Both EB2 and EB3 India will take several years. 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. This has been stated numerous times by Charlie Oppenheim, who is the head of the 'Visa Office' that makes the decision about the Visa Bulletin (you can listen to him talking about the family . This green card prediction tool is free to use. Central America remains at April 15, 2018. And you also have an option to go to Canada via Express Entry. When is a derivative childs applicant age locked under the Child Status Protection Act, and how is that age calculated? In the EB-4 category, we see some retrogression. Q. A. Q. (Added 10/26/2022). 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. Your Form I-485 is based on an employment-based immigrant visa (but not an EB5 visa). If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. This is misleading because you dont port your green card. Besides, whats the point in paying all the social security taxes for a decade without any benefits ??? There are three different Categories within Employment Based Green Card EB1, EB2, EB3. Prediction for Oct 2023 . EB2 India may still not see much movement as it has a high number of people already waiting in line. More Options: If you are new to immigration process or would like to see what other immigration options are available, please A. green card spillover 2022 predictions. EB-1 Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. But this data is only from NVC . Ok. | USCIS cannot create a waiver or exemption from the health-related grounds of inadmissibility where Congress has not done so. Total Issued for EB3 China = 2,348 So, overall, EB2 gets a big chunk. Watch this thread Start a new . 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. 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. Zoom Consultations Available! Under INA 203(b), Congress divides the overall employment-based annual limit between the five employment-based categories based on fixed percentages. Thank you Raghu, please add your analysis based on 2018 Vs 2019 November data published by USCIS links below: 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. With five different preference levels and seven chargeability areas, USCIS issues employment-based category visas through your job or occupation. EB 2 India, PD March 2011. 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. Before looking at deeper data within EB2, let me finish the math for EB3 for FY 2017. Appreciate your input. What if dependent family members are not approved before priority dates move back? Please see April 2023 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Total Issued for EB3 Overall = 34,938. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. EADs, OPT All countries in F-2A are current. Q. Here are the March 2023 Visa Bulletin Final Action dates for employment-based immigrant visas. The companion bill HR 1044 in the U.S. House passed by 365 65. However, within each employment-based category, the visas are still distributed with the per-country limits in effect, unless the exception to the per country limits of INA 202(a)(5) applies within that category. Number use and demand has been higher than anticipated at the start of this fiscal year, so further retrogression has become necessary. EB3-to-EB2 porting is minimal now as most of the folks that were backlogged for years in EB3 have gotten their GCs. 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. A. 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. 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. They have an older approved petition in a different preference category where a visa is available to them. You read it right. any chance for aug 2011 EB3 to become current or atleast get EAD in a year or so? It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. 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. When a visa becomes available to you in the future based on the Final Action Date for your country and category as compared to your priority date, USCIS will be able to approve your adjustment of status application if you are admissible, merit a favorable exercise of discretion, and are otherwise eligible. The Final Action Dates chart determines when an I-485 or IV can be approved, while the Dates for Filing Chart determines when an applicant can file an I-485. For more information, please see the USCIS Policy Manual, Volume 7, Part A, Chapter 6. Once a visa number can be allocated, USCIS will resume the processing of the application. (Added 10/26/2022). 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. They are also estimating that EB1 India will also get a restricted date starting Jan 2023 bulletin. I-864 A. You can estimate your own green card date based on the same AI algorithm which we use for predicting visa bulletins. 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 these are empty Who is this question for. Under INA 203(b), visas not required in EB-4 and unreserved visas not required in EB-5 are made available in EB-1. A. Terms of Service Slow movement in EB2 is expected until May 23. Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. You show a good explanation of the spillover but you missed the elephant in the room buddy! Q. So, EB1 will move at a slow pace (as per avail cap numbers). Any clue? As per this figure, the number of EB2 Visa issued for Indian Nationals came down drastically from FY 2014. Why is such a big difference. Why did China only get 2,348 while South Korea got 3,290 and Philippines got 6,492? Theres ROW EB3 to EB2 India spillover. How does retrogression of the Final Action Dates affect eligibility for exemption from the 6-year limit on H-1B status? Work Visas Q. STEM OPT Heres Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. Your priority date should be before this date. 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. http://geni.us/GreenCardWebinar. The Department of State (DOS) typically reports the annual numerical limit as part of the September Visa Bulletin each fiscal year. 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. Q. For the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world are current. A. Retrogression has no effect on lawful permanent residents. 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. 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? spillover sharing details within EB categories in a really simple way, NABC (non-availability of birth certificate) to file the i-485 application, remove country-based GC limits with a law like S386, neither any yearly limit nor any priority date waiting for immediate relatives of US citizens. . South Korea uses fewer EB1 numbers. 