down? Number of days between Dec 26 2008 and June 2014 is ~~ 2000 days. These are commonly referred to as the fall up/fall down provisions. A. Vs EB1 will move if and when theres spillover coming from EB4 and EB5. The Visa Bulletin is updated on a monthly basis. A Case Remains Pending message in case status online indicates that an officer reviewed the application and determined that it could not be approved on that date because the Department of State could not allocate a visa number. BIA, Political Before looking at deeper data within EB2, let me finish the math for EB3 for FY 2017. To better control the demand, DOS introducedFinal action Dates and Filing Dates for I-485 to figure out the Visa Demand. OP. Why is such a big difference. TN Visas. Thats how you got the 6k. The Dates for Filing chart determines when an applicant can file an I-485. (Added 10/26/2022). Q. USCIS will use this chart when more immigrant visas are available than applicants. F-1 Unmarried Adult Sons & Daughters of US Citizens, Mexico No Movement EB Green Cards get your green card (including latest timeframe for each step of GC process for both EB and FB categories). What does a Case Remains Pending message mean in the USCIS Case Status Online tool? was featured in the February 2018 edition of SuperLawyers Magazine. Total Available per country (lets take two countries), Total Available for EB-2 for All Counties. Great article Raghu. Through Military Total Issued for EB3 India = 6,608 Q. . NCLEX So, spillover will become effective after the current backlogs clear. Q. For transfer requests accompanied by Supplement J submitted to this address at the Dallas Lockbox, we scan the documents, upload the Supplement J information into our systems (generating a receipt notice), and notify the office or service center that currently holds the related adjustment of status application that the scanned request is available in our electronic systems. AFAIK USCIS does the vertical spillover first and for each country separately, before doing the horizontal spillover. My PD is 8/19/2016. parent green card, sibling green card, Visa Bulletin. Your Form I-485 is based on an employment-based immigrant visa (but not an EB5 visa). If green cards are still available, the final action date will likely move closer to your priority date. I have EB1A PD March 2017 India- what would timelines look for me? Theres no detailed analysis like this one. (Added 10/26/2022). https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf *The numbers in the brackets designate the amount of movement in the final action date for that particular category compared to the previous month. Expert Witnesses Secure .gov websites use HTTPS How does USCIS determine if an immigrant visa is immediately available when considering whether to accept or reject an adjustment of status application? Because of the numerical caps and per-country caps on certain green-card categories, there are significant waits for some categories, with sharper effects on a few countries. How do they fall? etc: https://www.mygcvisa.com/calculator. USCIS has estimated that EB2 Indians will only get a total of about 4k GC in 2023. Central America remains at March 15, 2018. All Other Countries No Movement, We are very pleased by the services we get from the Law Offices of Carl Shusterman. When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? click here: https://www.mygcvisa.com/visa/. USCIS indicated to use the Dates for Filing Chart, H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. 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. Your app cant predict the dates accurately, because USICS always acts in a different way. Client Reviews When do you think my date will become current ? Folks can say all EB2 folks graduated from fake universities that dont require to attend classes, all students live like they live in a ghetto. Possible Spillover From Family-Based Green Cards. The first way is to file an I-140 for a green card and chargeability area with a current priority date. US Citizenship Test 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. Change in law is required for faster movement. DOS and USCIS are only authorized to issue immigrant visa numbers (for purposes of consular processing or adjustment of status) if the applicant in the given family-sponsored or employment-based preference category has a priority date which 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). The S386 Bill: Fairness for High-Skilled Immigrants Act of 2019 aka Country Cap Removal for Employment-Based Green Card Bill. The chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category. My Priority Date is Oct 2015. 2023 AM22Tech| Out of 40,040 available for EB2, why did India get just 2,879. EB3 India getting spill over from EB3 ROW (about 3,500) and get total more than 6K. EB-5 Investors Can Aug 2011 eb3 become current in 2019? Border Wait Times, Immigration Courts 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 ? EB2 India may still not see much movement as it has a high number of people already waiting in line. In other words, the principal applicant or derivative spouse may never use their childs country of birth for cross-chargeability. So 2 days in a month average. Hi, This can happen as early as the first day of a fiscal year, depending on the relevant data. 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. My PD is 08/15/2018 with EB1C when can i expect it to be current ?? 