If you have already filed your i485 but have not submitted the medicals, we strongly recommend. 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. The Philippines, Central America, and the rest of the world remain on November 1, 2022. Check what do they have to say. 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. Each Country has a Cap of 7% Per category. Here's Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. Total Issued for EB3 India = 6,608 jQuery(function(){if(typeof WebFont!=='undefined'){WebFont.load({google: {families: ['Open Sans:400,700',]}});}}); Schedule Consultation Suppose you have an Adjustment of Status (AOS) application currently pending. NCLEX With five different preference levels and seven chargeability areas, USCIS issues employment-based category visas through your job or occupation. All countries in EB-1 are current apart from China and India, which remain at February 1, 2022, as of this bulletin. The first term that youll hear thrown around is the priority date. 2019-Nov: 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. Q. (Added 10/26/2022). In other words, if there were unused family-sponsored numbers in the previous fiscal year, they are distributed based on the same fixed percentages. Employment-based transfer requests that are not accompanied by a Supplement J should be submitted in writing to the USCIS office with jurisdiction over your pending I-485 application. USCIS will use this chart when more immigrant visas are available than applicants. Very good point. My PD is Sep29, 2009 India in EB2, any chances of me getting Green this year. 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). (Added 11/17/2022). When will I get my green card? Multiple sources are reporting that there could be some spillover from the family-based green card category to the . 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! (Added 10/26/2022). My PD is 08/15/2018 with EB1C when can i expect it to be current ?? We estimate these dates to be possible in the next 12 bulletins: If you have already filed your i485 but have not submitted the medicals, we strongly recommend interfiling the i693 form and improving your chances of getting a Green card earlier than others in the queue. One of your friends casually mentions how he ran into an H1B Visa holder applying for Green Card via EB5 Visa. 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. The State Department provides the following guidance regarding the EB-3 category: Increased demand in the Employment Third category may necessitate the establishment of a worldwide final action date (including Mexico and Philippines) in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit.. If the immigrant visa petition underlying my pending adjustment of status application has not been adjudicated, will this prevent me from transferring the basis to a different petition? . 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. Most of these persons are residing in the US on temporary working visas. In reality, you need to start with a new petition (and a new PERM if necessary). Social Group Visas English Exam If your underlying petition is approved and a visa is available to you, but you know that your previously filed Form I-485 does not have a valid Form I-693,it will help USCIS use the available visas and adjudicate your application if youvisit a civil surgeonand have a valid Form I-693 on hand when we send the request to you. Check the following empty cells in the image below. 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. One of the most significant parts of getting a green card in the U.S. is waiting for your priority date to be current. Q. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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. Chinas wait-time is like 14 years and India is around 8 years. 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). Majority of Non-Immigrants know about never ending Green Card wait times. 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. The pre-covid speed of the visa bulletin is back sooner than estimated. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. The short answer is: probably not. How did EB3 India get 6,608, when EB2 India got just 2,879 for FY 2017? In the employment-based preference categories, a childs age under theChild Status Protection Act (CSPA)is the childs biological age at the time of visa availability less the amount of time that the underlying petition was pending, but only if the child sought to acquire status as a lawful permanent resident within one year of the date a visa is available. What is the source for this? My PD is 2012 feb for eb3 category. http://geni.us/EBGreenCardProcess. . EB-5 Investors Q. Neither report can be used to determine the number of employment-based immigrant visas used during a quarter. It would also help in estimating date movements in future visa bulletin. 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? Just 76 visa came from EB2 ROW. Your priority date should be before this date. Dual Citizenship, USCIS 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. You read it right. My husband is on EB1 and our priority date is Feb 2018 and I am his dependent. 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. 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). Labor Dept 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, Why does that happen? Raghuram, very well explained and thanks for taking time to explain in detail. . Do you think the high investor fee for ( EB5) will increase the spillover ? Check back at a later point. SEND PRIVATE MESSAGE. (Updated 10/26/2022). USCIS i485 approvals up to Mar 31, 2021 You can see this official USCIS 2021 second-quarter data here. Thats what reported in the Department of States Immigration Visa Report. 