Its disappointing to see that those gained experience and promoted to manager roles in US can only be ported from EB3 to EB2, but those gained similar experience outside US can directly apply for EB1. EB2 India Green Card Prediction for Jan 2023 Bulletin and beyond. Please submit your thread . 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. Q. How does retrogression of the Final Action Dates affect eligibility for exemption from the 6-year limit on H-1B status? A. March 2023 Visa Bulletin: Overview and Predictions. H-1B Visas They are all EB1-C geniuses who use a loophole in the system and come in as functional managers whatever that might be. How many Visa did EB3 India get from EB2 Spill Over? These visa bulletin predictions are estimates based on recent movement in the family-based categories and should not be relied upon as legal advice. 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. Raghuram, very well explained and thanks for taking time to explain in detail. 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. Check what do they have to say. 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. 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. In the EB-3 Other category, there is no change for Mexico, India, Philippines, Central America and the rest of the world. | Green Card Calculator: You can use GC calculator to estimate when your priority date may become current. 15 18 yrs to get an EAD and another 2-3 yrs for the GC. A legal declaration was issued on September 6, 2022 by Andrew Parker (USCIS) who specializes in EB adjustment of status cases and who coordinates with the U.S. Department of State (DOS). 2023 AM22Tech| Total Issued for EB3 India = 6,608 Nurses Slow movement in EB2 is expected until May 23. (Added 10/26/2022). 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. The pre-covid speed of the visa bulletin is back sooner than estimated. Q. USCIS will use this chart when more immigrant visas are available than applicants. Thank you for detailed information. However, if the limit has passed, you may see the date retrogress or move backward from your priority date. Once a visa number can be allocated, USCIS will resume the processing of the application. A. From what we can tell by looking at green card statistics and spillover numbers, it appears that EB3 may not make any significant movement until FY 2023. China remains on September 1, 2018, and India remains on August 1, 2012. This will give you a Green card immediately as there is neither any yearly limit nor any priority date waiting for immediate relatives of US citizens. 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? For more information about when a visa is considered available for CSPA purposes as well as other details about CSPA, please seeVolume 7, Part A, Chapter 7 of the USCIS Policy Manual. Mexico stayed on June 15, 2001, and the Philippines remained on November 8, 2003. (Added 10/26/2022). https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf You can watch the Q&A from June 2018 event and Full Session from Oct 2018. Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a If you are contemplating interfilinga process that allows AOS applicants to change their preference categorydont hesitate to contact VisaNation Law Group. Review our. Decades of Immigration Experience Working for You. South Korea uses fewer EB1 numbers. Hi Ash Prab, 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. What say? Under INA 214(g)(4), the period of authorized admission as an H-1B nonimmigrant may not exceed 6 years. However, there are certain exemptions to this limitation, including the exemption established by Congress in section 104(c) of the American Competitiveness in the Twenty-First Century Act (PDF) and codified in regulation in 8 CFR 214.2(h)(13)(iii)(E). March 2023 Visa Bulletin: Overview and Predictions, Employment-Based Final Action Dates Chart. 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. (Added 10/26/2022). *The numbers in the brackets designate the amount of movement in the filing date for that particular category compared to the previous month. Total Issued for EB3 South Korea = 3,290 Also, this EB1-C scam is IMPOSSIBLE not to notice if you are currently living in the United States. Nothing on this website or associated pages, documents, comments, answers, e-mail, articles or other communications should be taken as legal advice for any individual case or situation. 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. Again, I dont know only 34,938 was issued when available, numbers is 40,040 for FY 2017. A. PO Box 660834 Why must applicants request to transfer the underlying basis of their pending Form I-485? No. How is the employment-based annual limit distributed between the categories? L-1 Visas China No Movement Dont ask me why 41,827 Visas were issued for EB1. Law who has testified as an expert witness before the US Senate Immigration Subcommittee. 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. 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. A. USCIS may only adjust the status of a noncitizen to lawful permanent residence under INA 245(a) if the noncitizen demonstrates that they are admissible to the United States for permanent residence. The statutory language relating to both adjustment of status and the health-related grounds of inadmissibility require USCIS to apply those grounds of inadmissibility to all adjustment of status applicants regardless of the number of years they have already lived in the United States in other statuses (with a limited exception for immunizations for certain adopted children 10 years of age or younger). Its time to introduce one more Statistics here for EB2 India. Zoom Consultations Available! 