Mainland China remains on August 1, 2018, while India remains at June 15, 2012. What is my path forward to a Green Card? What is prediction for eb1 i485 adjustment date for priority date of Aug, 2019? November 2022 Visa Bulletin Predictions: Green Card Limit, Priority Date, Spillover | US ImmigrationWe are dedicated to providing you with the current and most accurate information about US immigration journeys.This channel is dedicated to latest updated on USCIS New Policy Updates \u0026 New Applications Processing Time.Disclaimer: This channel is not owned by an any US Government Agency or an Immigration attorney. Yes. F1 Unmarried Adult Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. 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). If there are sufficient [remaining visa] numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered Current. See DOSs The Operation of the Immigrant Numerical Control System (PDF). 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. Surely with less wastage it should reach earlier right? All Other Countries No Movement, We are very pleased by the services we get from the Law Offices of Carl Shusterman. 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. You should only send transfer requests accompanied by a Supplement J to this address. . DOS has determined that the FY 2022 employment-based annual limit is 281,507 - (slightly more than double the typical annual total) - due to unused family-based visa numbers from FY 2021 being allocated to the current fiscal year's available employment-based visas. 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. EB Green Cards If you would like to support this site, please consider donating using any of the options below or simply visit our friendly sponsors: "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Well, I dont know the answer, but, I think, is because the Visa Demand and the numbers given by Department of State. 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. 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! COVID 2501 S. State Hwy. 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. There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. Your next question should be based on the I-485 Inventory Data. These visa bulletin predictions are estimates based on recent movement in the family-based categories and should not be relied upon as legal advice. However, if the limit has passed, you may see the date retrogress or move backward from your priority date. Philippines No Movement EB3 has a very low chance of getting any spillover as it only gets it from EB2. In the F-2B category, China, India, and all other countries of chargeability remain at January 1, 2017. If a noncitizen has become a lawful permanent resident, USCIS would deny any other pending adjustment of status applications. Q. All countries in F-2A are current. You are correct about 2800 issued per year. Under INA 203(b), that overall employment-based limit is then divided between the five employment-based preference categories based on the fixed percentages as described above. My priority date is Aug-2012 in EB2, my US born son age is 9. Once the final action date in your green card preference level and chargeability area reaches your priority date, your priority date will be considered current. Doing so will help limit the need for USCIS to send Requests for Evidence, reduce processing times, and aid USCIS as it works with DOS to use all available visas. EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. 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. USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to maximize the issuance of visas. Q. 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). NVC Is it true that the EB-3 I-140 does not have to be approved to allow a transfer of underlying basis of the Form I-485 to an approved EB-2 I-140 where the EB-2 priority date is current under the Final Action Dates? 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. To better control the demand, DOS introducedFinal action Dates and Filing Dates for I-485 to figure out the Visa Demand. When Will the September 2022 Visa Bulletin Be Released? But, its easy to guess based on the EB2 numbers (to some extent). Why does that happen? F3 Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. 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? If you want more insights, I have news for you. Q. down? A. Mandamus Correct? and get total less than 3K. In the EB-3 Other category, there is no change for Mexico, India, Philippines, Central America and the rest of the world. The remaining 68% are unreserved and are allotted for all other qualified immigrants. 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. EB3-to-EB2 porting is minimal now as most of the folks that were backlogged for years in EB3 have gotten their GCs. As attractive as porting might seem, it is a delicate process with particular requirements. EADs, OPT I am on EB1 with priority date Jan 2018. looking forward for more. You should be ready to file i-485 documents if the dates move forward quickly as the window might not stay open for long. 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. The S386 Bill: Fairness for High-Skilled Immigrants Act of 2019 aka Country Cap Removal for Employment-Based Green Card Bill. Free shipping for many products! We will update these tables as we get more data from USCIS or DOS. The answer is ZERO! . Hence it can use more EB2 numbers: 4909 in 2017, 4405 in 2018 Green Card applicants in EB3, would have gained enough experience and become eligible for EB2. Hi 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). This means a total of 200k GCs will be available for the employment-based category. Again, I dont know only 34,938 was issued when available, numbers is 40,040 for FY 2017. My Priority Date is Oct 2015. A. Under INA 201(d)(2), the unused family-sponsored visa numbers from the previous fiscal year are added to the overall employment-based limit. Attn: Supp J (Box 660834) side? NCLEX Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Neither report can be used to determine the number of employment-based immigrant visas used during a quarter. In FY 2023, USCIS intends to transfer adjustment of status applications in the first three employment-based preference categories from the Texas Service Center (TSC) and Nebraska Service Center (NSC) to the National Benefits Center (NBC) after the approval of the petition. USCIS announces which chart applicants can use within a week of the visa bulletins release. Q. A. (Updated 10/26/2022). Courts 800# How many Visa did EB3 India get from EB2 Spill Over? 