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. Refer to the Green Card Guide for additional details on how to calculate the waiting time. Green Card Calculator: You can use GC calculator to estimate when your priority date may become current. It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. They indicate how far forward the Final Action Dates may advance in the coming month. If not, you must read it again for EB4 to EB5 to EB1 to EB2. To stay in the know about things like the newest visa bulletin, you can subscribe to the Department of States newsletter by emailing [emailprotected] with the message Subscribe Visa Bulletin.. My question is what happens to unused EB3 numbers? Adjustment of Status Below is a simplified visual representation of what this looks like. When do you think that will be become current ? If you want more insights, I have news for you. 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. F2 Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: F2A Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; F2B Unmarried Adult Sons and Daughters of Permanent Residents: 23% of the overall second preference limitation. 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. (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. Hi In the F-3 category, China, India, and the rest of the world stayed on November 22, 2008, while Mexico remained on November 1, 1997, and the Philipines remained on June 8, 2002. In the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world is current. As per Visa Bulletin May 2018 > https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-may-2018.html, and June 2018 >https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf Through Parents How does USCIS determine if an immigrant visa is immediately available when considering whether to accept or reject an adjustment of status application? If you need to file an adjustment of status, Form I-485, you need to follow the Final Action Date chart to know when to file based on your priority date. Mexico stayed on June 15, 2001, and the Philippines remained on November 8, 2003. 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.. 121 Business Total Issued for EB3 Philippines = 6,492 I think I didnt put it correctly perhaps. Where can we find how many unused visa nos are available for EB3 or EB2 india for 2020. A .gov website belongs to an official government organization in the United States. Now, you have read the Spill over math for EB2, it should be pretty easy to guess for EB3. By the end of the fiscal year on Sept. 30, 2022, the two agencies used all of these employment-based immigrant visas, apart from 6,396 EB-5 visas that Congress has allowed to carry over to the next fiscal year. A category can be Current in the Visa Bulletin even when there are tens of thousands of applications pending with the agencies. OP. No, the biometrics collected by USCIS in connection with a pending adjustment of status application never expire. While biometrics-based background checks are valid for a period of 15 months, USCIS refreshes the background check associated with the pending adjustment of status application by resubmitting the previously provided biometrics; a new biometrics appointment is not required. As a result, more than 100,000 applicants who had previously provided biometrics received this automatic update in October and November 2022. EB5 is backlogged for many years. If green cards are unavailable, you will not see any movement from that final action date. In the F-2B category, China, India, and all other countries of chargeability remain at January 1, 2017. Terms of Service 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? A more detailed breakdown of these changes can be seen below. 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. AAO If a noncitizen has become a lawful permanent resident, USCIS would deny any other pending adjustment of status applications. The Field Operations Directorate will adjudicate the adjustment of status applications. 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. why dont you guys start work on changing the rule instead of asking when will I get my GC ? (Added 10/26/2022). However, this is only available for certain green cards that use the I-140. EB Green Cards Can you guess how many EB3 Visa was issued in India for FY 2017? Can $500,000 Investment be Any Type of EB5 Projects? All Other Countries Slight Retrogression, F-2B Unmarried Adult Sons & Daughters of LPRs, F-3 Married Adult Sons & Daughters of US Citizens, NUMBERS FOR THE FAMILY-BASED PREFERENCE CATEGORIES. Please advice. Date of filing chart may be available for use in 2021. Finally, for EB-3 Other, we see Mexico, the Philippines, Central America, and the rest of the world remain at February 1, 2020. 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. (Added 10/26/2022). Porting to EB2 would increasethe wait times of EB2 applicants. Congress did not create a pathway in the statute for visas not required in EB-3 to be made available in another employment-based category. MY GOD, WHY IS THIS SO HARD TO UNDERSTAND??? This can happen as early as the first day of a fiscal year, depending on the relevant data. As a result, the noncitizen could not adjust status based on that petition. 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. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. USCIS doesnt know how many visas would be released by DOS. What does a Case Remains Pending message mean in the USCIS Case Status Online tool? U.S. However, per USCIS rules, no single country is allowed more than 7% of the total number. Biden How is the employment-based annual limit distributed between the categories? I dont understand why. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Q. Great article Raghu. One-Year Rule, 2002 PresentEB CategoriesEB VideoFamily CategoriesTips for FB Cases CSPA. Given that each year around 2800 visas are allocated per country, can you advice if the applicants with PD earlier than November 2018 would become current for Indian applicants under EB1 category. Videos Q. Contact Us. Q. Does retrogression affect consular processing? It will take a while time to explain why the cells are empty . In the EB-4 category, we see some retrogression. 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? Parents may not cross-charge to a childs country. In EB-2, Mexico, there are no changes cross the board since the last bulletin. You can estimate dates based on your own understanding too. If you havent guessed the answers, heres the questions again. 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. But EB2 India is not getting (or just 79) from EB2 ROW. 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. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. There are three different Categories within Employment Based Green Card EB1, EB2, EB3. Hi, Total Issued for EB3 Overall = 34,938. COVID 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. I will analyze the data to get further insights. Surely with less wastage it should reach earlier right? USCIS does not notify the applicant when it grants a transfer request. Wouldnt it be better to go back to India, gain experience there, change jobs even, and come back when the PD is nearing to be current? In this case, rather than wait the usual six months for your petition to be processed, you can pay an additional fee for premium processing, which will shorten the processing time to 15 calendar days. In the F-1 category, China, India, and the rest of the world remained on December 1, 2014. 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. If USCIS has granted my transfer of underlying basis request, does it mean that an immigrant visa has been allocated to me? If green cards are still available, the final action date will likely move closer to your priority date. As stated inVolume 7, Part A, Chapter 7 of the USCIS Policy Manual, [i]f an applicant has multiple approved petitions, the applicants CSPA age is calculated using the petition underlying the adjustment of status application. When we approve a request to transfer the underlying basis of the pending adjustment of status application, we calculate the CSPA age using the approved petition that forms the new basis of the adjustment application. Under INA 203(b), visas not required in EB-4 and unreserved visas not required in EB-5 are made available in EB-1. 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. A. A. We will update these tables as we get more data from USCIS or DOS. 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. Theres a set limit on how many Green Cards can be issued per year per country per preference category through Employment Based. Due to patterns we have seen in the past, the USCIS typically tries to narrow the gap between India EB2 and EB3 priority dates. Q. Since, theres not enough applicants from other counties, we have another Category of Country Rest of the World (ROW). How does retrogression of the Final Action Dates affect eligibility for exemption from the 6-year limit on H-1B status? (Added 10/26/2022). Divided by pending I-485 petitions will give a realistic estimates. and get total less than 3K. The porting aspect only comes in when you indicate that you want to retain your original priority date. DACA. The responses and information are intended to be general and should not be relied upon for any specific situation. *The numbers in the brackets designate the amount of movement in the filing date for that particular category compared to the previous month. If you are contemplating interfilinga process that allows AOS applicants to change their preference categorydont hesitate to contact VisaNation Law Group. Q. down? A. Yes. A. Theres ROW EB3 to EB2 India spillover. The Date for Filing chart determines whether or not one can submit the final immigrant visa application. A. EB2 India may still not see much movement as it has a high number of people already waiting in line. So for example, if India is most retrogressed, which it currently is and if there are any unused EB1s in the ROW, then India will get additional allocations to that extent. As attractive as porting might seem, it is a delicate process with particular requirements. Our predictions are based on these numbers that we think are possible. Mainland China advances to July 1, 2014. When will the category become current according to your analysis? Once a visa number can be allocated, USCIS will resume the processing of the application. Please submit your thread title. Q. Lets look at each category with available Cap per year. EB3-to-EB2 porting is minimal now as most of the folks that were backlogged for years in EB3 have gotten their GCs. Total Issued for EB3 South Korea = 3,290 When do you think my date will become current ? 3000 cars issued per year. As per this figure, the number of EB2 Visa issued for Indian Nationals came down drastically from FY 2014. My PD is 8/19/2016. ht. New family base visa numbers are out for july will there be any spillover ? Why dont you ask the same questions with your friends? Its been stuck in March 2017 for a while not and trying to estimate when I can file my adjustment of status (with a PD of March 2019). A. USCIS cannot create a waiver or exemption from the health-related grounds of inadmissibility where Congress has not done so. Mainland China remains on August 1, 2018, while India remains at June 15, 2012. L-1 Visas USCIS has estimated that EB2 Indians will only get a total of about 4k GC in 2023. Border Wait Times, Immigration Courts This is known as cross-chargeability, and is found in INA 202(b). You start talking about EB3, EB2 and never moving Priority Date. Excellent Article Raghu. A. 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