Q. 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. USCIS i485 approvals up to Mar 31, 2021 You can see this official USCIS 2021 second-quarter data here. EB 2 India, PD March 2011. Border Wait Times, Immigration Courts Religious I have EB1A PD March 2017 India- what would timelines look for me? One-Year Rule, 2002 PresentEB CategoriesEB VideoFamily CategoriesTips for FB Cases CSPA. Philippines uses fewer EB1 and EB2 as well. USCIS posts which charts may be used on its Adjustment of Status Filing Charts from the Visa Bulletin. In the F-1 category, China, India, and all other countries of chargeability remain at August 8, 2016. Current Step: If your priority date is not current, then you can calculate when it may become current, check your case status, case processing time, 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. Videos If a category/country is Current in the Visa Bulletin, does that mean that there must be little or no inventory of pending applications with USCIS and DOS for that category/country? Get a grip and fight for equality not for preferential treatment, that is what anti immigrants are doing. When estimating how many pending or newly filed applications are likely to result in visa use during a fiscal year, the agencies consider a variety of factors, including but not limited to: When the amount of demand for a particular category (or a country within a category) exceeds the supply of visa numbers available, the category/country is considered oversubscribed and DOS applies a cut-off date in the Final Action Dates chart to ensure that visa use remains within the quarterly and annual limits, as well as the category and per-country limits and order of consideration, as established by Congress. Here are the March 2023 Visa Bulletin Final Action dates for employment-based immigrant visas. People with i485 pending in both EB3 and EB2 will benefit. USCIS does not notify the applicant when it grants a transfer request. India EB2 to EB3 downgrades are possible. As a result, not all EB-5 visas that are not required in that category can be made available in EB-1. See 8 CFR 245.1(g)(1). EDUCATING MORE EB2 Indians and USCIS folks, especially Mr. Oppenheirmer will ensure these quasi-legal Indians gets deported back to India promptly and the companies booked and fined! 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. Q. No. 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. Why must applicants request to transfer the underlying basis of their pending Form I-485? H-1B Visas Your email address will not be published. Mexico retrogresses to August 1, 2020 and India to March 1, 2021. U.S. In EB-2, we see Mexico, the Philippines, Central America, and the rest of the world remain on December 1, 2022. Q. What is my path forward to a Green Card? TN Visas. *The numbers in the brackets designate the amount of movement in the filing date for that particular category compared to the previous month. they suck up all the EB1 and there is nothing left-over for EB2 and THAT IS WHY EB2 India gets the bare minimum of 2800 something visas each year and has stopped moving! Great news for applicants waiting on Green Card backlog in the October Visa Bulletin 2018 from the Filing Chart Date. When Will the September 2022 Visa Bulletin Be Released? and get total less than 3K. I have one question though. Total Issued for EB3 Overall = 34,938. Yes. (Updated 10/26/2022). A .gov website belongs to an official government organization in the United States. 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. If you have already filed your i485 but have not submitted the medicals, we strongly recommend. If green cards are unavailable, you will not see any movement from that final action date. Green Card applicants in EB3, would have gained enough experience and become eligible for EB2. When the demand for visas is higher than estimated and/or the availability of visas is lower than estimated, this may require retrogression of a Final Action Date in order to ensure that visa use remains within the limits established by Congress and that visas within a particular queue (based on category and country of chargeability) are generally allocated to those with the earliest priority dates as possible. 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. Based on recent trends for past few months, I thought EB3 will move faster. 2022 Panini Draft Picks Thunder Struck Card of Dylan Lesko - Padres HOT. Your next question should be based on the I-485 Inventory Data. Multiple sources are reporting that there could be some spillover from the family-based green card category to the . With five different preference levels and seven chargeability areas, USCIS issues employment-based category visas through your job or occupation. This articles needs to mention this USCIS practice. The Final Action Dates Chart shows no change since the last Visa Bulletin. Check what do they have to say. Q. Courts 800# If you received this notice as a result of the automatic update, your case will continue to be processed per standard procedures. EB-1 Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. 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. 2501 S. State Hwy. For the family and employment preference categories, the law imposes a limit on how many immigrants from any particular country can receive green cards in a given year. EB4 is for Religious Workers and EB5 is for Immigration through Investment (1 Million Dollars or $500,000 in certain areas). You have probably heard about EB5 for H1B Visa. If you have already submitted a transfer request to a USCIS office, you should not submit a new request. 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. Note: Priority dates are not relevant for immediate relatives of U.S. Citizens (e.g., spouses or minor children) as that category is always current. 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. When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? InfoPass These visa bulletin predictions are estimates based on recent movement in the employment-based categories and should not be relied upon as legal advice. Under INA 203(b), visas not required in EB-4 and unreserved visas not required in EB-5 are made available in EB-1. So, USCIS would know in advance how many applicants would file for I-485. Q. Youll notice there are two charts for each category. Parents may not cross-charge to a childs country. 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. Q. What is cross-chargeability and how does USCIS apply it? 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. How many Visa did EB3 India get from EB2 Spill Over? 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. There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. A. We promise not to spam you. Lets apply this theory with Real Data for FY 2017 Green Allocations by Country and Category. The Departmentof State can technically give all the availableEB Visa on the First Day of Fiscal Year (Oct 1) or Release the visa numbers as requested by USCIS every month or every quarter. Total Available with Spill Over from EB2 = 40,040 + 0 = 40,040 Remember that your priority date does not move, and you cannot change it except under certain circumstances. Your app cant predict the dates accurately, because USICS always acts in a different way. 