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. Going by your analysis and applying the resources, I am guessing it will take approx. A. All countries in the F-2A category are current. Due to the global pandemic and limited appointments at overseas consular offices, family-based immigrant visas continue to see low usage numbers. Derivative children may cross-charge to either parents country as necessary. What is the source for this? 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. 2023 AM22Tech| Q. The pre-covid speed of the visa bulletin is back sooner than estimated. EB4 and EB5 = 7% of 9,940 = 696. Here's Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. Q. EB-4 Certain Special Immigrants: 7.1% of the worldwide level. With these priority date waiting times being so long, it's imperative that your first attempt is done the right way. Disclaimer: In order to estimate dates, this Site uses the Visa Bulletin data from previous fiscal years and the current fiscal year, and make calculations about possible future dates. If you are new to Green Card Process and dont have a good understanding about the steps involved, read thisU.S. A. DOS currently estimates that the FY 2023 employment-based annual limit will be approximately 197,000, due to approximately 57,000 unused family-sponsored visa numbers from FY 2022 being added to the employment-based limit for FY 2023. My immigrant visa petition has been approved and I have a pending adjustment of status application. While your I-485 application for adjustment of status is pending, you are eligible to seek certain benefits, among which are: Please note that USCIS is making every effort to reduce processing times for employment authorization and advance parole applications. This is clear from the language about accompanying or following to join, which allows a derivative to receive an immigrant visa or adjust status after the principal applicant. Prediction for Oct 2023 . My Account. In the world of immigration law, it always pays to be informed. | 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). Q. Q. 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. 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. (Updated 10/26/2022). A. Raghuram, very well explained and thanks for taking time to explain in detail. Mainland China advances to July 1, 2014. Per the following link, as of November 2018 there are only 876 EB1 pending applicants. Any suggestions on moving to new job or staying with current? Each Country has a Cap of 7% Per category. (Added 10/26/2022). MY GOD, WHY IS THIS SO HARD TO UNDERSTAND??? EB-5 Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. EB2 India may still not see much movement as it has a high number of people already waiting in line. It will take a while time to explain why the cells are empty . Site Map, Success Stories Watch this thread Start a new . Q. U.S. If you dont understand the logic at work here, dont worry. (Added 10/26/2022). DOS, in collaboration with USCIS, considers every month if visas may be not required in a particular employment-based category based on reasonable estimates, and sets the dates in the Visa Bulletin accordingly. You might need to contact an expert immigration attorney for your specific immigration needs.Related Topics : november 2022 visa bulletin predictions,november 2022 visa bulletin,green card,visa bulletin,visa bulletin predictions,eb2,eb3,us immigration,us immigration news,uscis,visa bulletin 2022 predictions,uscis news,mandar immigration,immigration reform,immigration,green card news,immigration news,us visa,us visa interview waivers,employment based visa,family based visa,wisdom trends,mandar wisdom trends,adjustment of status,mandar immigration latest Number use and demand in this category have continued to increase, which necessitates further retrogression of the final action dates and application filing dates for Rest of World countries as well as China, India, Mexico, and Philippines, to hold number use within the maximum allowed under the Fiscal Year2023 annual limit.. A. USCIS makes every effort to adjudicate the principal and derivative family members at the same time, but this is not always possible. Possible Spillover From Family-Based Green Cards. mw. 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? get your green card (including latest timeframe for each step of GC process for both EB and FB categories). Q. 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? (Updated 10/26/2022). All areas of chargeability retrogress to February 1, 2022, including China and the Philippines. This situation will be continually monitored, and any necessary adjustments will be made accordingly.. I did two Live Webinars on How to Navigate the Green Card Process (150 and 130 Minutes in Duration). See 8 CFR 245.1(g)(1). Why has DOS retrogressed (set back) certain Final Action Dates or applied new Final Action Dates in the Visa Bulletin for October 2022? All documents are cleared and I got the email from NVC that my file is in the que to be scheduled for interview. Check what do they have to say. 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. Above Math should have given you an estimate of how long it would take to get your Green Card if you apply for Green Card today. 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. Adjustment of Status, Naturalization 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. Thanks for the feedback. Our predictions are based on these numbers that we think are possible. You may have noticed the following from two data sets. All Other Countries No Movement. How does USCIS determine if an immigrant visa is immediately available when considering whether to accept or reject an adjustment of status application? Quiz: When theres a backlog in EB2 for India and China, why did 79 go unused? This is misleading because you dont port your green card. Why does USCIS not review its records and make the decision for the applicants? When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? Employment-Based Basically I am trying t figure out, how many people are in front of me, Im hosting a Live Webinar on Oct 7 on this process. Do you think the high investor fee for ( EB5) will increase the spillover ? Theres Top to Down spillover EB2 to EB3 (which is dried out). A receipt notice does not mean that USCIS has granted the transfer request, it just indicates that USCIS has uploaded the Supplement J information into our systems. My PD is 8/19/2016. Mexico moves to April 1, 2001. 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. When do you think that will be become current ? 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. Reports on Judges So 2 days in a month average. Porting to EB2 would increasethe wait times of EB2 applicants. You can watch the Q&A from June 2018 event and Full Session from Oct 2018. 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. Date of filing chart may be available for use in 2021. How does the spillover from ROW work? 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