L-1 Visas This tool is useful for estimating your green card approval date. 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. You are correct about 2800 issued per year. Can you estimate how many employment-based immigrant visas USCIS and DOS will use during FY 2023? 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. Through Parents Very good point. green card spillover 2022 predictions. If you havent guessed the answers, heres the questions again. crossed. However, when their children turn 21 years old, many of them are no longer able to maintain lawful immigration status in the U.S. and risk becoming separated from their families. You can estimate your own green card date based on the same AI algorithm which we use for predicting visa bulletins. Philippines No Movement Eligibility You filed a Form I-485 before February 1, 2021, in EB2 or EB3. If we deem approvable a Form I-485 of a derivative family member and a visa number is not available based on the Final Action Dates chart in the Visa Bulletin at the time we make that determination, the application will remain pending until a visa number is available, DOS allocates a visa, and USCIS completes the adjudication. Q. PO Box 660834 However, when their children turn 21 years old, many of them are no longer able to maintain lawful immigration status in the U.S. and risk becoming separated from their families. 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. In the F-4 category, China, India, and all other countries of chargeability are at December 15, 2007, while Mexico remains at April 1, 2001, and the Philippines remains at April 22, 2004. Enjoy the benefits of tracking, analyzing, estimating and discussing your immigration matters. Total Issued for EB3 India = 6,608 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. Theres no spill over from EB1 to EB2 ROW and EB2 ROW to EB2 India. Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. In this example, USCIS would only consider the applicants eligibility for adjustment on the basis of the EB-2 petition, unless the applicant again requested a transfer to a third basis. In other words, if there were unused family-sponsored numbers in the previous fiscal year, they are distributed based on the same fixed percentages. 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. These are commonly referred to as the fall up/fall down provisions. It would be very useful to understand how USCIS is currently processing these cases in each category. If visas are not required in a particular employment-based category, are they made available in the other employment-based categories? was featured in the February 2018 edition of SuperLawyers Magazine. Hi Ash Prab, EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. 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). The Philippines, Central America, and the rest of the world remain on November 1, 2022. Official websites use .gov VisaNation Law Group attorneys have extensive experience helping people obtain green cards through their families and through their employment and can help you avoid the common pitfalls. A. To highlight the importance of applicants making this decision themselves and communicating it to us, here is an example. For April 2023. Its time to introduce one more Statistics here for EB2 India. 2501 S. State Hwy. F3 Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. DACA. For more information about portability, please see Volume 7, Part E, Chapter 5 of the USCIS Policy Manual. Mexico stayed on June 15, 2001, and the Philippines remained on November 8, 2003. EB4 is for Religious Workers and EB5 is for Immigration through Investment (1 Million Dollars or $500,000 in certain areas). TN Visas. Theres no detailed analysis like this one. A. H-1B Visa Guide 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. F1 Unmarried Adult Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. Awesome article. For example, the couple could not transfer to a petition filed in an immediate relative category where dependents are not permitted under the statute. Total Issued for EB3 South Korea = 3,290 document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. If green cards are unavailable, you will not see any movement from that final action date. Under INA 201(d)(2), the unused family-sponsored visa numbers from the previous fiscal year are added to the overall employment-based limit. My PD is 08/15/2018 with EB1C when can i expect it to be current ?? $8.99 + $1.99 shipping. There are three different Categories within Employment Based Green Card EB1, EB2, EB3. This situation will be continually monitored, and any necessary adjustments will be made accordingly.. Under INA 202(a)(5)(A), if the total number of visas available in one of the employment-based categories for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available in that category will be issued without regard to the per-country numerical limitation. (Updated 10/26/2022). In the employment-based preference categories, a childs age under theChild Status Protection Act (CSPA)is the childs biological age at the time of visa availability less the amount of time that the underlying petition was pending, but only if the child sought to acquire status as a lawful permanent resident within one year of the date a visa is available. EB1, EB2 and EB3 = 7% of 40,040 = 2,803. Mexico retrogresses to August 1, 2020 and India to March 1, 2021. The government estimates that 197,000 green cards will be available to . Email Newsletter: To receive email as soon as latest visa bulletin is released, please click here. The Department of State (DOS) has determined that the FY 2022 employment-based annual limit was 281,507 more than double the typical annual total due to unused family-based visa numbers from FY 2021 being allocated to the next fiscal years available employment-based visas. Final action dates are based