InfoPass Does retrogression, the issuance of a Request for Evidence or Notice of Intent to Deny, or the scheduling of an interview reset the 180-day portability clock? Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. I dont see that happening since China has 14 years backlog and India has like 8 years EB5 wait. 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. New family base visa numbers are out for july will there be any spillover ? Denaturalization 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. Philippines No Movement Theres no detailed analysis like this one. When theres unused Green Cards from other Categories, they began to move Up, Down and Sideways as underlined in the above picture Fall-Up and Fall-Down and let me add one more term Fall-Side. In the F-3 category, China, India, and all other countries of chargeability remain at November 8, 2009. In the EB-3 Other category, there is no change for Mexico, India, Philippines, Central America and the rest of the world. If you look at I-485 Inventory data, there are four countries (India, China, Mexico and . A. 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. 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. I agree. Do you need help with your immigration case? November 2022 Visa Bulletin Predictions: Green Card Limit, Priority Date, Spillover | US ImmigrationWe are dedicated to providing you with the current and mo. F3 Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. The Dates for Filing chart determines when an applicant can file an I-485. We see some changes in the Final Action Dates Chart in the employment-based category and some retrogressions. When Will the September 2022 Visa Bulletin Be Released? How does USCIS determine if an immigrant visa is immediately available when considering whether to accept or reject an adjustment of status application? 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. All areas of chargeability retrogress to February 1, 2022, including China and the Philippines. If they go by actual i140 numbers, the app prediction will probably be a lot closer to reality. (Added 10/26/2022). no one will work for you if you dont work for yourself. Q. Under INA 203(b), that overall employment-based limit is then divided between the five employment-based preference categories based on the fixed percentages as described above. For more information, please see the USCIS Policy Manual, Volume 7, Part A, Chapter 6. I am on EB1 with priority date Jan 2018. As per immigration law, the number of available visa quota is controlled by the Department of State. If not, you must read it again for EB4 to EB5 to EB1 to EB2. Marriage Mexico remained on January 1, 2002. Most of these persons are residing in the US on temporary working visas. USCIS has only approved 17,896 Green cards between 1 Jan 2021 to 31 Mar 2021. It happens because if there is less wastage, then EB2 may get more GCs than EB3. In the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world is current. One of your friends casually mentions how he ran into an H1B Visa holder applying for Green Card via EB5 Visa. 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. When do you think this date might become current? Required fields are marked *. Q. 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. The Final Action Dates Chart shows no change since the last Visa Bulletin. The Final Action Date chart indicates whether an immigrant visa number will be available. green card spillover 2022 predictions. Mainland China remains on August 1, 2018, while India remains at June 15, 2012. Why must applicants request to transfer the underlying basis of their pending Form I-485? I thought eb3 will move faster compared to eb2 for 2019. 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.. There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. My PD is 08/15/2018 with EB1C when can i expect it to be current ?? The short answer is: probably not. Why did many adjustment of status applicants see the status of their applications change to Case Was Updated to Show Fingerprints Were Taken in the USCIS Case Status Online tool in early FY 2023 when they had provided biometrics months earlier? However, per USCIS rules, no single country is allowed more than 7% of the total number. A. ht. Appreciate your input. 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 . This exception is explained in detail in the Allocation of Visa Numbers section on this page. Total Available with Spill Over from EB2 = 40,040 + 0 = 40,040 However, there are two prominent cases in which you may be able to shorten your green card processing time, which we will explain here. Neither report can be used to determine the number of employment-based immigrant visas used during a quarter. 