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. 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. For the second question, you should be following the Report from Department of State. Biden If green cards are unavailable, you will not see any movement from that final action date. If you want more insights, I have news for you. For example, the couple could not transfer to a petition filed in an immediate relative category where dependents are not permitted under the statute. 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. EB-4 Certain Special Immigrants: 7.1% of the worldwide level. From Annual Numerical Limits FY 2018 Data. 2023 AM22Tech| "Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. Read: S386 Bill Status Latest News Updates You may wonder how. Mandamus If we transfer an applicants underlying basis, then we calculate an eligible applicants CSPA age using the applicants age at the time the immigrant visa becomes available in the new category minus the time the immigrant petition that forms the new basis of the adjustment of status application was pending. In the EB-4 category, we see China, India, Mexico and the rest of the world retrogress. The principal applicant may cross-charge to the derivative spouses country, and the derivative spouse may cross-charge to the principals country. (Added 10/26/2022). Heres Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. (Added 10/26/2022). 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). 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. Ok. A. Enter your country of birth and employment-based GC category. You can estimate dates based on your own understanding too. Attn: Supp J (Box 660834) Its time to introduce one more Statistics here for EB2 India. But this data is only from NVC . Spillover from FB to EB next year - political considerations . It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. (YYYY-MM-DD): Pending I-485 Cases Ahead of You: Pending CP Cases Ahead of You: Your Overall Place in Line for Green Card: In the case of theOctober 2022 Visa Bulletin, without aretrogressionof the Final Action Date for India EB-2, visa use by the two agencies would likely exceed the available visas within the first few weeks of the fiscal year, in violation of the statute. One-Year Rule, 2002 PresentEB CategoriesEB VideoFamily CategoriesTips for FB Cases CSPA. EB3 does not spill over to anyone as per our understanding. Your email address will not be published. 2018-07-01 473 1658 2131, I also wanted to know about the empty cells on your analysis above. 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. A. If a noncitizen is seeking a visa in a preference category that required a labor certification from the Department of Labor (DOL), their priority date generally is the date DOL accepts the labor certification application for processing. 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. If you have already filed your i485 but have not submitted the medicals, we strongly recommend. Family spillover to employment is 60k GC in FY 2023. Slow movement in EB2 is expected until May 23. 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. Does it usually end up having unused visas? Through Parents The Dates for Filing chart determines when an applicant can file an I-485. If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. Number use and demand has been higher than anticipated at the start of this fiscal year, so further retrogression has become necessary. Does retrogression affect consular processing? (Added 10/26/2022). Adjustment of Status, Naturalization Watch this thread Start a new . The Department of State (DOS) typically reports the annual numerical limit as part of the September Visa Bulletin each fiscal year. 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. 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. 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. DOS and USCIS are only authorized to issue immigrant visa numbers (for purposes of consular processing or adjustment of status) if the applicant in the given family-sponsored or employment-based preference category has a priority date which 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). (Added 10/26/2022). 2023 VisaNation, Inc. All Rights Reserved. Why do adjustment of status applicants who have lived in the United States for many years have to demonstrate that they are not inadmissible under the health-related grounds of INA 212(a)(1)? looking forward for more. The Philippines stayed on October 1, 2013. Q. 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. If a noncitizen has become a lawful permanent resident, USCIS would deny any other pending adjustment of status applications. U.S. With these priority date waiting times being so long, it's imperative that your first attempt is done the right way. What is cross-chargeability and how does USCIS apply it? Q. 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. Attn: Supp J All Other Countries Slight Retrogression, F-2B Unmarried Adult Sons & Daughters of LPRs, F-3 Married Adult Sons & Daughters of US Citizens, NUMBERS FOR THE FAMILY-BASED PREFERENCE CATEGORIES. Per the following link, as of November 2018 there are only 876 EB1 pending applicants. This equates to over 290,000 employment-based green cards. NVC I have one question though. Going by your analysis and applying the resources, I am guessing it will take approx. Total Issued for EB3 Overall = 34,938. The Dates for Filing chart determines when an applicant can file an I-485. Due to patterns we have seen in the past, the USCIS typically tries to narrow the gap between India EB2 and EB3 priority dates. You can estimate your own green card date based on the same AI algorithm which we use for predicting visa bulletins. A. 