If green cards are unavailable, you will not see any movement from that final action date. Since USCIS updates data every few weeks, estimated date shown below may also change every few weeks. | Based on recent trends for past few months, I thought EB3 will move faster. This was supposed to be good news for Indians but USCIS has spoiled it by estimating that ROW (the rest of the world) is going to use all the numbers. Keep this date handy since you will need it to compare to the dates in this bulletin. Q. Q. AAO (Added 10/26/2022). This exception is explained in detail in the Allocation of Visa Numbers section on this page. No. Surely with less wastage it should reach earlier right? All documents are cleared and I got the email from NVC that my file is in the que to be scheduled for interview. (Added 10/26/2022). Hence data will keep changing every month. Why dont you ask the same questions with your friends? EB2 India Green Card Prediction for Jan 2023 Bulletin and beyond. Thank you. Q. 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. Even I want to know why those are empty. When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? InfoPass China No Movement Crimes What this means is any unused ROW EB2 numbers are first spill over to ROW EB3 before they move to EB2 backlogged countries. H-1B News 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. Share sensitive information only on official, secure websites. 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? EADs, OPT 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. A pending EB-3 petition in this scenario does not prevent USCIS from granting the applicants request to transfer the underlying basis of their pending Form I-485 to a separate, approved Form I-140. Thank you Raghu, please add your analysis based on 2018 Vs 2019 November data published by USCIS links below: A. How to estimate the Green Card Wait Times using I485 Inventory Data? Work Visas based on the above, how do we know the which year onwards how many are pending for country wise for each category? (Added 10/26/2022). No country can receive more than 7% of the total number of EB and FB preference visas in a given year. With five different preference levels and seven chargeability areas, USCIS issues employment-based category visas through your job or occupation. 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? EB2 India may still not see much movement as it has a high number of people already waiting in line. 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. 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. 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. What happens next? In the world of immigration law, it always pays to be informed. STEM OPT Under that exemption, USCIS may grant additional periods in H-1B status in increments of up to 3 years for a noncitizen who currently maintains or previously held H-1B status, who is the beneficiary of an approved EB-1, EB-2, or EB-3 immigrant visa petition, and who is eligible to be granted LPR status in one of those categories but for the application of the per country limitation. Tags: 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. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf Hi, My PD is February 2018 EB1A India. In the F-1 category, China, India, and all other countries of chargeability remain at August 8, 2016. Awesome article. Why does USCIS not review its records and make the decision for the applicants? (Added 10/26/2022). 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. 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. Once a visa number can be allocated, USCIS will resume the processing of the application. All Other Countries No Movement. Employers 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. Please note that accepting or rejecting a benefit request is part of USCIS intake processing; it is not the approval or denial of the benefit request by an adjudicator. A. . So approx 200-300k GCs should flow into EB. I did two Live Webinars on How to Navigate the Green Card Process (150 and 130 Minutes in Duration). 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. China remained on July 8, 2019, and India stayed on May 1, 2012. Lets look at each category with available Cap per year. 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. 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? 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. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Ok. These folks are in their late-30s, have 1-2 kids 2-8 years old. Theres no spill over from EB1 to EB2 ROW and EB2 ROW to EB2 India. Hi Attn: Supp J (Box 660834) But, they changed their stance suddenly in Sep 2022 court filing: Unfortunately, not in 2023 as USCIS is equally dividing the spillover GCs among all countries and applying the 7% cap. But it gives earlier date when I put 50% wastage and a later date when I put 25% wastage. no one will work for you if you dont work for yourself. If you have not done it, please remember to add or update your I-130 / NVC / I-140 / I-485 case in the free GC If we do not grant the transfer request, we will adjudicate the Form I-485 application based on the petition associated with the Form I-485 application prior to the transfer request. 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. These visa bulletin predictions are estimates based on recent movement in the employment-based categories and should not be relied upon as legal advice. Official websites use .gov 2019-Nov: It does not include future demand (which can increase or decrease anytime). This could make 2018 current for EB2/eb3 and they should be able to file for EAD. Looking for U.S. government information and services? Given the rapid movement of files between directorates and offices as we strive to optimize resources across the agency, it would be difficult to match an unsolicited Form I-693 with the related adjustment of status applications in a timely and efficient manner. They indicate how far forward the Final Action Dates may advance in the coming month. Decades of Immigration Experience Working for You. I am on EB1 with priority date Jan 2018. The porting aspect only comes in when you indicate that you want to retain your original priority date. 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. My Account. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. 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. EB 2 India, PD March 2011. (Updated 10/26/2022). Consider a noncitizen with a pending Form I-485 who does not have an available visa based on the underlying petition. USCIS has specified to use the Dates For Filing Chart for all employment-based AOS Filings for March 2023. For legal advice, consult an experienced immigration attorney. Adjustment of Status, Naturalization Q. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. For more information about derivative applicants and accompanying or following to join, please see Volume 7, Part A, Chapter 6 of the USCIS Policy Manual. What is my path forward to a Green Card? Thank you for detailed information. 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. 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. 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. In gcreforms.org an applicant who applied in 2011, and hopefully got approved I140 in an year, is likely to get his GC after 33 years. many thanks. A. Numbers of years vary (from 10 to 70 years). Q. 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. The category for family-based immigration comprises four preference levels based on who your sponsoring family member is in relation to you. Multiple sources are reporting that there could be some spillover from the family-based green card category to the . Yes. USCIS is committed, with its partners at DOS, to using all the available employment-based visas in FY 2023. Hence it can use more EB2 numbers: 4909 in 2017, 4405 in 2018 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. The first term that youll hear thrown around is the priority date. Your next question How do I calculate the Wait Times for my Green Card? China No Movement Q. Unsubscribe at any time. Mexico retrogresses to August 1, 2020 and India to March 1, 2021. Senator from Georgia David Perdue blocked this bill S386. You should only send transfer requests accompanied by a Supplement J to this address. 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. Your kids would become eligible to sponsor your Green card before EB3 2012 becomes current. (Added 10/26/2022). A. . 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). DOS, in collaboration with USCIS, took the reasonable estimate of unused family-sponsored numbers from FY 2022 into account when setting the dates in the October 2022 Visa Bulletin. This means a total of 200k GCs will be available for the employment-based category. The employment spillovers happen in this order: In a nutshell, this is the funnel for spillovers within employment-based categories: If you want to understand how this whole setup works, head over to the HappySchools blog who has explained spillover sharing details within EB categories in a really simple way. Possible Spillover From Family-Based Green Cards. This notification was made automatically as a result of an internal update made to USCIS systems. 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. 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