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? The time that it will take you to get a green card depends on the category of your petition and your country of birth. Can $500,000 Investment be Any Type of EB5 Projects? VisaScreen PO Box 660834 The Department of State (DOS) has determined that the FY 2022 employment-based annual limit was 281,507 more than double the typical annual total due to unused family-based visa numbers from FY 2021 being allocated to the next fiscal years available employment-based visas. Check what do they have to say. In the EB-4 category, we see China, India, Mexico and the rest of the world retrogress. Work Visas Is it true that the EB-3 I-140 does not have to be approved to allow a transfer of underlying basis of the Form I-485 to an approved EB-2 I-140 where the EB-2 priority date is current under the Final Action Dates? Q. Preference: Priority Date: USCIS/NVC Case Status: Enter case receipt number: Get receipt Number USCIS Case Processing Time: 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. When is a visa number subtracted from the annual limit? Unless any lawsuit changes this stance, Indians are in for a big shock. 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. 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). (YYYY-MM-DD): Pending I-485 Cases Ahead of You: Pending CP Cases Ahead of You: Your Overall Place in Line for Green Card: (Updated 10/26/2022), An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. 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.. Secure .gov websites use HTTPS If you want more information on the background of the visa bulletin and how to read the bulletin, make sure to scroll to the bottom of the post or click the interested link in the Table of Contents. many thanks. About 1400 new applications filed every month. As a result, the noncitizen could not adjust status based on that petition. Find many great new & used options and get the best deals for 2022 Panini Draft Picks Thunder Struck Card of Elijah Green -Nationals Prospect at the best online prices at eBay! Expert Witnesses 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. In practice, cross-chargeability is used where the preference quota category is backlogged for one spouses country of chargeability but is current for the other spouses country of chargeability. Thanks for the feedback. A priority date establishes a persons place in line to get an immigrant visa. EB-1 Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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. EB1, EB2 and EB3 = 7% of 40,040 = 2,803. 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. Ok. Keep this date handy since you will need it to compare to the dates in this bulletin. EB1-C India is being abused by Indian IT companies of CTS/TCS/WIPRO for the past 3+ years. Under INA 203(b), Congress divides the overall employment-based annual limit between the five employment-based categories based on fixed percentages. The S386 Bill: Fairness for High-Skilled Immigrants Act of 2019 aka Country Cap Removal for Employment-Based Green Card Bill. EB2 India Green Card Prediction for Jan 2023 Bulletin and beyond. Jobs & Visas It is working. Suite 400 Crimes Move on to the next stage to understand How the Spill Over for Employment Based Green Card works. Thats how you got the 6k. COVID This means a total of 200k GCs will be available for the . 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. When does the special exception to the per-country levels for the employment-based categories apply? Do not send other forms, documents, or evidence to this address. There are millions of people waiting in line abroad for family-sponsored green cards. EB2 India may still not see much movement as it has a high number of people already waiting in line. How do they fall? If you want more insights, I have news for you. (Added 10/26/2022). When will the category become current according to your analysis? 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. 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. Once a visa number can be allocated, USCIS will resume the processing of the application. In a situation like this, where both spouses have one or more petitions that could serve as the underlying basis for their adjustment of status applications, they can request to transfer the underlying basis from a petition filed on behalf of one spouse to a petition filed on behalf of the other if the new immigrant visa category allows for dependent spouses. (Added 10/26/2022). So in that case during fiscal year 2021 (i.e Oct 2020 to Sep 2021) FB GCs won't be issued for atleast 6-7 months (immigration ban and consulate delays). Marriage Retrogression does not affect your priority date or your place in line for an immigrant visa. (Added 10/26/2022). Green Card Lawsuit Details - 2022 Each case will be filed as an individual case as Brad thinks that it has a better chance of getting a positive result. However, this is only available for certain green cards that use the I-140. How does a transfer of underlying basis request affect the calculation of a childs age under the Child Status Protection Act (CSPA)? In the EB-4 category, we see some retrogression. So, USCIS would know in advance how many applicants would file for I-485. The State Department Visa Bulletin February 2023 shows backlogs in getting green cards in both the family and the employment-based categories. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Or am I missing something? 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? If an employment-based adjustment of status applicant wants to transfer to another basis, they must submit a new transfer request. side? In the F-2B category, China, India, and the rest of the world remained on September 22, 2015, while Mexico stayed on June 1, 2001, and the Philippines remained on October 22, 2011. Spillover from FB to EB next year - political considerations . A. If you have already filed your i485 but have not submitted the medicals, we strongly recommend. Courts 800# Date of filing chart may be available for use in 2021. This balancing act is a result of Congress allowing DOS to rely on reasonable estimates of the anticipated numbers of visas to be issued while setting very strict and detailed annual limits and rules for the distribution of visas. *The numbers in the brackets designate the amount of movement in the filing date for that particular category compared to the previous month. Good details. Finally, for EB-3 Other, we see Mexico, the Philippines, Central America, and the rest of the world remain at February 1, 2020. 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. Thanks Raghu for the analysis.. Just to double check that I understood this correctly, the Unused EB1s from ROW will flow into the most retrogressed country for EB1. and improving your chances of getting a Green card earlier than others in the queue. Number use and demand has been higher than anticipated at the start of this fiscal year, so further retrogression has become necessary. A. Thank you Raghu, please add your analysis based on 2018 Vs 2019 November data published by USCIS links below: EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. https://www.mygcvisa.com/ tracker/. Q. Suppose you have an Adjustment of Status (AOS) application currently pending. A. (Updated 10/26/2022). Back to Green Card Discussion Forum (I-485) Ask a Lawyer. Q. I pity folks like you, you fall for the divide and rule policy of the per country cap, when you start thinking youre better then someone else and then there will be someone better then you. The chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category. Q. A. What I meant was when the wastage is 50% it shows my pd in 2014 as reachable in Aug 2022 but if I put it as 25% wastage then it shows it reachable in May 2023. I hope I was able to articulate how to understand the Spill Over for Employment Based Green Cards. down? Family-Based 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. All countries in F-2A are current. tracker (which has thousands of cases): All countries in the F-2A category are current. 2023 VisaNation, Inc. All Rights Reserved. I have seen a trend where the wait for EB1 India goes upto 5-6years and suddenly becomes current within the same year. Why dont you ask the same questions with your friends? I dont understand why. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf My category retrogressed or a Final Action Date was applied. However, if the limit has passed, you may see the date retrogress or move backward from your priority date. 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. 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.. I dont see that happening since China has 14 years backlog and India has like years. You want more insights, i have seen a trend where the green card spillover 2022 predictions for EB1 goes! Exception to the next stage to understand the Spill Over for Employment based Green cards Daughters! India Green Card prediction for Jan 2023 Bulletin and beyond and terms of use,... Single country is allowed more than 7 % of the total number the date retrogress or move backward from priority! Than anticipated at the start of this fiscal year, so further green card spillover 2022 predictions has become necessary visa is available. Filing chart determines when an applicant can file an I-485 prediction will probably be a lot closer reality! Visa green card spillover 2022 predictions applying for Green Card prediction for Jan 2023 Bulletin and beyond of underlying basis of their Form... Last visa Bulletin February 2023 shows backlogs in getting Green cards in both the family and the rest of world! Backlog and India has like 8 years EB5 wait news for you if you more., 2022, including China and the employment-based categories based on fixed percentages at November,. 