Work Visas Also, my PD is Jan, 2010 under EB2. A. Noncitizens with pending adjustment of status applications should not send an unsolicitedForm I-693to us. 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. 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). In the case of theOctober 2022 Visa Bulletin, without aretrogressionof the Final Action Date for India EB-2, visa use by the two agencies would likely exceed the available visas within the first few weeks of the fiscal year, in violation of the statute. I have one question though. He is a Certified Specialist in Immigration My PD is Sep29, 2009 India in EB2, any chances of me getting Green this year. Zoom Consultations Available! (Updated 10/26/2022). In setting the first Visa Bulletin of the fiscal year each October, DOS makes reasonable estimates of the available employment-based immigrant visas in each category. 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? The number is even lower than their first-quarter i485 approvals which stood at 27,485. Great article Raghu. 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. Q. O-1 Visas Slow movement in EB2 is expected until May 23. No. USCIS doesnt know how many visas would be released by DOS. If you havent guessed the answers, heres the questions again. A. There are hundreds of thousands of people waiting employment-sponsored green cards. Glossary of EB5 Visa Terms Pay attention to Financial Terms, EB5 Visa Process for US Green Card I-526, I-485 and I-829, https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf, https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2019.pdf, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-may-2018.html, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html, Green Cards Quota Per Year via Employment = 140,000, Every few months, USCIS publishes I-485 Inventory Data, Every month Department of State publishes Visa Bulletin. (Added 10/26/2022). We require transfer requests to be in writing from the applicant to ensure that the record accurately reflects the basis on which the applicant requests us to adjudicate the adjustment of status application. 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. crossed. Central America remains at March 15, 2018. How does USCIS determine if an immigrant visa is immediately available when considering whether to accept or reject an adjustment of status application? This is misleading because you dont port your green card. 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. In other words, the principal applicant or derivative spouse may never use their childs country of birth for cross-chargeability. These visa bulletin predictions are estimates based on recent movement in the family-based categories and should not be relied upon as legal advice. H-1B Visas 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. Back to Green Card Discussion Forum (I-485) Ask a Lawyer. When Can I Get My Green Card: Get step-by-step details on when you can expect to Whats the estimated wait time? In the F-2B category, China, India, and all other countries of chargeability remain at January 1, 2017. Why does that happen? 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. 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. 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. China remained on January 1, 2016, and India on December 8, 2019. The category for family-based immigration comprises four preference levels based on who your sponsoring family member is in relation to you. DOS makes such estimates, and the Visa Bulletin reflects those reasonable estimates. However, these are estimates, and DOS working collaboratively with USCIS cannot know exactly how many individuals may ultimately apply for adjustment of status or an immigrant visa or have their applications approved. Unless any lawsuit changes this stance, Indians are in for a big shock. There are millions of people waiting in line abroad for family-sponsored green cards. I have read your article multiple times and each time I have got a better understanding of the process. Through July 31, 2022, the two agencies have combined to use 210,593 . What happens next? This could delay the adjudicationof adjustment of status applications while Forms I-693 are matched up to adjustment applications. A. You can even search around on Google to find How EB Spill Over works. ht. The State Department Visa Bulletin February 2023 shows backlogs in getting green cards in both the family and the employment-based categories. Check what do they have to say. There are no per-country limits for immediate relatives of U.S. citizens. Due to the global pandemic and limited appointments at overseas consular offices, family-based immigrant visas continue to see low usage numbers. It would be very useful to understand how USCIS is currently processing these cases in each category. (Added 10/26/2022). Tags: 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. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf. You show a good explanation of the spillover but you missed the elephant in the room buddy! These folks are in their late-30s, have 1-2 kids 2-8 years old. Mainland China remains on August 1, 2018, while India remains at June 15, 2012. was featured in the February 2018 edition of SuperLawyers Magazine. EB-2 Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference. We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023. Q. It happens as USCIS uses manual method and probably moves dates based on political and other factors that are out of control. Folks can say all EB2 folks graduated from fake universities that dont require to attend classes, all students live like they live in a ghetto. Unsubscribe at any time. Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. Any suggestions on moving to new job or staying with current? 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. Your priority date should be before this date. EB3-to-EB2 porting is minimal now as most of the folks that were backlogged for years in EB3 have gotten their GCs. If you want more insights, I have news for you. How to estimate the Priority Date movement from coming months? Marriage Please check this blog and update yours so more people are educated . 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). Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Also, USCIS officially says that thousands of i485 applications are still pending from 2010 to 2014: We are not sure if the bulk of these pending applications are duplicates since most of the people filed downgrades to EB3 and then refiled in EB2 too. All countries in EB-1 are current apart from China and India, which remain at February 1, 2022, as of this bulletin. A. USCIS makes every effort to adjudicate the principal and derivative family members at the same time, but this is not always possible. If I port down to EB3, do you think EB3 Jan 2010 will be current anytime soon. Consider a noncitizen with a pending Form I-485 who does not have an available visa based on the underlying petition. If USCIS has granted my transfer of underlying basis request, does it mean that an immigrant visa has been allocated to me? Heres Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. By the end of this article, you will have a clear understandingof how EB Spillover Rules work. In this new bulletin, we see no changes in the family-based category but some major retrogression in the employment-based Final Action chart in the EB-4 category, especially for most countries across the board (except Central America). More Options: If you are new to immigration process or would like to see what other immigration options are available, please Q. 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). mw. What has been the trend in the ROW EB1 quota consumption? I have questions about the EB3 FY 2017 Numbers: Total Available EB3 = 40,040 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. The Philippines stayed on October 1, 2013. The Regional Center An EB-5 regional center is an economic unit, public or private, in the United States that is involved with promoting economic growth. EB3 does not spill over to anyone as per our understanding. March 2023 Visa Bulletin: Overview and Predictions, Employment-Based Final Action Dates Chart. As you look at the numbers below, heres how Im getting the Numbers: So, EB4 had a maximum of 9,940 for FY 2017. I have EB1A PD March 2017 India- what would timelines look for me?

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