Q. I think I didnt put it correctly perhaps. 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. Question from EB5 Visa Newbie Can an EB5 Investor invest in any EB5 Visa Projects? Central America remains at April 15, 2018. You have probably heard about EB5 for H1B Visa. | What is prediction for eb1 i485 adjustment date for priority date of Aug, 2019? (Added 10/26/2022). 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. Please submit your thread . click here: https://www.mygcvisa.com/visa/. NCLEX (Added 10/26/2022). Its easy to schedule a legal consultation. My category retrogressed or a Final Action Date was applied. This equates to over 290,000 employment-based green cards. Will HR-1044 (if it becomes a law) do any good for EB2 India? When is a derivative childs applicant age locked under the Child Status Protection Act, and how is that age calculated? Can you estimate how many employment-based immigrant visas USCIS and DOS will use during FY 2023? Whenever possible, USCIS applies cross-chargeability to preserve family unity and allow family members to immigrate together. A. Retrogression has no effect on lawful permanent residents. USCIS indicated to use the Dates for Filing Chart, H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. These folks are in their late-30s, have 1-2 kids 2-8 years old. Can Aug 2011 eb3 become current in 2019? Per the following link, as of November 2018 there are only 876 EB1 pending applicants. A. Here's Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. The number is even lower than their first-quarter i485 approvals which stood at 27,485. tracker (which has thousands of cases): Also, this EB1-C scam is IMPOSSIBLE not to notice if you are currently living in the United States. I have questions about the EB3 FY 2017 Numbers: Total Available EB3 = 40,040 South Korea uses fewer EB1 numbers. Adjustment of Status, Naturalization This is misleading because you dont port your green card. 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. You can estimate your own green card date based on the same AI algorithm which we use for predicting visa bulletins. (Added 10/26/2022). This is different from cross-chargeability, which is when an applicant may benefit from the charging of their visa number to their spouses or parents country of birth rather than their own. A. Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. The whole revocation of I-140 is another animal to deal with though. Your priority date should be before this date. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2019.pdf What? I thought eb3 will move faster compared to eb2 for 2019. If you have already submitted a transfer request to a USCIS office, you should not submit a new request. Since EB2 is already so much backlogged, it may never send any spill to EB3. You should only send transfer requests accompanied by a Supplement J to this address. 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. How to estimate the Green Card Wait Times using I485 Inventory Data? 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). EB2 India may still not see much movement as it has a high number of people already waiting in line. 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. firm specializing exclusively in US immigration law. As per immigration law, the number of available visa quota is controlled by the Department of State. By the end of this article, you will have a clear understandingof how EB Spillover Rules work. A. Current data suggests that a record 150,000 excess green cards are expected to be made available in fiscal year 2022 as opposed to the 122,000 in FY 2021. A. With these priority date waiting times being so long, it's imperative that your first attempt is done the right way. Hi, Great article do you have a sense of when the adjustment of filing date for EB1 would move from March 2017 (at the moment) to March 2019 for India ? EADs, OPT Contact Us. 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. Email Newsletter: To receive email as soon as latest visa bulletin is released, please click here. What happens next? Border Wait Times, Immigration Courts Again, I dont know only 34,938 was issued when available, numbers is 40,040 for FY 2017. Q. Please note that just because a visa is available for issuance to an applicant does not mean that the applicant has been allocated a visa. EB1-C India is being abused by Indian IT companies of CTS/TCS/WIPRO for the past 3+ years. All Other Countries No Movement, We are very pleased by the services we get from the Law Offices of Carl Shusterman. *The numbers in the brackets designate the amount of movement in the final action date for that particular category compared to the previous month. The potential that a certain percentage of applications will not be approved; Accounting for noncitizens who have multiple pending adjustment of status applications in different categories; Estimating and considering the number of family members who may decide to immigrate with the principal applicant; Considering where applications are in the adjudication process and how likely they are to result in visa use in the immediate future; and. Q. How many visascame from EB1 to EB2? Based on the last few release dates of visa bulletins, we can expect the September 2022 visa bulletin to be released on August 8 or . Refer to the Green Card Guide for additional details on how to calculate the waiting time. You can learn how to decode the numbers and more. If you have already filed your i485 but have not submitted the medicals, we strongly recommend. No country can receive more than 7% of the total number of EB and FB preference visas in a given year. I dont see that happening since China has 14 years backlog and India has like 8 years EB5 wait. PO Box 660834 S0, unused 943 visas from EB4 would spill over to EB1. NVC This green card prediction tool is free to use. Due to the global pandemic and limited appointments at overseas consular offices, family-based immigrant visas continue to see low usage numbers. 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. So, if there is less wastage overall, the EB2 will win in the long run. March 2023 Visa Bulletin: Overview and Predictions, Employment-Based Final Action Dates Chart. 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? Whats in the October 2018 Visa Bulletin October Visa Bulletin 2018 was release by the Department of State recently. As you look at the numbers below, heres how Im getting the Numbers: So, EB4 had a maximum of 9,940 for FY 2017. Great analysis . Mexico stayed on June 15, 2001, and the Philippines remained on November 8, 2003. But this data is only from NVC . https://www.mygcvisa.com/ tracker/. So, USCIS would know in advance how many applicants would file for I-485. For all other employment-based preference categories, the priority date generally is the date USCIS accepts the underlying petition for processing. Under INA 203(b), visas not required in EB-4 and unreserved visas not required in EB-5 are made available in EB-1. Going by your analysis and applying the resources, I am guessing it will take approx. In the F-3 category, China, India, and all other countries of chargeability remain at November 8, 2009. Each Country has a Cap of 7% Per category. Your priority date must be current under the Final Action Chart to adjudicate your green card. USCIS/NVC Timeframe: Please click here to see how long it currently takes to process application. Green Card applicants in EB3, would have gained enough experience and become eligible for EB2. Finally, for EB-3 Other, we see Mexico, the Philippines, Central America, and the rest of the world remain at February 1, 2020. . Visa Bulletin Predictions; More . A. USCIS has not clarified this in the court filing. It is working. This exception is explained in detail in the Allocation of Visa Numbers section on this page. So far, I havent see any time your app predicted, its not your app fault, but USICS methods. Your priority date should be before this date. (Added 10/26/2022). There are hundreds of thousands of people waiting employment-sponsored green cards. For legal advice, consult an experienced immigration attorney. 