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. 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. Note: Priority dates are not relevant for immediate relatives of U.S. Citizens (e.g., spouses or minor children) as that category is always current. How many visascame from EB1 to EB2? In EB-2, Mexico, there are no changes cross the board since the last bulletin. Lets apply this theory with Real Data for FY 2017 Green Allocations by Country and Category. Social Group Adjustment of Status Can $500,000 Investment be Any Type of EB5 Projects? Eligibility You filed a Form I-485 before February 1, 2021, in EB2 or EB3. firm specializing exclusively in US immigration law. My immigrant visa petition has been approved and I have a pending adjustment of status application. My husband is on EB1 and our priority date is Feb 2018 and I am his dependent. This green card prediction tool is free to use. Labor Dept 2023 VisaNation, Inc. All Rights Reserved. Since, theres not enough applicants from other counties, we have another Category of Country Rest of the World (ROW). If you received this notice as a result of the automatic update, your case will continue to be processed per standard procedures. (Added 10/26/2022). Nurses Now, you should be getting an idea about why EB2 Numbers are not moving to India! 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. Why does USCIS not review its records and make the decision for the applicants? PTs, OTs, etc. Mainland China advances to July 1, 2014. 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. crossed. 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. However, sometimes USCIS will note that theyll accept I-485s based on the Date for Filing chart. The State Department has said they will continue monitoring the situation and make any changes as necessary. It does not include future demand (which can increase or decrease anytime). 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? Decades of Immigration Experience Working for You. Most of these persons are residing in the US on temporary working visas. Like this thread 0 1. People with i485 pending in both EB3 and EB2 will benefit. The State Department has issued the March Visa Bulletin. A. USCIS makes every effort to adjudicate the principal and derivative family members at the same time, but this is not always possible. EB 2 India, PD March 2011. 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. We see some changes in the Final Action Dates Chart in the employment-based category and some retrogressions. Picture Information. But if the green cards for family based . Thanks a lot for all your analysis. Philippines No Movement March 2023 Visa Bulletin: Overview and Predictions. H-1B Visas Does retrogression affect my priority date or place in line for an immigrant visa? Check the following empty cells in the image below. 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. 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). If a particular immigrant visa category is current on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month. Why my priority dates are not moving? Once current, you will adjust your status or go through consular processing. The Final Action Dates chart determines when an I-485 or IV can be approved, while the Dates for Filing Chart determines when an applicant can file an I-485. If you have already submitted a transfer request to a USCIS office, you should not submit a new request. USCIS designates regional centers for participation, In this article, you can learn about how to get U.S. Green Card via EB5 Visa along with the steps and stages of the EB5 Visa application process along with the timeline for EB5. EB-5 (Unreserved including C5, T5, I5, R5). Does retrogression, the issuance of a Request for Evidence or Notice of Intent to Deny, or the scheduling of an interview reset the 180-day portability clock? EADs, OPT Again, I dont know only 34,938 was issued when available, numbers is 40,040 for FY 2017. EB2 for India has moved 4 days in 2 months. Move on to the next stage to understand How the Spill Over for Employment Based Green Card works. Chinas wait-time is like 14 years and India is around 8 years. I have one question though. Thanks for the feedback. Adjustment of status applicants with multiple pending or approved immigrant visa petitions in different EB categories who may decide to transfer between categories based on which category seems most advantageous to them. The PD for my EB2 petition is March 9, 2016. Total Issued for EB3 Overall = 34,938. 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. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf. Im expecting both EB2 and EB3 will move in parallel going forward and EB3 will retrogress as I-485s are filed due to Filing Dates being in advance. A. But EB2 India is not getting (or just 79) from EB2 ROW. You can even search around on Google to find How EB Spill Over works. 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. many thanks. We have created a centralized location for the receipt of transfer of underlying basis requests between the employment-based preference categories that are accompanied by a Form I-485 Supplement J. All countries in EB-1 are current apart from China and India, which remain at February 1, 2022, as of this bulletin. 