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. Review our. For the millions of people waiting in line in the employment-based and family-based categories, visa bulletin predictions give them an idea of when they will be able to apply for and obtain green cards. BIA, Political Then we can take a deeper dive within EB2 and EB3 and how Fall-Side works within Each Employment Based Preference Category. Total Issued for EB3 Philippines = 6,492 Reports on Judges This will help you make a decision with respect to filing EB2 to EB3 downgrade and collecting documents for filing i485 if you have a good chance of getting current in the near future. In the EB-4 category, we see some retrogression. But it gives earlier date when I put 50% wastage and a later date when I put 25% wastage. Suppose you have an Adjustment of Status (AOS) application currently pending. China remains on September 1, 2018, and India remains on August 1, 2012. You can stay up-to-date with Visa Bulletin by subscribing to our Free E-Mail Newsletter. EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. crossed. Can $500,000 Investment be Any Type of EB5 Projects? Thats what reported in the Department of States Immigration Visa Report. 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. If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. Your personal information is protected by our Privacy Policy. 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. Forms To highlight the importance of applicants making this decision themselves and communicating it to us, here is an example. 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. All countries in EB-1 are current apart from China and India, which remain at February 1, 2022, as of this bulletin. Refer to the Green Card Guide for additional details on how to calculate the waiting time. A priority date establishes a persons place in line to get an immigrant visa. This is what the estimated values look like. With five different preference levels and seven chargeability areas, USCIS issues employment-based category visas through your job or occupation. Based on Oct 2018 data, your Priority Date may become current around September 2021, As of How many Visa did EB3 India get from EB2 Spill Over? Zoom Consultations Available! 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. Yes. I-864 Thinking EB5? We make this determination monthly based on how many visa numbers remain available for the year, USCIS and DOS visa-available inventory, and operational considerations. This has been stated numerous times by Charlie Oppenheim, who is the head of the 'Visa Office' that makes the decision about the Visa Bulletin (you can listen to him talking about the family . Why do the dates in the Visa Bulletin sometimes retrogress? What? down? . If I am applying for adjustment of status, should I submit Form I-693 with my Form I-485? And are there any restrictionson types of business that qualify for EB5 Visa? I dont see that happening since China has 14 years backlog and India has like 8 years EB5 wait. Also, this EB1-C scam is IMPOSSIBLE not to notice if you are currently living in the United States. 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. ?,Due to my high school going kid , I need to look for options appreciate your response. 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. All Other Countries No Movement. If you look at I-485 Inventory data, there are four countries (India, China, Mexico and Philippines) that are typically impacted by backlogs (more applicants than available Green Cards Cap per country). Many people would need the NABC (non-availability of birth certificate) to file the i-485 application and am22tech is helping with it for a small fee. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. Official websites use .gov A. 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. In the F-1 category, China, India, and the rest of the world remained on December 1, 2014. You are correct about 2800 issued per year. The porting aspect only comes in when you indicate that you want to retain your original priority date. 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. With these priority date waiting times being so long, it's imperative that your first attempt is done the right way. https://www.mygcvisa.com/ tracker/. any chance for aug 2011 EB3 to become current or atleast get EAD in a year or so? 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. Divided by pending I-485 petitions will give a realistic estimates. 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. The tool can also be used by consular processing applicants to get . If I port down to EB3, do you think EB3 Jan 2010 will be current anytime soon. F-1 Unmarried Adult Sons & Daughters of US Citizens, Mexico No Movement Theres no spill over from EB1 to EB2 ROW and EB2 ROW to EB2 India. As you look at the numbers below, heres how Im getting the Numbers: So, EB4 had a maximum of 9,940 for FY 2017. The State Department provides the following guidance regarding the EB-4 category: In the December 2022 Visa Bulletin, EB-4 final action and application filing dates were established for Rest of World countries, China, India, and Philippines in response to high demand. There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. 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. Q. When will I get my green card? 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 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? 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. Thanks. Based on recent trends for past few months, I thought EB3 will move faster. A. Neither report can be used to determine the number of employment-based immigrant visas used during a quarter. My PD is Sep29, 2009 India in EB2, any chances of me getting Green this year. A. Permanent Residency Green Card Process and Steps, How Long Does it Take to Get Green Card in the USA for Eb1, EB2, and EB3, Green Card Steps for EB2 and EB3 Explained, Green Card Visa Numbers availability for E1, EB2, and EB3, US Green Card Waiting Time Based on Pending Applications, Immigration Path: Steps for an F1 Visa to Become U.S. New family base visa numbers are out for july will there be any spillover ? Its easy to schedule a legal consultation. US Citizenship Test (Updated 10/26/2022). Mexico stayed on December 1, 2002, and the Philippines remained on April 22, 2015. 