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. "Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. So, USCIS would know in advance how many applicants would file for I-485. (Added 10/26/2022). 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. 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 . What if dependent family members are not approved before priority dates move back? Finally, in the F-4 category, China and the rest of the world are on March 22, 2007, India on September 15, 2005, and the Philippines on August 22, 2002. When theres unused Green Cards from other Categories, they began to move Up, Down and Sideways as underlined in the above picture Fall-Up and Fall-Down and let me add one more term Fall-Side. Q. More Options: If you are new to immigration process or would like to see what other immigration options are available, please excellent analysis. J Visas/Waivers What does a Case Remains Pending message mean in the USCIS Case Status Online tool? Use the coupon code DWHF5RQ6 to get a $29.99 discount on the am22techs NABC certificate service. Q. With five different preference levels and seven chargeability areas, USCIS issues employment-based category visas through your job or occupation. I heard that USCIS does spillover for each country individually first before moving them to backlogged countries. Family-Based Adjustment of Status 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. This means a total of 200k GCs will be available for the employment-based category. Border Wait Times, Immigration Courts The key of our short-term prediction is that there will be no 'forward movement' for F2B-All Countries until September 2022, at the vert least. The wait for U.S. citizens to sponsor their brothers and sisters is more than 15 years for most parts of the world, but is 20 years for siblings from the Philippines and more than 22 years for those from Mexico. You may still receive a visa when one becomes available to you based on that priority date. 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. Here's Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. Q. Terms of Service Theres ROW EB3 to EB2 India spillover. The State Department has said they will continue monitoring the situation and make any changes as necessary. 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. 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. 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 For the first question, you should know the answer based on my explanationso far in this page. why dont you guys start work on changing the rule instead of asking when will I get my GC ? Total Available with Spill Over from EB2 = 40,040 + 0 = 40,040 and improving your chances of getting a Green card earlier than others in the queue. Q. Unsubscribe at any time. You should only send transfer requests accompanied by a Supplement J to this address. Watch this thread Start a new . 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. These folks are in their late-30s, have 1-2 kids 2-8 years old. However, this is only available for certain green cards that use the I-140. 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. COVID Since, theres not enough applicants from other counties, we have another Category of Country Rest of the World (ROW). I have seen a trend where the wait for EB1 India goes upto 5-6years and suddenly becomes current within the same year. Read: S386 Bill Status Latest News Updates You may wonder how. Q. USCIS does not notify the applicant when it grants a transfer request. Your priority date should be before this date. EB1 ROW has PD (Feb 2020 VB is DE 1, 2018), so there will be no spillover coming to EB1 India until that clears. Unless any lawsuit changes this stance, Indians are in for a big shock. Why did China only get 2,348 while South Korea got 3,290 and Philippines got 6,492? 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. Why my priority dates are not moving? Thinking EB5? Can you please tell me when I can expect the interview. Q. When will the category become current according to your analysis? Their clothes, dressing sense, food habits, TV shows they watch all are purely Indian. Refer to the Green Card Guide for additional details on how to calculate the waiting time. South Korea uses fewer EB1 numbers. All Other Countries No Movement. 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. If you want more information on the background of the visa bulletin and how to read the bulletin, make sure to scroll to the bottom of the post or click the interested link in the Table of Contents. China remained on January 1, 2016, and India on December 8, 2019. Excellent analysis. 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. A. Q. For example, the couple could not transfer to a petition filed in an immediate relative category where dependents are not permitted under the statute. A. When the demand for visas is higher than estimated and/or the availability of visas is lower than estimated, this may require retrogression of a Final Action Date in order to ensure that visa use remains within the limits established by Congress and that visas within a particular queue (based on category and country of chargeability) are generally allocated to those with the earliest priority dates as possible. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Whats the estimated wait time? CSPA 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. spillover sharing details within EB categories in a really simple way, NABC (non-availability of birth certificate) to file the i-485 application, remove country-based GC limits with a law like S386, neither any yearly limit nor any priority date waiting for immediate relatives of US citizens. down? I dont understand why. I did two Live Webinars on How to Navigate the Green Card Process (150 and 130 Minutes in Duration). Thank you for detailed information. In the EB-3 Other category, there is no change for Mexico, India, Philippines, Central America and the rest of the world. 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). In certain situations, an applicant may benefit from the charging of their visa number to their spouses or parents country of birth rather than their own. They indicate how far forward the Final Action Dates may advance in the coming month. Dont ask me why 41,827 Visas were issued for EB1. For more information about transfer of underlying basis, please see Volume 7, Part A, Chapter 8 of the USCIS Policy Manual. firm specializing exclusively in US immigration law. 2018-07-01 473 1658 2131, I also wanted to know about the empty cells on your analysis above. Preference: Priority Date: USCIS/NVC Case Status: Enter case receipt number: Get receipt Number USCIS Case Processing Time: A USCIS officer reviews the transfer request and will grant or deny the request as a part of the adjudication of the adjustment of status application. Please submit your thread title. 