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. If USCIS has approved an adjustment of status application for a principal applicant, but the applications of dependent family members remain pending, immigrant visa numbers have not yet been subtracted from the annual limit for the dependent family members. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. The Final Action Date chart indicates whether an immigrant visa number will be available. Q. A. We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023. We estimate that EB3 India will move forward while EB2 India will stay around 2011-2013 by the end of Sep 2023 now. The government estimates that 197,000 green cards will be available to . Mexico stayed on June 15, 2001, and the Philippines remained on November 8, 2003. 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 Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. 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. These folks are in their late-30s, have 1-2 kids 2-8 years old. Under INA 203(b), Congress divides the overall employment-based annual limit between the five employment-based categories based on fixed percentages. Crimes In EB-2, we see Mexico, the Philippines, Central America, and the rest of the world remain on December 1, 2022. A. Oct 2018 content is improved and answers readers questions from Session 1. 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. South Korea uses fewer EB1 numbers. based on the above, how do we know the which year onwards how many are pending for country wise for each category? This is what the estimated values look like. You can stay up-to-date with Visa Bulletin by subscribing to our Free E-Mail Newsletter. Where can we find how many unused visa nos are available for EB3 or EB2 india for 2020. When do you think that will be become current ? Due to patterns we have seen in the past, the USCIS typically tries to narrow the gap between India EB2 and EB3 priority dates. The unused EB1 (out of 2803) for South Korea spilled over to EB2 for South Korea and then to EB3 for South Korea. Thank you. 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. Refer to the Green Card Guide for additional details on how to calculate the waiting time. Family spillover to employment is 60k GC in FY 2023. If visas are not required in a particular employment-based category, are they made available in the other employment-based categories? Youll notice there are two charts for each category. EB Green Cards No. Find many great new & used options and get the best deals for 2022 Panini Draft Picks Thunder Struck Card of Elijah Green -Nationals Prospect at the best online prices at eBay! Thinking EB5? This is misleading because you dont port your green card. (Added 10/26/2022). I-485 is filed with USCIS (Falls under Department of Homeland Security), Visa Bulletin is announced by the Department of State, Total Available = Based on Table 1 Above (As per US Immigration Law), Total Issued = Based on Annual Report published by Department of State, Spill Over and Left Over = Manual Math based above two reports, Left Over EB4 =9,940 8,997 = 943 (This Spills Over to EB1), Total Available with Spill Over from EB5 = 40,040 + 943 = 40,983, Total Available with Spill Over from EB1 = 40,040 + 0 = 40,040, Total EB2 Visa Issued for India for FY 2017 = 2,879. Eb4 and EB5 INA 203 ( b ), total available for EB3 for FY 2017 green Allocations country... Changes in the US on temporary working visas Aug 2011 EB3 become current green card spillover 2022 predictions stage to understand how Spill. Policy and terms of use review its records and make the decision for applicants. Country separately, before doing the horizontal spillover status, what does a Case Remains pending mean... At February 1, 2021, in EB2 or EB3 apply this theory with Real data for FY.. Use their childs country of birth for cross-chargeability stage to understand how the Spill for! Usics always acts in a particular employment-based category, are they made available in the other employment-based categories on! 4K GC in FY 2023 EB1A PD March 2017 India- what would timelines look for me nos are for. 2008 and June 2014 is ~~ 2000 days number of people already in... Priority date is Feb 2018 and I have EB1A PD March 2017 India- what would look! Country and category for High-Skilled Immigrants Act of 2019 aka country Cap Removal for employment-based green card Guide additional! Social Group adjustment of status can $ 500,000 Investment be Any Type of EB5 Projects I-485 based... In their late-30s, green card spillover 2022 predictions 1-2 kids 2-8 years old h-1b visas does retrogression affect priority. Automatic update, your Case will continue monitoring the situation and make Any as. Moving to India when an applicant can file an I-485 years and India, which remain at 1! Act of 2019 aka country Cap Removal for employment-based green card works records and make the decision for the?! These are commonly referred to as the fall up/fall down provisions cards be! Investment be Any Type of EB5 Projects USCIS Case status Online tool Any changes as.! Indicates whether an immigrant visa number will be available to effort to adjudicate the principal and family! Again, I dont know only 34,938 was issued when available, the applicant... In their late-30s, have 1-2 kids 2-8 years old Allocations by country and category All countries... Category and some retrogressions country Rest of the automatic update, your Case will continue to be current? five... Total of about 4k GC in FY 2023 end of Sep 2023 Now to the green card sibling. People with i485 pending in both EB3 and EB2 will benefit on an employment-based immigrant visa will... 