So approx 200-300k GCs should flow into EB. Slow movement in EB2 is expected until May 23. (Added 10/26/2022). 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. However, per USCIS rules, no single country is allowed more than 7% of the total number. Employment-Based However, if the limit has passed, you may see the date retrogress or move backward from your priority date. The Final Action Date chart indicates whether an immigrant visa number will be available. By the end of this article, you will have a clear understandingof how EB Spillover Rules work. The EB3 India should still move forward and may reach 2014 as per our estimation. EB2 for India has moved 4 days in 2 months. Thanks for the feedback. L-1 Visas Q. $3.99 + $1.00 shipping. AAO EB1 ROW has PD (Feb 2020 VB is DE 1, 2018), so there will be no spillover coming to EB1 India until that clears. Consider a noncitizen with a pending Form I-485 who does not have an available visa based on the underlying petition. Please see August 2023 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): The dates above have been calculated from data provided by USCIS/DOS. A. In other words, the principal applicant or derivative spouse may never use their childs country of birth for cross-chargeability. Q. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Nurses 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. 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. With this knowledge about Spill Over, I-485 Inventory Data and Visa Bulletin, we have to answer the following questions: Before we can answer the above questions, you have to understand the Role of USCIS and the Department of State. USCIS announces which chart applicants can use within a week of the visa bulletins release. USCIS i485 approvals up to Mar 31, 2021 You can see this official USCIS 2021 second-quarter data here. http://geni.us/GreenCardWebinar. I dont understand why. COVID A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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. Due to years of wait, not everyone with approved I-140 would file for I-485. Expert Witnesses Through Military Hi Total Issued for EB3 India = 6,608 Heres a top-level overview of EB5 Visa steps Step 1: Investor selects the project after due diligence and arranges the funds, On a Friday night, you meet with friends for a drink and dinner. Thanks to my friend whos been keeping track of these EB-2 India numbers for these years. 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. Courts 800# But, only 8,997 was issued. For March, the final action date for the EB-5 Unreserved category for India is set at 01JUN18., NUMBERS FOR THE EMPLOYMENT-BASED PREFERENCE CATEGORIES. 2019-Nov: Thank you in advance. And are there any restrictionson types of business that qualify for EB5 Visa? We are dedicated to ensuring we use as many availableemployment-based visasas possible in FY 2023, which ends on Sept. 30, 2023. Remember, marriage-based green card applicants, are known as immediate relatives and dont have to wait to receive a green card. A. How does USCIS determine if an immigrant visa is immediately available when considering whether to accept or reject an adjustment of status application? No. What? You show a good explanation of the spillover but you missed the elephant in the room buddy! For more information about cross-chargeability, please see the Allocation of Visa Numbers section on this page. You should only send transfer requests accompanied by a Supplement J to this address. I have a Green Card Guide, that includes the analysis (available for purchase). SEND PRIVATE MESSAGE. (Added 10/26/2022). No country can receive more than 7% of the total number of EB and FB preference visas in a given year. Total Issued to EB3 India = 6,608 (FY 2017), Total Available with Spill Over from EB2 = 40,040 + 0 = 40,040, EB1 unused => EB1 Most Retrogressed countries => EB2 ROW, EB2 ROW unused => EB2 Most retrogressed countries => EB3 worldwide, EB3 ROW unused => EB3 retrogressed countries, Total Issued to India = 2,879 (as per report for FY 2017), Total Spill Over from EB2 ROW to EB2 India =2,879 2,803 = 76. But it gives earlier date when I put 50% wastage and a later date when I put 25% wastage. Q. Its time to introduce one more Statistics here for EB2 India. Porting to EB2 would increasethe wait times of EB2 applicants. Again, I dont know only 34,938 was issued when available, numbers is 40,040 for FY 2017. A. How to estimate the Green Card Wait Times using I485 Inventory Data? Spillover from FB to EB next year - political considerations . Hence it can use more EB2 numbers: 4909 in 2017, 4405 in 2018 Due to the global pandemic and limited appointments at overseas consular offices, family-based immigrant visas continue to see low usage numbers. Do you need help with your immigration case? My priority date eb2 2013 Jan, Can u please tell when it will be current? Vs EB1 will move if and when theres spillover coming from EB4 and EB5. (Added 10/26/2022). If your employment-based adjustment of status application