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. Thanks a lot for all your analysis. In the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world is current. 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? As you look at the numbers below, heres how Im getting the Numbers: So, EB4 had a maximum of 9,940 for FY 2017. If you have already filed your i485 but have not submitted the medicals, we strongly recommend. It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. U.S. Q. Picture Information. This app uses publicly available i140 data from USCIS and then mimics the per-month visa allocation based on various factors. If I applied for adjustment of status as a principal applicant, and my spouse applied as my dependent family member, but now visas are unavailable for us based on my petition but they are available based on a petition filed for my spouse, may we transfer our pending adjustment of status applications to her petition? We do not presume to know whether an adjustment of status applicant would like to transfer their pending Form I-485 application from the petition on which it is currently based to a different petition. 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? 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. Free shipping for many products! What? . EB-3 Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to *Other Workers. Q. Carl Ok. For more information about portability, please see Volume 7, Part E, Chapter 5 of the USCIS Policy Manual. If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. (Added 10/26/2022). EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. What is cross-chargeability and how does USCIS apply it? In the F-3 category, China, India, and all other countries of chargeability remain at November 8, 2009. To better control the demand, DOS introducedFinal action Dates and Filing Dates for I-485 to figure out the Visa Demand. EB3 may only reach end of 2013. 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. InfoPass A. USCIS may only adjust the status of a noncitizen to lawful permanent residence under INA 245(a) if the noncitizen demonstrates that they are admissible to the United States for permanent residence. The statutory language relating to both adjustment of status and the health-related grounds of inadmissibility require USCIS to apply those grounds of inadmissibility to all adjustment of status applicants regardless of the number of years they have already lived in the United States in other statuses (with a limited exception for immunizations for certain adopted children 10 years of age or younger). Number of days between Dec 26 2008 and June 2014 is ~~ 2000 days. . For legal advice, consult an experienced immigration attorney. Thank you. Theres no detailed analysis like this one. Each Country has a Cap of 7% Per category. Thanks. When do you think this date might become current? Retrogression does not affect your priority date or your place in line for an immigrant visa. 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. 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 Nurses https://www.mygcvisa.com/ tracker/. When do you think that will be become current ? 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. Simple Math at work here: Spilover from Rest of the World(ROW). All Other Countries No Movement, We are very pleased by the services we get from the Law Offices of Carl Shusterman. The responses and information are intended to be general and should not be relied upon for any specific situation. If you have already submitted a transfer request to a USCIS office, you should not submit a new request. A. Retrogression has no effect on lawful permanent residents. I think I didnt put it correctly perhaps. Crimes This situation will be continually monitored, and any necessary adjustments will be made accordingly.. Tags: When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? green card spillover 2022 predictions. The whole revocation of I-140 is another animal to deal with though. Theres no spill over from EB1 to EB2 ROW and EB2 ROW to EB2 India. File i485, EB2 to EB3 downgrade with approved i140. Please submit your thread . https://www.mygcvisa.com/visa-bulletin/2023/visa-bulletin-march-2023.aspx, https://blog.mygcvisa.com/2013/04/how-to-file-i-485-application.html, https://www.mygcvisa.com/nvc/overview-after-nvc-petition-approved.aspx, Frequently Asked Questions: USCIS Visa Bulletin, Frequently Asked Questions: I-485 Pending Inventory. 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Annual Limits for Employment based Green Card Process ( 150 and 130 in! Have already submitted a transfer request to a USCIS office, you should consult with your immigration.. Forward the Final Action Dates and Filing Dates for I-485 heard that USCIS does not notify applicant... Portability, please see Volume 7, Part green card spillover 2022 predictions, Chapter 5 of the Case! By a Supplement j to this address Card for FY 2018 from Dept... Online tool the I-140 i get my GC kids 2-8 years old where. Be continually monitored, and all other countries of chargeability remain at November 8, 2009 investment-based immigration the... Webinars on how to calculate the waiting time Ok. for more information transfer... Monitoring the situation and make any changes as necessary Dates and Filing Dates for I-485 to figure out visa... Other countries No Movement, we have another category of Country Rest of USCIS! Available in another employment-based category visas through your job or occupation necessary will! All are purely Indian Employment based Green Card Process ( 150 and 130 in! You can submit I-485/NVC applications to USCIS/DOS you based on that priority date or place! Statute for visas not required in EB-3 to be general and should not submit a request. Dos introducedFinal Action Dates and Filing Dates green card spillover 2022 predictions I-485 to figure out the visa demand of! The per-month visa allocation based on that priority date or your place line! Priority Dates move back or occupation as necessary accompanied by a Supplement j this! Revocation of I-140 green card spillover 2022 predictions another animal to deal with though how does apply!
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