Through Military Q. It is working. Spillover from FB to EB next year - political considerations . Reports on Judges EB2 India may still not see much movement as it has a high number of people already waiting in line. 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). parent green card, sibling green card, Visa Bulletin. MY GOD, WHY IS THIS SO HARD TO UNDERSTAND??? 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.). 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. Oct 2018 content is improved and answers readers questions from Session 1. EB2 gets more spillover as a whole as it gets it from EB1 (and eb1 gets it from EB 4). USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to maximize the issuance of visas. Under the regulations, an immigrant visa in the family-sponsored and employment-based preference categories is considered available for accepting and processing the adjustment of status application if the applicant has a priority datewhich is earlier than the date shown in the [Visa] Bulletin for their country and category (or the Visa Bulletin shows that the category is current, that is, visa numbers are authorized for issuance to all qualified applicants). Q. Official websites use .gov 2018-07-01 473 1658 2131, I also wanted to know about the empty cells on your analysis above. And you also have an option to go to Canada via Express Entry. In the employment-based preference categories, a childs age under theChild Status Protection Act (CSPA)is the childs biological age at the time of visa availability less the amount of time that the underlying petition was pending, but only if the child sought to acquire status as a lawful permanent resident within one year of the date a visa is available. When USCIS adjudicates a principal applicants adjustment of status application, does USCIS also adjudicate the adjustment of status applications of the dependent family members? Q. In other words, if there were unused family-sponsored numbers in the previous fiscal year, they are distributed based on the same fixed percentages. I agree. Employment-Based When is a visa number subtracted from the annual limit? OP. 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. Retrogression only means that due to the statutory limits, visas are not available to all noncitizens who want them, even if they have already filed an application for adjustment of status. Read: S386 Bill Status Latest News Updates You may wonder how. mw. 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. (Updated 10/26/2022). Heres Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. 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. 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. I have a Green Card Guide, that includes the analysis (available for purchase). In FY 2023, USCIS intends to transfer adjustment of status applications in the first three employment-based preference categories from the Texas Service Center (TSC) and Nebraska Service Center (NSC) to the National Benefits Center (NBC) after the approval of the petition. No country can receive more than 7% of the total number of EB and FB preference visas in a given year. Does retrogression affect my priority date or place in line for an immigrant visa? Our predictions are based on these numbers that we think are possible. http://geni.us/EBGreenCardProcess. What is my path forward to a Green Card? In the EB-3 Other category, there is no change for Mexico, India, Philippines, Central America and the rest of the world. Refer to the Green Card Guide for additional details on how to calculate the waiting time. Keep this date handy since you will need it to compare to the dates in this bulletin. Therefore, running decisions like these through your immigration attorney is always good. 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). Mandamus A. The companion bill HR 1044 in the U.S. House passed by 365 65. 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? But it gives earlier date when I put 50% wastage and a later date when I put 25% wastage. Another reason Theres EB3 to EB2 porting. A receipt notice does not mean that USCIS has granted the transfer request, it just indicates that USCIS has uploaded the Supplement J information into our systems. A. Please check this blog and update yours so more people are educated . Employers For the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world are current. They also probably hold the dates based on their assumptions about how many ROW (rest of world) numbers are needed which is just a wild speculation. 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). L-1 Visas Multiple sources are reporting that there could be some spillover from the family-based green card category to the . Review our. No. Q. About 1400 new applications filed every month. No, USCIS granting an applicants transfer of underlying basis request does not mean that an immigrant visa has been allocated to the applicant. 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. Both EB2 and EB3 India will take several years. 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? Will HR-1044 (if it becomes a law) do any good for EB2 India? This could delay the adjudicationof adjustment of status applications while Forms I-693 are matched up to adjustment applications. Mainland China remains on August 1, 2018, while India remains at June 15, 2012. 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. Question from EB5 Visa Newbie Can an EB5 Investor invest in any EB5 Visa Projects? When is a derivative childs applicant age locked under the Child Status Protection Act, and how is that age calculated? Thanks to my friend whos been keeping track of these EB-2 India numbers for these years. 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. A. The Regional Center An EB-5 regional center is an economic unit, public or private, in the United States that is involved with promoting economic growth. (Added 10/26/2022). Why do the dates in the Visa Bulletin sometimes retrogress? document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Site Map, Success Stories As you look at the numbers below, heres how Im getting the Numbers: So, EB4 had a maximum of 9,940 for FY 2017. Vs EB1 will move if and when theres spillover coming from EB4 and EB5. Your priority date must be current under the Final Action Chart to adjudicate your green card. Its easy to schedule a legal consultation. H-1B Visas (Added 10/26/2022). Videos click here: https://www.mygcvisa.com/visa/. Thats how you got the 6k. A. Its disappointing to see that those gained experience and promoted to manager roles in US can only be ported from EB3 to EB2, but those gained similar experience outside US can directly apply for EB1. 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). Good details. Change in laws must.Keep lobying. 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? I heard that USCIS does spillover for each country individually first before moving them to backlogged countries. 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. If the applicant has submitted a transfer of underlying basis request, USCIS will continue processing that request and moving the application forward in the adjudication process. 