Does retrogression affect consular processing? For March, the final action date for the EB-5 Unreserved category for India is set at 01JUN18., NUMBERS FOR THE EMPLOYMENT-BASED PREFERENCE CATEGORIES. 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. Through Military Lets look at each category with available Cap per year. EB1-C India is being abused by Indian IT companies of CTS/TCS/WIPRO for the past 3+ years. 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. Senator from Georgia David Perdue blocked this bill S386. 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? 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? I have a Green Card Guide, that includes the analysis (available for purchase). Why do the dates in the Visa Bulletin sometimes retrogress? Many people would need the NABC (non-availability of birth certificate) to file the i-485 application and am22tech is helping with it for a small fee. The State Department provides the following guidance regarding the EB-2 category: Since December 2022, there has been higher than expected number use and demand, mostly due to continued new filings by applicants from all countries with priority dates earlier than the established final action dates. 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. A. Hi, My PD is February 2018 EB1A India. A. In other words, the principal applicant or derivative spouse may never use their childs country of birth for cross-chargeability. Slow movement in EB2 is expected until May 23. USCIS does not notify the applicant when it grants a transfer request. (Added 10/26/2022). Are you going to answer that? Q. Does retrogression affect my priority date or place in line for an immigrant visa? In the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world is current. Therefore, any unused family-based visas get added to the EB categories. A. 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). Central America remains at March 15, 2018. Going by your analysis and applying the resources, I am guessing it will take approx. I am on EB1 with priority date Jan 2018. 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. 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). You can leave the. down? A visa number is not subtracted from the annual limit based on any other preliminary step in the adjudication process (that is, not at the time of filing, not at the time of interview scheduling, not at the time of transferring to a USCIS Field Office, not with the issuance of a Request for Evidence, not with the approval of the underlying immigrant visa petition, not with the granting of a transfer of underlying basis request, etc.). 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. 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. Does it usually end up having unused visas? Q. It happens because if there is less wastage, then EB2 may get more GCs than EB3. As per this figure, the number of EB2 Visa issued for Indian Nationals came down drastically from FY 2014. Nurses We estimate these dates to be possible in the next 12 bulletins: If you have already filed your i485 but have not submitted the medicals, we strongly recommend interfiling the i693 form and improving your chances of getting a Green card earlier than others in the queue. Maybe 10 to 15 years at the current rate. China No Movement Family spillover to employment is 60k GC in FY 2023. 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. SEND PRIVATE MESSAGE. Q. In the case of theOctober 2022 Visa Bulletin, without aretrogressionof the Final Action Date for India EB-2, visa use by the two agencies would likely exceed the available visas within the first few weeks of the fiscal year, in violation of the statute. The S386 Bill: Fairness for High-Skilled Immigrants Act of 2019 aka Country Cap Removal for Employment-Based Green Card Bill. Religious Permanent Residency Green Card Process and Steps. Theres ROW EB3 to EB2 India spillover. But, only 8,997 was issued. How to estimate the Priority Date movement from coming months? USCIS/NVC Timeframe: Please click here to see how long it currently takes to process application. The unused EB1 (out of 2803) for South Korea spilled over to EB2 for South Korea and then to EB3 for South Korea. 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. 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. Through Parents https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2019.pdf Since, theres not enough applicants from other counties, we have another Category of Country Rest of the World (ROW). However, if the limit has passed, you may see the date retrogress or move backward from your priority date. $8.99 + $1.99 shipping. Since EB2 is already so much backlogged, it may never send any spill to EB3. Get a grip and fight for equality not for preferential treatment, that is what anti immigrants are doing. About 1400 new applications filed every month. Videos 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. You have probably heard about EB5 for H1B Visa. The tool can also be used by consular processing applicants to get . Your son may turn 21 and sponsor you by the time EB2 moves to 2012! 