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. USCIS doesnt know how many visas would be released by DOS. EB-5 Investors In the EB-3 Other category, there is no change for Mexico, India, Philippines, Central America and the rest of the world. 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. Your app cant predict the dates accurately, because USICS always acts in a different way. 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). A. 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. Divided by pending I-485 petitions will give a realistic estimates. Lets apply this theory with Real Data for FY 2017 Green Allocations by Country and Category. How did EB3 India get 6,608, when EB2 India got just 2,879 for FY 2017? etc: https://www.mygcvisa.com/calculator. 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. A visa number is subtracted from the annual limit when the Department of State issues an immigrant visa to a noncitizen through consular processing or when a noncitizen acquires lawful permanent resident status upon approval of their application for adjustment of status, either with USCIS or the Executive Office for Immigration Review (EOIR) of the Department of Justice. If USCIS grants my transfer of underlying basis request, will USCIS consider my eligibility for adjustment of status on both bases? EB1, EB2 and EB3 = 7% of 40,040 = 2,803. Move on to the next stage to understand How the Spill Over for Employment Based Green Card works. Can $500,000 Investment be Any Type of EB5 Projects? Mexico remained on January 1, 2002. For example, if EB-2 has 49,000 visas available for applicants from countries other than India and China, and there are 48,000 pending applications, then the category can be Current. (Added 10/26/2022). Thanks for the feedback. Please see April 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. EB 2 India, PD March 2011. 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. For more information about transfer of underlying basis, please see Volume 7, Part A, Chapter 8 of the USCIS Policy Manual. Q. However, if the limit has passed, you may see the date retrogress or move backward from your priority date. 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. A. Your priority date should be before this date. 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. A. The porting aspect only comes in when you indicate that you want to retain your original priority date. It happens as USCIS uses manual method and probably moves dates based on political and other factors that are out of control. Well, I dont know the answer, but, I think, is because the Visa Demand and the numbers given by Department of State. Do you think the high investor fee for ( EB5) will increase the spillover ? Theres a set limit on how many Green Cards can be issued per year per country per preference category through Employment Based. No. My PD is 2012 feb for eb3 category. Now, you should be getting an idea about why EB2 Numbers are not moving to India! Terms of Service Q. The companion bill HR 1044 in the U.S. House passed by 365 65. My Account . To make this determination, USCIS consults the appropriate chart in the Visa Bulletin (Final Action Dates or Dates for Filing) for the month when the application was received at the correct USCIS filing location per the form instructions. No. My immigrant visa petition has been approved and I have a pending adjustment of status application. 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. Under the regulations, an immigrant visa in the family-sponsored and employment-based preference categories is considered available for accepting and processing the adjustment of status application if the applicant has a priority datewhich is earlier than the date shown in the [Visa] Bulletin for their country and category (or the Visa Bulletin shows that the category is current, that is, visa numbers are authorized for issuance to all qualified applicants). Mexico stayed on December 1, 2002, and the Philippines remained on April 22, 2015. These visa bulletin predictions are estimates based on recent movement in the employment-based categories and should not be relied upon as legal advice. If they go by actual i140 numbers, the app prediction will probably be a lot closer to reality. Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a SEND PRIVATE MESSAGE. Before looking at deeper data within EB2, let me finish the math for EB3 for FY 2017. A. Senator from Georgia David Perdue blocked this bill S386. Q. How is the employment-based annual limit distributed between the categories? What has been the trend in the ROW EB1 quota consumption? In other words, if there were unused family-sponsored numbers in the previous fiscal year, they are distributed based on the same fixed percentages. If USCIS has granted my transfer of underlying basis request, does it mean that an immigrant visa has been allocated to me? 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. Appreciate your input. Why does USCIS not review its records and make the decision for the applicants? Your email address will not be published. It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. Have you wondered why the dates for EB2 India and EB3 India for Green Card are not moving and number of Green Card issued for EB2 India came from 23,000 to 3,000 in 3 years? So, overall, EB2 gets a big chunk. Q. . 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. Q. If an employment-based adjustment of status applicant wants to transfer to another basis, they must submit a new transfer request. 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. 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? A. USCIS does not notify the applicant when it grants a transfer request. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Videos L-1 Visas Hence it can use much more EB3 numbers : 6492 in 2017, 6588 in 2018. For those new to the green card process, you should learn a few terms and remember to understand the rest of this March 2023 visa bulletin report. The contents in the channel is for informational purpose only collected from Various public domains. Many attorneys have been preparing to file a lawsuit too to challenge USCISs interpretation of giving away the full spillover to ROW instead of giving it to the most backlogged country which is Indian and China. When does the special exception to the per-country levels for the employment-based categories apply? A visa number is not subtracted from the annual limit based on any other preliminary step in the adjudication process (that is, not at the time of filing, not at the time of interview scheduling, not at the time of transferring to a USCIS Field Office, not with the issuance of a Request for Evidence, not with the approval of the underlying immigrant visa petition, not with the granting of a transfer of underlying basis request, etc.). A. File i485, EB2 to EB3 downgrade with approved i140. But if the green cards for family based . You may still receive a visa when one becomes available to you based on that priority date. 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. 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