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. What if dependent family members are not approved before priority dates move back? A. Yes. For those new to the green card process, you should learn a few terms and remember to understand the rest of this March 2023 visa bulletin report. EB1, EB2 and EB3 = 7% of 40,040 = 2,803. Nurses Back to Green Card Discussion Forum (I-485) Ask a Lawyer. A. The more you know about your green card, the easier it will be to make informed decisions about your case. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Under INA 203(b), visas not required in EB-4 and unreserved visas not required in EB-5 are made available in EB-1. (Added 10/26/2022). The 60-day rule, which has been temporarily waived,does not apply to Forms I-693 signed by the civil surgeon after you have filed Form I-485. Family spillover to employment is 60k GC in FY 2023. These visa bulletin predictions are estimates based on recent movement in the family-based categories and should not be relied upon as legal advice. So far, I havent see any time your app predicted, its not your app fault, but USICS methods. 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. Total Issued for EB3 Overall = 34,938. Terms of Service Religious 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. Get latest visa bulletin and blog posts sent directly to your email address. I did two Live Webinars on How to Navigate the Green Card Process (150 and 130 Minutes in Duration). We estimate these dates to be possible in the next 12 bulletins: If you have already filed your i485 but have not submitted the medicals, we strongly recommend interfiling the i693 form and improving your chances of getting a Green card earlier than others in the queue. It's FREE to register! 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. There are three different Categories within Employment Based Green Card EB1, EB2, EB3. USCIS i485 approvals up to Mar 31, 2021 You can see this official USCIS 2021 second-quarter data here. They are all EB1-C geniuses who use a loophole in the system and come in as functional managers whatever that might be. The short answer is: probably not. US Citizenship Test Q. Like this thread 0 1. Remember, marriage-based green card applicants, are known as immediate relatives and dont have to wait to receive a green card. A. All documents are cleared and I got the email from NVC that my file is in the que to be scheduled for interview. When do you think it will be current? This is misleading because you dont port your green card. USCIS cannot create a waiver or exemption from the health-related grounds of inadmissibility where Congress has not done so. If visas are not required in a particular employment-based category, are they made available in the other employment-based categories? 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. COVID In addition, China remained on June 8, 2019, while India was on October 8, 2011. Where can we find how many unused visa nos are available for EB3 or EB2 india for 2020. 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? 3000 cars issued per year. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Does retrogression affect consular processing? 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. Q. USCIS announces which chart applicants can use within a week of the visa bulletins release. Your email address will not be published. There are millions of people waiting in line abroad for family-sponsored green cards. The chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category. EB Green Cards In the F-1 category, China, India, and all other countries of chargeability remain at August 8, 2016. 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. (Updated 10/26/2022). I thought eb3 will move faster compared to eb2 for 2019. Preference: Priority Date: USCIS/NVC Case Status: Enter case receipt number: Get receipt Number USCIS Case Processing Time: 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. Lets look at each category with available Cap per year. The State Department has issued the March Visa Bulletin. You should only send transfer requests accompanied by a Supplement J to this address. 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. Required fields are marked *. Family spillover to employment is 60k GC in FY 2023. I-864 A. Senator from Georgia David Perdue blocked this bill S386. I have questions about the EB3 FY 2017 Numbers: Total Available EB3 = 40,040 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. My Account . How do they fall? The Department of State (DOS) typically reports the annual numerical limit as part of the September Visa Bulletin each fiscal year. A. No, if USCIS grants an applicants transfer of underlying basis request, USCIS will only adjudicate the adjustment of status application on the most recently-granted transfer request. Share sensitive information only on official, secure websites. Their english tends to be horrible at best, as most of them never took GRE/TOEFL, they never studied in the US. You start talking about EB3, EB2 and never moving Priority Date. A category can be Current in the Visa Bulletin even when there are tens of thousands of applications pending with the agencies. 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. 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. Out of 40,040 available for EB2, why did India get just 2,879. Q. October 2022 Visa Bulletin Predictions. If you have already filed your i485 but have not submitted the medicals, we strongly recommend. If USCIS grants my transfer of underlying basis request, will USCIS consider my eligibility for adjustment of status on both bases? 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. Your app cant predict the dates accurately, because USICS always acts in a different way. Do you need help with your immigration case? A. DOS, in collaboration with USCIS, considers every month if visas may be not required in a particular employment-based category based on reasonable estimates, and sets the dates in the Visa Bulletin accordingly. (Added 10/26/2022). VisaNation Law Group attorneys have extensive experience helping people obtain green cards through their families and through their employment and can help you avoid the common pitfalls. Most of these persons are residing in the US on temporary working visas. 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. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. If they go by actual i140 numbers, the app prediction will probably be a lot closer to reality. EB3 may only reach end of 2013. 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's privacy policy and terms of use time. Based on these numbers that we think are possible USCIS grants my transfer of underlying basis does... Place in line abroad for family-sponsored green cards in the System and in! App prediction will probably be a lot closer to reality in EB-4 and unreserved visas not required in,. On official, secure websites 60k GC in FY 2023 visas multiple sources are reporting that there be. Pdf ) each country individually first before moving them to backlogged countries wonder how details on to. Before moving them to backlogged countries path forward to a green card, the,... To VisaNation Inc. 's privacy policy and terms of use multiple, proactive steps in coordination its. Will move faster compared to EB2 for 2019 for family-sponsored green cards ( DOS ) typically reports the limit... Visa Bulletin unreserved visas not required in a given year will move faster compared to EB2 2019... Compare to the do the dates in this Bulletin 60k GC in FY.! 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