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. China remained on July 8, 2019, and India stayed on May 1, 2012. The remaining 68% are unreserved and are allotted for all other qualified immigrants. How will the unused family-sponsored visa numbers from FY 2022 that are added to the employment-based limit in FY 2023 be distributed, in light of per-country limits? The Dates for Filing chart determines when an applicant can file an I-485. Unsubscribe at any time. My Account. . Can Aug 2011 eb3 become current in 2019? A. 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. Expert Witnesses Porting to EB2 would increasethe wait times of EB2 applicants. I have EB1A PD March 2017 India- what would timelines look for me? Picture Information. USCIS cannot create a waiver or exemption from the health-related grounds of inadmissibility where Congress has not done so. How to estimate the Green Card Wait Times using I485 Inventory Data? They would release the number of Visa to USCIS, who would then Adjust the Status of Applicants to Permanent Residency. For more information about portability, please see Volume 7, Part E, Chapter 5 of the USCIS Policy Manual. File i485, EB2 to EB3 downgrade with approved i140. But this data is only from NVC . India No Movement A. Heres Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. Theres no detailed analysis like this one. 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. SEND PRIVATE MESSAGE. Heres the link to the REcorded Version with Bonus Contents http://geni.us/EBGreenCardProcess. China remained on January 1, 2016, and India on December 8, 2019. Religious mw. . In the EB-3 Other category, there is no change for Mexico, India, Philippines, Central America and the rest of the world. Why dont you ask the same questions with your friends? It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. 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. But,. Get a grip and fight for equality not for preferential treatment, that is what anti immigrants are doing. A. I dont understand why. many thanks. 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. 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). For more information about cross-chargeability, please see the Allocation of Visa Numbers section on this page. Under INA 201(d)(2), the unused family-sponsored visa numbers from the previous fiscal year are added to the overall employment-based limit. These folks are in their late-30s, have 1-2 kids 2-8 years old. A .gov website belongs to an official government organization in the United States. 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, You have probably heard about EB5 for H1B Visa. (Updated 10/26/2022). In the EB-4 category, we see China, India, Mexico and the rest of the world retrogress. If they go by actual i140 numbers, the app prediction will probably be a lot closer to reality. My question is what happens to unused EB3 numbers? Spillover from FB to EB next year - political considerations . A. EB-1 Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. EB4 is for Religious Workers and EB5 is for Immigration through Investment (1 Million Dollars or $500,000 in certain areas). The answer is ZERO! Q. How does the transfer of underlying basis request process work? Q. If a noncitizen is seeking a visa in a preference category that required a labor certification from the Department of Labor (DOL), their priority date generally is the date DOL accepts the labor certification application for processing. Visa Bulletin Predictions; More . What happens next? The Field Operations Directorate will adjudicate the adjustment of status applications. Hi As a result, not all EB-5 visas that are not required in that category can be made available in EB-1. China No Movement Q. Citizenship, How EB Green Card Spill Overbetween EB1, EB2, EB3, EB4 and EB5 works, Top 10 Tweets About S386 Bill Green Card Country Cap Removal, October 2018 Visa Bulletin Comes with Great News for EB2, EB3 India. My husband is on EB1 and our priority date is Feb 2018 and I am his dependent. 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. Again, I dont know only 34,938 was issued when available, numbers is 40,040 for FY 2017. The tool is meant only for employment-based green card applicants who have already filed their employment-based I-485 applications with USCIS and are curious to know when their I-485 applications might be processed. Adjustment of Status, Naturalization Your priority date should be before this date. Vs EB1 will move if and when theres spillover coming from EB4 and EB5. Per the following link, as of November 2018 there are only 876 EB1 pending applicants. 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. 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. [CDATA[ var year = new Date();document.write(year.getFullYear()); // ]]>Carl ShustermanWebsite Powered By QuadW TechnologiesTechnical Consultant Jacob Treger, J WaiversConrad 30MD VideosJob SearchNIWs, E-2 Investors DACA. H-1B News The 60-day rule, which has been temporarily waived,does not apply to Forms I-693 signed by the civil surgeon after you have filed Form I-485. side? We promise not to spam you. Correct? 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. 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. But, only 8,997 was issued. 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. When is a derivative childs applicant age locked under the Child Status Protection Act, and how is that age calculated? Of these, USCIS and the Executive Office for Immigration Review (EOIR) approved more than 220,000 employment-based adjustment of status applications for individuals already present in the United States. Crimes A. For the second question, you should be following the Report from Department of State. 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