With this knowledge about Spill Over, I-485 Inventory Data and Visa Bulletin, we have to answer the following questions: Before we can answer the above questions, you have to understand the Role of USCIS and the Department of State. Retrogression only means that due to the statutory limits, visas are not available to all noncitizens who want them, even if they have already filed an application for adjustment of status. They are also estimating that EB1 India will also get a restricted date starting Jan 2023 bulletin. Watch this thread Start a new . Q. Like this thread 0 1. All Other Countries Remain Current, EB-2 Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability, India No Movement The tool is meant only for employment-based green card applicants who have already filed their employment-based I-485 applications with USCIS and are curious to know when their I-485 applications might be processed. I thought eb3 will move faster compared to eb2 for 2019. Derivative children may cross-charge to either parents country as necessary. 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. Why does that happen? Since USCIS updates data every few weeks, estimated date shown below may also change every few weeks. Under INA 203(b), Congress divides the overall employment-based annual limit between the five employment-based categories based on fixed percentages. 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.. | 2022 Panini Draft Picks Thunder Struck Card of Dylan Lesko - Padres HOT. Citizenship, How EB Green Card Spill Overbetween EB1, EB2, EB3, EB4 and EB5 works, Top 10 Tweets About S386 Bill Green Card Country Cap Removal, October 2018 Visa Bulletin Comes with Great News for EB2, EB3 India. A. For more information about cross-chargeability, please see the Allocation of Visa Numbers section on this page. The chances of EB2 India reaching 2014 are very low given that USCIS has taken the stance of equally distributing the spillover among all countries. MY GOD, WHY IS THIS SO HARD TO UNDERSTAND??? 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. jQuery(function(){if(typeof WebFont!=='undefined'){WebFont.load({google: {families: ['Open Sans:400,700',]}});}}); Schedule Consultation I have seen a trend where the wait for EB1 India goes upto 5-6years and suddenly becomes current within the same year. A. 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. My immigrant visa petition has been approved and I have a pending adjustment of status application. Your app cant predict the dates accurately, because USICS always acts in a different way. Do biometrics expire due to retrogression? A legal declaration was issued on September 6, 2022 by Andrew Parker (USCIS) who specializes in EB adjustment of status cases and who coordinates with the U.S. Department of State (DOS). But, its easy to guess based on the EB2 numbers (to some extent). The chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category. As per this figure, the number of EB2 Visa issued for Indian Nationals came down drastically from FY 2014. 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. (Added 11/17/2022). "Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. Check the following empty cells in the image below. I agree. We will update these tables as we get more data from USCIS or DOS. Q. Q. 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). Permanent Residency Green Card Process and Steps. Once a visa number can be allocated, USCIS will resume the processing of the application. Whats the estimated wait time? The first way is to file an I-140 for a green card and chargeability area with a current priority date. We are proactively identifying employment-based adjustment of status applications with available visas that lack a valid Form I-693 and contacting applicants directly to request that form. Free shipping for many products! You can even search around on Google to find How EB Spill Over works. If an applicant for adjustment of status is otherwise eligible for the exemption and does not have an immigrant visa available to them in EB-1, EB-2, or EB-3 due to the application of the per-country limitations of INA 202(a)(2), USCIS may grant additional periods in H-1B status in increments of up to 3 years. 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. Its time to introduce one more Statistics here for EB2 India. 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. For more information about portability, please see Volume 7, Part E, Chapter 5 of the USCIS Policy Manual. Like this thread 0 0. Can you estimate how many employment-based immigrant visas USCIS and DOS will use during FY 2023? But,. 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. When will I get my green card? Your priority date must be current under the Final Action Chart to adjudicate your green card. So, USCIS would know in advance how many applicants would file for I-485. This could make 2018 current for EB2/eb3 and they should be able to file for EAD. In the EB-3 Other category, there is no change for Mexico, India, Philippines, Central America and the rest of the world. Q. (Added 10/26/2022). L-1 Visas Total Available with Spill Over from EB2 = 40,040 + 0 = 40,040 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 . You are correct about 2800 issued per year. O-1 Visas 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. The tool can also be used by consular processing applicants to get . Excellent analysis. ?,Due to my high school going kid , I need to look for options appreciate your response. Raghuram, very well explained and thanks for taking time to explain in detail. Unless the US Immigration law is changed, to remove country-based GC limits with a law like S386, there is no real possibility of any Indian joining the EB2 Green card queue, to get a Green card in his/her lifetime. 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. Please advice. Oct 2018 content is improved and answers readers questions from Session 1. What happens next? I have questions about the EB3 FY 2017 Numbers: Total Available EB3 = 40,040 It happens as USCIS uses manual method and probably moves dates based on political and other factors that are out of control. Due to the global pandemic and limited appointments at overseas consular offices, family-based immigrant visas continue to see low usage numbers. You can estimate your own green card date based on the same AI algorithm which we use for predicting visa bulletins. Each Country has a Cap of 7% Per category. These are commonly referred to as the fall up/fall down provisions. The Departmentof State doesnt know, how many Visa numbers would be requested by USCIS. Slow movement in EB2 is expected until May 23. EB-1, EB-2, and EB-3 each receive 28.6% of the overall limit, and EB-4 and EB-5 each receive 7.1% of the overall limit. Why does USCIS not review its records and make the decision for the applicants? We see some changes in the Final Action Dates Chart in the employment-based category and some retrogressions. So approx 200-300k GCs should flow into EB. Q. How does the transfer of underlying basis request process work? My Account . Hence it can use much more EB3 numbers : 6492 in 2017, 6588 in 2018. 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. 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. 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? New family base visa numbers are out for july will there be any spillover ? Now, you have read the Spill over math for EB2, it should be pretty easy to guess for EB3. (Updated 10/26/2022). The Dates for Filing chart determines when an applicant can file an I-485. 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. EDUCATING MORE EB2 Indians and USCIS folks, especially Mr. Oppenheirmer will ensure these quasi-legal Indians gets deported back to India promptly and the companies booked and fined! Biden This exception is explained in detail in the Allocation of Visa Numbers section on this page. Since EB2 is already so much backlogged, it may never send any spill to EB3. A. Terms of Service So, spillover will become effective after the current backlogs clear. (Added 10/26/2022). All Other Countries No Movement, We are very pleased by the services we get from the Law Offices of Carl Shusterman. So, EB1 will move at a slow pace (as per avail cap numbers). Through July 31, 2022, the two agencies have combined to use 210,593 . get your green card (including latest timeframe for each step of GC process for both EB and FB categories). Q. But EB2 India is not getting (or just 79) from EB2 ROW. These visa bulletin predictions are estimates based on recent movement in the family-based categories and should not be relied upon as legal advice. The contents in the channel is for informational purpose only collected from Various public domains. We promise not to spam you. Physicians How many visascame from EB1 to EB2? Q. Does retrogression affect consular processing? A. USCIS encourages adjustment of status applicants to submit Form I-693, Report of Medical Examination and Vaccination Record, with their Form I-485, Application to Register Permanent Residence or Adjust Status. 2501 S. State Hwy. VisaScreen Just 76 visa came from EB2 ROW. 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. USCIS has specified to use the Dates For Filing Chart for all employment-based AOS Filings for March 2023. Email Newsletter: To receive email as soon as latest visa bulletin is released, please click here. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Estimate how many employment-based immigrant visas continue to see low usage numbers family-based immigrant visas continue to low. 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