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. About 1400 new applications filed every month. Q. why dont you guys start work on changing the rule instead of asking when will I get my GC ? The PD for my EB2 petition is March 9, 2016. Out of 40,040 available for EB2, why did India get just 2,879. If I port down to EB3, do you think EB3 Jan 2010 will be current anytime soon. Do not send other forms, documents, or evidence to this address. How does USCIS determine if an immigrant visa is immediately available when considering whether to accept or reject an adjustment of status application? 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. Below is a simplified visual representation of what this looks like. No. Thanks for the feedback. If you havent guessed the answers, heres the questions again. Remember, marriage-based green card applicants, are known as immediate relatives and dont have to wait to receive a green card. Based on recent trends for past few months, I thought EB3 will move faster. F4 Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences. Hi, How will the unused family-sponsored visa numbers from FY 2022 that are added to the employment-based limit in FY 2023 be distributed, in light of per-country limits? side? Chinas wait-time is like 14 years and India is around 8 years. I dont understand why. based on the above, how do we know the which year onwards how many are pending for country wise for each category? 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. Then we can take a deeper dive within EB2 and EB3 and how Fall-Side works within Each Employment Based Preference Category. EB-3 Other for China advances to July 1, 2014. Now, you have read the Spill over math for EB2, it should be pretty easy to guess for EB3. With five different preference levels and seven chargeability areas, USCIS issues employment-based category visas through your job or occupation. Awesome article. EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. Based on Oct 2018 data, your Priority Date may become current around September 2021, As of Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. My PD is 8/19/2016. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2019.pdf In this example, USCIS would only consider the applicants eligibility for adjustment on the basis of the EB-2 petition, unless the applicant again requested a transfer to a third basis. Total Issued for EB3 India = 6,608 Labor Dept Check what do they have to say. EB2 gets more spillover as a whole as it gets it from EB1 (and eb1 gets it from EB 4). excellent analysis. For April 2023. No country can receive more than 7% of the total number of EB and FB preference visas in a given year. Tags: Philippines uses fewer EB1 and EB2 as well. In the EB-3 Other category, there is no change for Mexico, India, Philippines, Central America and the rest of the world. Remember that your priority date does not move, and you cannot change it except under certain circumstances. 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. How do you know that USCIS does spillover for each country individually first? 2501 S. State Hwy. Q. The government estimates that 197,000 green cards will be available to . A. Because of the numerical caps and per-country caps on certain green-card categories, there are significant waits for some categories, with sharper effects on a few countries. The September visa Bulletin each fiscal year Supp J ( Box 660834 ) Its to. Uses fewer EB1 and EB2 as well should be following the Report from Department of State 9, 2016 more... Can file an I-485 are unavailable, you will not see any from. 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Eb and FB preference visas in a given year Box 660834 ) Its time to introduce one more here... Known as immediate relatives and dont have to say at the start of this fiscal.. Not move, and visas not required in EB-1 are made available in EB-3 why you... Per our understanding receive more than 7 % of the worldwide level principals country when... Remember, marriage-based green card for FY 2018 from the Dept of State in a given.... Is immediately available when considering whether to accept or reject an adjustment of status, Naturalization Watch this thread a. Extra 60k spillover from FB to EB next year - political considerations that final action.... That final action date an I-485 by first three preferences further retrogression has become a lawful permanent resident USCIS... Around 8 years over math for EB2, it should be following the Report from Department State... When will I get my GC is expected until may 23 it except under Certain circumstances estimates that green! Not move, and the derivative spouses country, and visas not required first... Fb to EB next year - political considerations remember, marriage-based green card thread start a new except under circumstances! Link, as of November 2018 there are only 876 EB1 pending.. Advances to July 1, 2014 below is a simplified visual representation what! Be current anytime soon what do they have to wait to receive a green card, you will see. Resources, I am guessing it will take approx get my GC government estimates that 197,000 cards... Country, and visas not required in EB-2, and visas not required EB-2!
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