has been pending with USCIS for 180 days or more, you may request to "port" the underlying job opportunity upon which your adjustment is based to a new employer or new job offer that is the same or similar to the original one without the portability request alone impacting your priority date; Depending on the facts of your case, your children who have also applied for adjustment of status as your derivative beneficiaries might not age out of, You are generally considered to be "in a period of stay authorized" while your application is pending and would not accrue unlawful presence while in a period of authorized stay.. But, its easy to guess based on the EB2 numbers (to some extent). China remains on September 1, 2018, and India remains on August 1, 2012. You can stay up-to-date with Visa Bulletin by subscribing to our Free E-Mail Newsletter. Why did China only get 2,348 while South Korea got 3,290 and Philippines got 6,492? 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. Does retrogression affect consular processing? Looking for U.S. government information and services? Most of these persons are residing in the US on temporary working visas. My Account . 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. Q. EB-1 Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. Contact Us. Or am I missing something? 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. USCIS has only approved 17,896 Green cards between 1 Jan 2021 to 31 Mar 2021. Because this table is based on people who already has filed I-485, and the EB2 data has never moved beyond 2010 and so no one has filed I 485 after those dates all are waiting.. Q. (Added 10/26/2022). 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. Back to Green Card Discussion Forum (I-485) Ask a Lawyer. Excellent analysis. Client Reviews 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. Out of 40,040 available for EB2, why did India get just 2,879. However, the petition was filed over 10 years ago, and the noncitizen no longer has a relationship with the potential employer, or the employer may no longer exist or no longer be willing to employ the noncitizen. For the second question, you should be following the Report from Department of State. Please advice. Green cards that originate in the family-based system, rolled over to employment-based because they went unused, and then attempted to roll back to family because they are unused again, can be wiped out by the formula. We see no change since the February 2023 Visa Bulletin. Marriage Why these are empty Who is this question for. EB-3 Other for China advances to July 1, 2014. was featured in the February 2018 edition of SuperLawyers Magazine. F2 Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: F2A Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; F2B Unmarried Adult Sons and Daughters of Permanent Residents: 23% of the overall second preference limitation. A .gov website belongs to an official government organization in the United States. March 2023 Visa Bulletin: Overview and Predictions. green card spillover 2022 predictions. EB-5 Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. Your kids would become eligible to sponsor your Green card before EB3 2012 becomes current. 2018-07-01 473 1658 2131, I also wanted to know about the empty cells on your analysis above. Why does USCIS not allow noncitizens to apply for adjustment of status based on the Dates for Filing chart every month of the year? Move on to the next stage to understand How the Spill Over for Employment Based Green Card works. The decision to grant a transfer request is made in the discretion of USCIS. Possible Spillover From Family-Based Green Cards. 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. My PD is 2012 feb for eb3 category. Picture Information. The companion bill HR 1044 in the U.S. House passed by 365 65. To stay in the know about things like the newest visa bulletin, you can subscribe to the Department of States newsletter by emailing [emailprotected] with the message Subscribe Visa Bulletin.. 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 Marriage So, USCIS would know in advance how many applicants would file for I-485. A. The unused family-sponsored numbers are added to the employment-based limit immediately at the start of the year, though DOS makes their final determination of the annual limit later in the year. Your next question How do I calculate the Wait Times for my Green Card? The more you know about your green card, the easier it will be to make informed decisions about your case. This was supposed to be good news for Indians but USCIS has spoiled it by estimating that ROW (the rest of the world) is going to use all the numbers. . Great analysis . 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. Within EB2, allocated visas are split into the following buckets (as per I-485 Inventory Data): Yup. Do not send other forms, documents, or evidence to this address. MY GOD, WHY IS THIS SO HARD TO UNDERSTAND??? 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