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. EB-3 Other for China advances to July 1, 2014. Possible Spillover From Family-Based Green Cards. 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. USCIS/NVC Timeframe: Please click here to see how long it currently takes to process application. J Visas/Waivers We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023. and get total less than 3K. We offer Zoom and telephonic consultations. You start talking about EB3, EB2 and never moving Priority Date. For more information about cross-chargeability, please see the Allocation of Visa Numbers section on this page. Lets apply this theory with Real Data for FY 2017 Green Allocations by Country and Category. 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. Attn: Supp J (Box 660834) 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.. 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? 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.. EB3 may only reach end of 2013. Great analysis . Congress has established statutory provisions that allow for the flow of visas not required in certain employment-based categories to be made available to applicants in other employment-based categories. USCIS will use this chart when more immigrant visas are available than applicants. (Added 10/26/2022). Q. 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. (YYYY-MM-DD): Pending I-485 Cases Ahead of You: Pending CP Cases Ahead of You: Your Overall Place in Line for Green Card: 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). green card spillover 2022 predictions. Please submit your thread . I have read your article multiple times and each time I have got a better understanding of the process. How does a transfer of underlying basis request affect the calculation of a childs age under the Child Status Protection Act (CSPA)? My PD is Sep29, 2009 India in EB2, any chances of me getting Green this year. The State Department Visa Bulletin February 2023 shows backlogs in getting green cards in both the family and the employment-based categories. How to estimate the Green Card Wait Times using I485 Inventory Data? . Then we can take a deeper dive within EB2 and EB3 and how Fall-Side works within Each Employment Based Preference Category. Mexico stayed on June 15, 2001, and the Philippines remained on November 8, 2003. The tool can also be used by consular processing applicants to get . You can even search around on Google to find How EB Spill Over works. My PD is 2012 feb for eb3 category. Thank you for detailed information. Hi It happened this year (Oct 2020) as well, with EB priority dates, especially for There is a spillover clause from EB to FB category as well but it is more complicated and rarely result in spillovers. Reports on Judges Please see August 2023 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. As a result, the noncitizen could not adjust status based on that petition. The unused EB1 (out of 2803) for South Korea spilled over to EB2 for South Korea and then to EB3 for South Korea. The Philippines stayed on October 1, 2013. Theres no detailed analysis like this one. 2023 VisaNation, Inc. All Rights Reserved. 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. EB3 India getting spill over from EB3 ROW (about 3,500) and get total more than 6K. 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. PTs, OTs, etc. Question from EB5 Visa Newbie Can an EB5 Investor invest in any EB5 Visa Projects? The Field Operations Directorate will adjudicate the adjustment of status applications. Slow movement in EB2 is expected until May 23. So, if there is less wastage overall, the EB2 will win in the long run. Multiple sources are reporting that there could be some spillover from the family-based green card category to the . There are no per-country limits for immediate relatives of U.S. citizens. EB3 has a very low chance of getting any spillover as it only gets it from EB2. Mexico moves to April 1, 2001. This situation will be continually monitored, and any necessary adjustments will be made accordingly.. COVID OP. But if the green cards for family based . Employment-Based firm specializing exclusively in US immigration law. In the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world is current. Mexico remained on August 1, 2000. A. Therefore, any unused family-based visas get added to the EB categories. All countries in EB-1 are current apart from China and India, which remain at February 1, 2022, as of this bulletin. Chinas wait-time is like 14 years and India is around 8 years. Good details. Share sensitive information only on official, secure websites. (Added 10/26/2022). Q. Numbers of years vary (from 10 to 70 years). Here's Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. (Added 10/26/2022). My EB2 Priority date is June 2011.When can I expect EAD (DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS) and Greencard (FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES).Appreciate your help and based on this I will look another job or move from USA. Like this thread 0 0. 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. However, if the limit has passed, you may see the date retrogress or move backward from your priority date. If USCIS has granted my transfer of underlying basis request, does it mean that an immigrant visa has been allocated to me? Refer to the Green Card Guide for additional details on how to calculate the waiting time. Please click the Schedule Consultation link above. Check what do they have to say. Good question and a typical question from a potential investor who is just learning about the EB5 Visa process and investment requirements. CSPA From Annual Numerical Limits FY 2018 Data. EB-5 (Unreserved including C5, T5, I5, R5). Another reason Theres EB3 to EB2 porting. (Added 10/26/2022). Carl Excellent analysis. All countries in EB-1 are current except for China and India, which are on June 1, 2022. Keep this date handy since you will need it to compare to the dates in this bulletin. October 2022 Visa Bulletin Predictions. USCIS has only approved 17,896 Green cards between 1 Jan 2021 to 31 Mar 2021. http://geni.us/EBGreenCardProcess. Enter your country of birth and employment-based GC category. 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 you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. A category can be Current in the Visa Bulletin even when there are tens of thousands of applications pending with the agencies. EB1 ROW has PD (Feb 2020 VB is DE 1, 2018), so there will be no spillover coming to EB1 India until that clears. Thanks to my friend whos been keeping track of these EB-2 India numbers for these years. The decision to grant a transfer request is made in the discretion of USCIS. 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