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. In addition, China remained on June 8, 2019, while India was on October 8, 2011. Reports on Judges Required fields are marked *. Finally, in the EB-5 unreserved category, Mexico, the Philippines, Central America, and the rest of the world are current. BIA, Political Q. (Added 10/26/2022). Will EB2 India reach Dec 2014 by Sep 2023 bulletin? U.S. Immigration law allows foreign nationals to obtain Green Card (aka Permenant Residency in the USA) through Employment. Do you need help with your immigration case? He is a Certified Specialist in Immigration Q. Refer to the Green Card Guide for additional details on how to calculate the waiting time. As attractive as porting might seem, it is a delicate process with particular requirements. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. This page was not helpful because the content: Green Card for Employment-Based Immigrants, Green Card for Family Preference Immigrants, Green Card for an Immediate Relative of a U.S. Citizen, Adjustment of Status Filing Charts from the Visa Bulletin, While Your Green Card Application Is Pending with USCIS, International Travel as a Permanent Resident, Rights and Responsibilities of a Permanent Resident, quarterly Legal Immigration and Adjustment of Status, section 104(c) of the American Competitiveness in the Twenty-First Century Act (PDF), Volume 7, Part E, Chapter 5 of the USCIS Policy Manual, The Operation of the Immigrant Numerical Control System (PDF), USCIS Policy Manual, Volume 7, Part A, Chapter 6, Volume 7, Part A, Chapter 7 of the USCIS Policy Manual, Volume 7, Part A, Chapter 6 of the USCIS Policy Manual, Volume 7, Part A, Chapter 8 of the USCIS Policy Manual. Q. firm specializing exclusively in US immigration law. 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. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Can you guess how many EB3 Visa was issued in India for FY 2017? For example, if I applied for adjustment of status based on an EB-3 petition and USCIS granted my transfer request to an EB-2 petition, will USCIS consider my eligibility on either petition? If green cards are still available, the final action date will likely move closer to your priority date. In the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world is current. If you have a pending petition, that does not prevent us from granting a request to transfer the underlying basis of your pending Form I-485 to a different Form I-140. USCIS will use this chart when more immigrant visas are available than applicants. Now you have an idea about how Employment Based (EB) Green Card Category Spill Over Works. The decision to grant a transfer request is made in the discretion of USCIS. Thequarterly reportsdo not include the visas issued by our partners at DOS, and they include 4th preference employment-based categories under other. Thequarterly Legal Immigration and Adjustment of Statusreports published by the DHS Office of Immigration Statistics include adjustments of status but capture immigrant admissions at ports of entry rather than immigrant visa issuance by DOS, and as a result do not reflect year-to-date visa use. A. Hi Ash Prab, 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. Your next question How do I calculate the Wait Times for my Green Card? Central America remains at April 15, 2018. You see so many, recently arrived cocky Indian families who are so completely disconnected from American culture. Appreciate your input. Congress explicitly directs DOS to make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within [the family-sponsored, employment-based and diversity categories] and to rely upon such estimates in authorizing the issuance of visas. See INA 203(g). So, overall, EB2 gets a big chunk. (Updated 10/26/2022). Once the final action date in your green card preference level and chargeability area reaches your priority date, your priority date will be considered current. Ok. The wait for U.S. citizens to sponsor their brothers and sisters is more than 15 years for most parts of the world, but is 20 years for siblings from the Philippines and more than 22 years for those from Mexico. Why my priority dates are not moving? This app uses publicly available i140 data from USCIS and then mimics the per-month visa allocation based on various factors. 2023 VisaNation, Inc. All Rights Reserved. Disclaimer: In order to estimate dates, this Site uses the Visa Bulletin data from previous fiscal years and the current fiscal year, and make calculations about possible future dates. 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. 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. 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. Our experience in the past year with all our H1B renewals has been amazing, and weve obtained great results., - KRG Technologies, Valencia, California Read More Reviews, F-2A Spouses & Minor, Unmarried Sons & Daughters of LPRs, Mexico No Movement For EB-5, all countries are current apart from China (July 8, 2015) and India (June 1, 2018). Your current employer with an approved I-140 (from EB-2) with a priority date that is current in EB-3, can downgrade your case . For legal advice, consult an experienced immigration attorney. EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. This green card prediction tool is free to use. A. DOS currently estimates that the FY 2023 employment-based annual limit will be approximately 197,000, due to approximately 57,000 unused family-sponsored visa numbers from FY 2022 being added to the employment-based limit for FY 2023. Will 60k new Family to Employment Spillover Help EB2 India? Attn: Supp J (Box 660834) If you are contemplating interfilinga process that allows AOS applicants to change their preference categorydont hesitate to contact VisaNation Law Group. My question is what happens to unused EB3 numbers? 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. Issued by our partners at DOS, and the rest of the world are.. Know in advance how many applicants would file for I-485 ( formerly SGM law PLLC..., plus any numbers not required in EB-4 and unreserved visas not required in that can! Are not required in that category can be made available in EB-1 of world. ( aka Permenant Residency in the USA ) through Employment Filing date that... To obtain Green Card prediction tool is free to use be some spillover from Family GCs with... For additional details on how to calculate the waiting time see so,! I calculate the Wait Times, Immigration Courts Religious I have EB1A March. For preferential treatment, that is what happens to unused EB3 numbers Green cards are,! 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