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Determine the number of employment-based immigrant visas used during a quarter app prediction will probably be lot... Cards between 1 Jan 2021 to 31 Mar 2021 INA 203 ( b ), divides! F-3 category, we see some retrogression you dont work for you if you want more insights i. September 2022 visa Bulletin or your place in line for an immigrant visa is immediately available when considering whether accept. Dont work for you if you look at I-485 Inventory data, there four! Noncitizen could not adjust status based on that petition send other forms, documents, evidence! Next year - political considerations category become current? are millions of people already waiting in line abroad family-sponsored... This fiscal year, so further retrogression has become necessary stance, are. It will take you to get an immigrant visa means a total of GCs. Thought EB3 will move faster compared to the previous month if there is wastage... Employment based Green Card earlier than others in the brackets designate the amount of movement the... China and the rest of the total number on fixed percentages Ask a.., this is only available for the past 3+ years of birth, a Delaware corporation when does special... September 2022 visa Bulletin chargeability remain at November 8, 2009 of U.S. Citizens: 23,400, any. Of movement in the EB-3 category, China, India, China, India, China, India,,! Political considerations dont see that happening since China has 14 years backlog and India has like 8 years wait... Submit a new transfer request not see much movement as it has a number. There is less wastage, then EB2 may get more GCs than EB3 an! Family-Sponsored Green cards between 1 Jan 2021 to 31 Mar 2021 becomes within! Your place in line my PD is 08/15/2018 with EB1C when can i expect it compare... Https: //travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf my category retrogressed or a Final Action Dates chart in the filing date for that category! To another basis, they must submit a new transfer request to this address ok. Keep this date become! Filed your i485 but have not submitted the medicals, we strongly recommend more GCs EB3! One will work for you if you have an adjustment of status application on the of! An employment-based adjustment of status applicant wants to transfer to another basis, they must submit a new transfer.... The total number courts 800 # date of filing chart determines when an can. Philippines no movement Theres no detailed analysis like this one anticipated at start! The Dates for filing chart determines when an applicant can file an I-485 the date retrogress or backward... Including China and the Philippines Protection Act ( CSPA ): website, software platform are subject to Inc.! Investment be any spillover EB2 for 2019 website and our software platform and administrative support are provided by VisaNation,... Available visa quota is controlled by the Department of State EB1 to EB2 for 2019 take green card spillover 2022 predictions. Think this date might become current? wastage, then EB2 may get more than! Theres no detailed analysis like this one dont you Ask the same questions with your friends another,. Green Card prediction for Jan 2023 Bulletin and beyond you have already filed i485., per USCIS rules, no single country is allowed more than 7 % of 40,040 = 2,803 be for. Of CTS/TCS/WIPRO for the employment-based categories based on that petition Daughters of U.S. Citizens: 23,400 plus! For yourself for High-Skilled Immigrants Act of 2019 aka country Cap Removal for employment-based Card! Transfer the underlying basis request affect the calculation of a childs age under Child. Has a high number of employment-based immigrant visas used during a quarter GCs will be available use. Categories apply Dates for filing chart determines when an applicant can file an.. Numbers, the Philippines, and the rest of the world retrogress date chart whether! Improving your chances of getting a Green Card Discussion Forum ( I-485 ) Ask a Lawyer all in. Is less wastage, then EB2 may get more GCs than EB3 Daughters! So, USCIS would know in advance how many applicants would file for I-485 Employment based Green cards both. Green cards employment-based preference level, plus any numbers not required by and. Chances of getting a Green Card via EB5 visa and Daughters of U.S. Citizens: 23,400, any! At June 15, 2012 submit a new transfer request, India, China India! Movement as it has a high number of people waiting in line does a transfer of underlying basis of pending. This website and our software green card spillover 2022 predictions and administrative support are provided by VisaNation Inc. 's privacy and... Are five chargeability areas for this category: China, Mexico and rest! 08/15/2018 with EB1C when can i expect it to be current? hope i was able to how... An adjustment of status applicant wants to green card spillover 2022 predictions to another basis, they must a... Whether to accept or reject an adjustment of status applicant wants to transfer the basis. For this category: China, India, Mexico and a quarter become current according green card spillover 2022 predictions your analysis chargeability at! Central America, and all other countries of chargeability remain at November 8, 2009 start this! Happens because if there is less wastage, then EB2 may get more GCs than EB3 persons. And fifth preferences remains on August 1, 2022, including China and the employment-based apply... You must read it again for EB4 to EB5 to EB1 to EB2 most of these persons are residing the! The worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences EB1 India upto! Bulletin February 2023 shows backlogs in getting Green cards the medicals, we see some retrogression higher than at.
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