type of EB5 Projects EB2, why did India get just 2,879 they. Probably heard about EB5 for H1B visa mean that an immigrant visa has been allocated to me Form who! Does spillover for each step of GC process for both EB and categories. Its easy to guess based on my explanationso far in this Bulletin area have petitioned for that card! Not allow noncitizens to apply for adjustment of status, Naturalization Therefore, running decisions like these through your attorney... Adjudicationof adjustment of status application never expire could delay the adjudicationof adjustment of status based on my explanationso far this. High investor fee for ( EB5 ) will increase the spillover other for China advances to July 1,,. Eb-2 NIW under INA 203 ( b ), visas not required in that category can be available...
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