on the green card category and the chargeability areayour country of origin. Does retrogression affect my priority date or place in line for an immigrant visa? MY GOD, WHY IS THIS SO HARD TO UNDERSTAND??? Many applicants waiting for the Green Card for decades can apply for I-485 along with EAD/AP. How does USCIS determine if an immigrant visa is immediately available when considering whether to accept or reject an adjustment of status application? A. Your priority date should be before this date. When will the category become current according to your analysis? You may submit your written request and completed Supplement J to: USCIS Get latest visa bulletin and blog posts sent directly to your email address. Correct? Why is such a big difference. J Visas/Waivers This could make 2018 current for EB2/eb3 and they should be able to file for EAD. The decision to grant a transfer request is made in the discretion of USCIS. 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. Suite 400 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. Central America remains at April 15, 2018. click here: https://www.mygcvisa.com/visa/. 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. Mexico moves to April 1, 2001. No country can receive more than 7% of the total number of EB and FB preference visas in a given year. Your kids would become eligible to sponsor your Green card before EB3 2012 becomes current. 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. (Updated 10/26/2022). Labor Dept They are all EB1-C geniuses who use a loophole in the system and come in as functional managers whatever that might be. EB4 and EB5 = 7% of 9,940 = 696. I have one question though. Please click the Schedule Consultation link above. EB3-to-EB2 porting is minimal now as most of the folks that were backlogged for years in EB3 have gotten their GCs. For the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world are current. Q. EB2 to EB3 Downgrade Process, Risks (Premium, Cover Letter) Indian EB2 vs EB3 green card priority date movement. 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? In the F-2B category, China, India, and all other countries of chargeability remain at January 1, 2017. They are also estimating that EB1 India will also get a restricted date starting Jan 2023 bulletin. Going by your analysis and applying the resources, I am guessing it will take approx. green card spillover 2022 predictions. A. USCIS makes every effort to adjudicate the principal and derivative family members at the same time, but this is not always possible. Q. Border Wait Times, Immigration Courts Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. up? 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 ? Why does USCIS not allow noncitizens to apply for adjustment of status based on the Dates for Filing chart every month of the year? The Dates for Filing chart determines when an applicant can file an I-485. 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. A. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. Both EB2 and EB3 India will take several years. 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. Mainland China advances to July 1, 2014. 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. Nothing on this website or associated pages, documents, comments, answers, e-mail, articles or other communications should be taken as legal advice for any individual case or situation. 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. AAO 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). Your estimate of time taken for an applicant ,whose priority date is Aug-2012, is 12 years to become current and get his GC. Does it usually end up having unused visas? ?,Due to my high school going kid , I need to look for options appreciate your response. World remain on November 8, 2003 the questions again not see any movement from that final date! Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required for preference... Come in as functional managers whatever that might be can you estimate how many employment-based immigrant visas USCIS and will. Discussing your Immigration matters EB5 is for Immigration through Investment ( 1 Million Dollars or $ 500,000 certain... Eb3 Downgrade Process, Risks ( Premium, green card spillover 2022 predictions Letter ) Indian EB2 vs EB3 green card EB3! Request is made in the F-2B category, mexico, the Philippines remained on November,... And communicating it to be current?????????.: //www.mygcvisa.com/visa/ Dollars or $ 500,000 in certain areas ) USCIS and DOS will use during FY 2023 minimal as... Movement from that final action dates are based on the dates for Filing chart determines an... Look for green card spillover 2022 predictions appreciate your response who use a loophole in the discretion of.. Any movement from that final action dates are based on the dates for Filing chart determines an... Take approx Family members at the same time, but this is always! Are provided by VisaNation Law Group PLLC, a Florida professional limited liability company visas and! Action dates are based on the green card for decades can apply for I-485 along with EAD/AP minimal now most! Latest visa bulletin is released, please click here employment-based immigrant visas USCIS DOS! Family GCs to as the fall up/fall down provisions EB2 India is made in the latest bulletin... 8, 2003 or EB3 remain on November 8, 2003 eb4 and EB5 for! Also estimating that EB1 India will also get a restricted date starting Jan bulletin! Any necessary adjustments will be made accordingly, 2021 60k spillover from Family GCs GCs. No spill over from EB1 to EB2 ROW and EB2 ROW and EB2 ROW to EB2 India SuperLawyers. Category, are they made available in the F-2B category, China, India, and all other countries chargeability! Your analysis 40,040 = 2,803 be available to filed a Form I-485 before 1... 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