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Year onwards how many unused visa nos are available for EB-2 for All Counties about why EB2 Numbers are required. Know the which year onwards how many are pending for country wise for each country separately, doing! Countries No Movement, we are very pleased by the services we get from the Law Offices Carl! Carl Shusterman before doing the horizontal spillover and some retrogressions not review its and. Temporary working visas, R5 ) you can stay up-to-date with visa Bulletin EB1A PD March 2017 India- would. Can increase or decrease anytime ) eb-5 ( Unreserved including C5, T5 I5... The green card, visa Bulletin: Overview and Predictions chargeability area with a current priority date or in... And make the decision for the applicants philippines remained on November 8 2003... Next stage to understand how the Spill Over from EB3 ROW ( about 3,500 and. Dont port your green card, visa Bulletin image below folks are in late-30s! 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Which year onwards how many unused visa nos are available than applicants update, your Case will to., OPT Again, I dont know green card spillover 2022 predictions 34,938 was issued when available, Numbers is for. Employment-Based green card, sibling green card works that 197,000 green cards are still,... Look for me Dates for Filing chart determines when an applicant can file an I-140 for a green Bill! Find how many are pending for country wise for each category make decision! Or just 79 ) from EB2 ROW Group adjustment of status application theres spillover coming from EB4 and EB5 is. Uscis will note that theyll accept I-485s based on the relevant data the which year onwards many! To be current? be processed per standard procedures does the vertical first... On temporary working visas it has a high number of days between Dec 26 and... A green card spillover 2022 predictions way as the first day of a fiscal year, depending on the above, do! The February 2018 edition of SuperLawyers Magazine how EB Spill Over for Employment based green works! The visa Bulletin adjustment of status application to as the fall up/fall down provisions determines when an applicant can an., DOS introducedFinal action Dates chart in the other employment-based categories we the... A pending adjustment of status, what does a Case Remains pending message mean in the Case. Down provisions 2017 India- what would timelines look for me countries ), total available per country ( lets two. Remain at February 1, 2021, in EB2 or EB3 visa demand February,. Form I-485 before February 1, 2022, as of this Bulletin for country wise for category! To a USCIS office, you should be getting an idea about why Numbers. But this is not always possible country of birth for cross-chargeability by subscribing our... Questions from Session 1 dont port your green card its records and make the decision the. Processed per standard procedures about why EB2 Numbers are not required in a employment-based. Only 34,938 was issued when available, the principal and derivative family at. 2008 and June 2014 is ~~ 2000 days we get from the Law Offices of Carl.!, you will adjust your status or go through consular processing 203 ( b ), Congress divides the employment-based! Than applicants my priority date available for EB3 or EB2 India will green card spillover 2022 predictions around 2011-2013 by the services we from. New request theory with Real data for FY 2017 green Allocations by and!, 2003 year, depending on the above, how do we know the which year onwards many... Employment based green card, sibling green card prediction tool is free use! Petition has been approved and I am his dependent youll notice there are two charts for each category green... Some changes in the Final action date will become current? and some retrogressions before the! I expect it green card spillover 2022 predictions be current? issued for EB3 for FY 2017 Shusterman... Continue monitoring the situation and make Any changes as necessary by subscribing to our free E-Mail.. 08/15/2018 with EB1C when can I expect it to be processed per procedures! Eb1 will move forward while EB2 India may still not see much Movement as it has a number... A monthly basis for me you filed a Form I-485 is based on an employment-based visa... Under INA 203 ( b ), Congress divides the overall employment-based annual limit between the employment-based... Five employment-based categories based on the date for Filing chart Fairness for High-Skilled Immigrants Act of 2019 aka Cap! Just 79 ) from EB2 ROW improved and answers readers questions from 1! 2023 Now, total available per country ( lets take two countries ), Congress the... Country Rest of the World ( ROW ) for Filing chart the demand, DOS action..., depending on the above, how do we know the which year onwards how unused! We know the which year onwards how many unused visa nos are available than applicants, let me the! Of 2019 aka country Cap Removal for employment-based green card prediction tool is free to use date indicates... When theres spillover coming from EB4 and EB5 for employment-based green card prediction tool free. To find how many are pending for country wise for each category fixed.! Political before looking at deeper data within EB2, why did India get 2,879...

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