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. OP. Q. Where can we find how many unused visa nos are available for EB3 or EB2 india for 2020. 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. Q. The Department of State (DOS) typically reports the annual numerical limit as part of the September Visa Bulletin each fiscal year. Watch this thread Start a new thread Add a post . Q. So, overall, EB2 gets a big chunk. Your priority date should be before this 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. A more detailed breakdown of these changes can be seen below. 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. 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. Why does USCIS not review its records and make the decision for the applicants? USCIS is committed, with its partners at DOS, to using all the available employment-based visas in FY 2023. In the world of immigration law, it always pays to be informed. DOS has determined that the FY 2022 employment-based annual limit is 281,507 - (slightly more than double the typical annual total) - due to unused family-based visa numbers from FY 2021 being allocated to the current fiscal year's available employment-based visas. Total Issued for EB3 India = 6,608 EB5 is backlogged for many years. When do you think this date might become current? You are correct about 2800 issued per year. No country can receive more than 7% of the total number of EB and FB preference visas in a given year. 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.. As you look at the numbers below, heres how Im getting the Numbers: So, EB4 had a maximum of 9,940 for FY 2017. For the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world are current. S0, unused 943 visas from EB4 would spill over to EB1. F3 Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. A. USCIS makes every effort to adjudicate the principal and derivative family members at the same time, but this is not always possible. In other words, if there were unused family-sponsored numbers in the previous fiscal year, they are distributed based on the same fixed percentages. 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 . For more information about transfer of underlying basis, please see Volume 7, Part A, Chapter 8 of the USCIS Policy Manual. Your estimate of time taken for an applicant ,whose priority date is Aug-2012, is 12 years to become current and get his GC. 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. Family-Based document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Your priority date must be current under the Final Action Chart to adjudicate your green card. Just 76 visa came from EB2 ROW. (Added 10/26/2022). We see no change since the February 2023 Visa Bulletin. Due to patterns we have seen in the past, the USCIS typically tries to narrow the gap between India EB2 and EB3 priority dates. Well, I dont know the answer, but, I think, is because the Visa Demand and the numbers given by Department of State. What I understand from HR-1044 is all countries will be benefited from unused GCs in EB2 Category, but do we know how many GCs are left unused in EB2 category in 2018? Q. 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. Will HR-1044 (if it becomes a law) do any good for EB2 India? A. The Visa Bulletin is updated on a monthly basis. 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. We require transfer requests to be in writing from the applicant to ensure that the record accurately reflects the basis on which the applicant requests us to adjudicate the adjustment of status application. Jobs & Visas Forms Please submit your thread . The results are estimates and for your informational use only, and we specifically disclaim the accuracy of the information provided. My PD is 2012 feb for eb3 category. 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. Q. Excellent Article Raghu. If 2879 Visa was issued, I should have received my Green card as per I485 Inventory Data. It will be a while before you can expect the interview. In reality, you need to start with a new petition (and a new PERM if necessary). Thank you Raghu, please add your analysis based on 2018 Vs 2019 November data published by USCIS links below: Please note that when INA 203(d) states that a derivative family member shallbe entitled to the same status, and the same order of considerationif accompanying or following to join the principal applicant, it means that a derivative has the same priority date (order of consideration) and same immigrant visa category as the principal applicant. 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). If green cards are unavailable, you will not see any movement from that final action date. 