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. The principal applicant may cross-charge to the derivative spouses country, and the derivative spouse may cross-charge to the principals country. 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). There are no per-country limits for immediate relatives of U.S. citizens. This could delay the adjudicationof adjustment of status applications while Forms I-693 are matched up to adjustment applications. The Philippines remained on March 1, 2012. looking forward for more. What categories benefit from the estimated 57,000 unused family-sponsored visa numbers added to the employment-based annual limit? The State Department has issued the March Visa Bulletin. Mexico moves to April 1, 2001. Can you estimate family-sponsored or employment-based immigrant visa use by USCIS and DOS during FY 2022? Q. For more information about derivative applicants and accompanying or following to join, please see Volume 7, Part A, Chapter 6 of the USCIS Policy Manual. 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. But if the green cards for family based . In other words, the principal applicant or derivative spouse may never use their childs country of birth for cross-chargeability. Mainland China advances to July 1, 2014. 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. 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. (Added 11/17/2022). (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. Therefore, any unused family-based visas get added to the EB categories. 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? What if dependent family members are not approved before priority dates move back? How to estimate the Green Card Wait Times using I485 Inventory Data? Q. Eligibility You filed a Form I-485 before February 1, 2021, in EB2 or EB3. Congress created a system in which DOS must regularly adjust the population of noncitizens who can potentially be issued visas (set by the Final Action Dates) in order to create sufficient demand for such visas (allowing the agencies the best chance to use all of the visas) while also restricting the issuance of such visas (to ensure that visa issuance remains within the limits established by Congress). If I did not file a Form I-693 with my pending Form I-485, should I send one in now or wait for USCIS to request it, and why? 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. We are dedicated to ensuring we use as many availableemployment-based visasas possible in FY 2023, which ends on Sept. 30, 2023. Mainland China remains on August 1, 2018, while India remains at June 15, 2012. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. As attractive as porting might seem, it is a delicate process with particular requirements. 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. Under INA 201(d)(2), the unused family-sponsored visa numbers from the previous fiscal year are added to the overall employment-based limit. Whenever possible, USCIS applies cross-chargeability to preserve family unity and allow family members to immigrate together. 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. (Added 10/26/2022). If we deem approvable a Form I-485 of a derivative family member and a visa number is not available based on the Final Action Dates chart in the Visa Bulletin at the time we make that determination, the application will remain pending until a visa number is available, DOS allocates a visa, and USCIS completes the adjudication. (Added 10/26/2022). Possible Spillover From Family-Based Green Cards. So far, I havent see any time your app predicted, its not your app fault, but USICS methods. Check back at a later point. This could make 2018 current for EB2/eb3 and they should be able to file for EAD. Please note that when INA 203(d) states that a derivative family member shallbe entitled to the same status, and the same order of considerationif accompanying or following to join the principal applicant, it means that a derivative has the same priority date (order of consideration) and same immigrant visa category as the principal applicant. Jobs & Visas My Account. In the EB-4 category, we see some retrogression. Please check this blog and update yours so more people are educated . These visa bulletin predictions are estimates based on recent movement in the employment-based categories and should not be relied upon as legal advice. Here's Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. click here: https://www.mygcvisa.com/visa/. The Dates for Filing chart determines when an applicant can file an I-485. October 2022 Visa Bulletin Predictions. If they go by actual i140 numbers, the app prediction will probably be a lot closer to reality. The decision to grant a transfer request is made in the discretion of USCIS. Predictions for 2022-23 Assuming that there is a 50k spillover in Oct 2022 bulletin and then USCIS wastage in 2022 is less than 5% or near zero (best case), we estimate these dates to be possible in the next 12 bulletins. It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. Great analysis . No, USCIS granting an applicants transfer of underlying basis request does not mean that an immigrant visa has been allocated to the applicant. 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. Total Available with Spill Over from EB2 = 40,040 + 0 = 40,040 One of the most significant parts of getting a green card in the U.S. is waiting for your priority date to be current. 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