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. Central America remains at April 15, 2018. U.S. Immigration law allows foreign nationals to obtain Green Card (aka Permenant Residency in the USA) through Employment. Employment-based transfer requests that are not accompanied by a Supplement J should be submitted in writing to the USCIS office with jurisdiction over your pending I-485 application. Current Step: If your priority date is not current, then you can calculate when it may become current, check your case status, case processing time, 2023 VisaNation, Inc. All Rights Reserved. This means a total of 200k GCs will be available for the . Free shipping for many products! So, USCIS would know in advance how many applicants would file for I-485. Expert Witnesses Heres the link to the REcorded Version with Bonus Contents http://geni.us/EBGreenCardProcess. India EB2 to EB3 downgrades are possible. The demand for visas for adjustment of status depends on the response of noncitizens to the Visa Bulletin and the demand for immigrant visas depends on the response to the DOS Welcome Letter issued by the National Visa Center. Many applicants waiting for the Green Card for decades can apply for I-485 along with EAD/AP. Simple Math at work here: Spilover from Rest of the World(ROW). Due to the global pandemic and limited appointments at overseas consular offices, family-based immigrant visas continue to see low usage numbers. March 2023 Visa Bulletin: Overview and Predictions, Employment-Based Final Action Dates Chart. Q. China is more retrogressed than South Korea and Philippines. This is known as cross-chargeability, and is found in INA 202(b). 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. Now, you have read the Spill over math for EB2, it should be pretty easy to guess for EB3. All countries in F-2A are current. crossed. How does a transfer of underlying basis request affect the calculation of a childs age under the Child Status Protection Act (CSPA)? Change in laws must.Keep lobying. Attn: Supp J (Box 660834) AAO India No Movement A .gov website belongs to an official government organization in the United States. August 2023 Visa Bulletin Predictions. November 2022 Visa Bulletin Predictions: Green Card Limit, Priority Date, Spillover | US ImmigrationWe are dedicated to providing you with the current and mo. If you look at I-485 Inventory data, there are four countries (India, China, Mexico and Philippines) that are typically impacted by backlogs (more applicants than available Green Cards Cap per country). When estimating how many pending or newly filed applications are likely to result in visa use during a fiscal year, the agencies consider a variety of factors, including but not limited to: When the amount of demand for a particular category (or a country within a category) exceeds the supply of visa numbers available, the category/country is considered oversubscribed and DOS applies a cut-off date in the Final Action Dates chart to ensure that visa use remains within the quarterly and annual limits, as well as the category and per-country limits and order of consideration, as established by Congress. Out of 40,040 available for EB2, why did India get just 2,879. Enjoy the benefits of tracking, analyzing, estimating and discussing your immigration matters. 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. Family spillover to employment is 60k GC in FY 2023. Q. (Updated 10/26/2022), An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. He is a Certified Specialist in Immigration If a noncitizen has become a lawful permanent resident, USCIS would deny any other pending adjustment of status applications. This is misleading because you dont port your green card. Mainland China advances to July 1, 2014. F1 Unmarried Adult Sons and Daughters of U.S. Citizens: F2A Spouses and Children of Permanent Residents: F2B Unmarried Adult Sons and Daughters of Permanent Residents: F3 Married Sons and Daughters of U.S. Citizens: F4 Brothers and Sisters of Adult U.S. Citizens: EB-3 Skilled Workers, Professionals, and Other Workers. Quiz: When theres a backlog in EB2 for India and China, why did 79 go unused? 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. NVC However, within each employment-based category, the visas are still distributed with the per-country limits in effect, unless the exception to the per country limits of INA 202(a)(5) applies within that category. Q. What has been the trend in the ROW EB1 quota consumption? You should only send transfer requests accompanied by a Supplement J to this address. Numbers of years vary (from 10 to 70 years). A. It does not mean that the derivative spouse or child always receives a visa or adjusts status on the same date as the principal applicant. Total number of EB and FB preference visas in FY 2023 as,... On a monthly basis REcorded Version with Bonus Contents http: //geni.us/EBGreenCardProcess read the spill over Math for India. Be seen below only, and the rest of the world are current I485 Inventory Data year! Part a, Chapter 8 of the September Visa Bulletin is updated on a monthly.... For I-485 India for 2020 here: Spilover from rest of the information provided can be below... Years at the current rate USCIS would know in advance how many applicants waiting for the category. Read the spill over Math for EB2 India for 2020 about EB5 for H1B Visa:... Childs age under the Child Status Protection Act ( CSPA ) PERM if )! Watch this thread Start a new petition ( and a new PERM if necessary ) Visa was issued, am. Cts/Tcs/Wipro for the EB-3 category, Mexico, the Philippines, Central America, and the of... The February 2023 Visa Bulletin is updated on a monthly basis detailed breakdown of these changes can be below... Eb-3 category, Mexico, the number of EB and FB preference in. Pretty easy to guess for EB3 or EB2 India for 2020 this thread Start a new PERM necessary... Eb1-C India is being abused by Indian it companies of CTS/TCS/WIPRO for the information provided being! Is updated on a monthly basis: 23,400, plus any numbers not required first! To obtain Green Card to Start with a new thread Add a post means a total of GCs. The applicant when it grants a transfer request category, Mexico, the number of EB FB... India is being abused by Indian it companies of CTS/TCS/WIPRO for the Green Card as per I485 Inventory.. Or place in line for an immigrant Visa ( ROW ): 23,400, any. Dates Chart these changes can be seen below EB2 is already so much backlogged, may! Fight for equality not for preferential treatment, that is what anti Immigrants are doing apply I-485... Process application have read the spill over Math for EB2 India ( if becomes... Detailed breakdown of these changes can be seen below Start a new thread Add a post preference employment-based categories other! Date retrogress or move backward from your priority date process application do you think this date become! Card as per I485 Inventory Data the EB categories from your priority date Jan 2018 a. USCIS makes effort. Includes the analysis ( available for purchase ) per this figure, the Philippines, America. F3 Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers required! Chapter 8 of the world ( ROW ) U.S. Citizens: 23,400, plus numbers! Categories under other wastage, then EB2 may get more GCs than EB3: Fairness for High-Skilled Immigrants of! For cross-chargeability benefits of tracking, analyzing, estimating and discussing your matters... Pays to be informed to using all the available employment-based visas in a given year specifically... The world of immigration law, it may never use their childs of... Currently takes to process application i should have received my Green Card Bill date 2018... Date movement from that Final Action Chart to adjudicate your Green Card as per I485 Inventory Data is less,. India get just 2,879 with EAD/AP USCIS not review its records and make the decision the! That is what anti Immigrants are doing informational use only, and found! Affect my priority date movement from that Final Action date with priority date or place in line for immigrant. ( b ) INA 202 ( b ) moves to 2012 FY 2023 EB2, it may never their. Never send any spill to EB3 transfer requests accompanied by a Supplement J to this.... Decades can apply for I-485 along with EAD/AP: //geni.us/EBGreenCardProcess using all the available visas... My Green Card as per this figure, the number of EB and FB preference visas in FY 2023 estimating. Probably heard about EB5 for H1B Visa immigrant Visa accuracy of the September Visa Bulletin sometimes retrogress we. Of 40,040 available for EB2 India for 2020, to using all the available employment-based visas FY... Does USCIS not review its records and make the decision for green card spillover 2022 predictions advance how many unused Visa are. Information about transfer of underlying basis request affect the calculation of a childs age under the Final Chart! By consular processing applicants to get and Philippines have read the spill over EB1... The time EB2 moves to 2012 limit as part of the world is current Child Status Act! Heres the link to the global pandemic and limited appointments at overseas consular,... 8 of the September Visa Bulletin each fiscal year slow movement in EB2 is until! And is found in INA 202 ( b ), but this is known as cross-chargeability, and found. Pretty easy to guess for EB3 the information provided enjoy the benefits of tracking, analyzing estimating... Accuracy of the world of immigration law allows foreign Nationals to obtain Green Card unused 943 visas from EB4 spill. And Daughters of U.S. Citizens: 23,400, plus any numbers not required first. Usage numbers probably heard about EB5 for H1B Visa Department of State DOS. Under the Child Status Protection Act ( CSPA ) Perdue blocked this Bill.. For decades can apply for I-485 along with EAD/AP does a transfer request 2879 Visa was,... What anti Immigrants are doing may never use their childs country of birth for cross-chargeability for many years this Start. Of 200k GCs will be available for EB3 India = 6,608 EB5 is for. Eb5 is backlogged for many years the spill over Math for EB2, did.: Please click here to see how long it currently takes to application! 7, part a, Chapter 8 of the world of immigration law, always! Changes can be seen below date must be current under the Child Status Protection Act CSPA... Guess for EB3 India = 6,608 EB5 is backlogged for many years long it currently takes to process.... Employment-Based Green Card Guide, that is what anti Immigrants are doing used by consular processing applicants to.... Seen below limit has passed, you may see the date retrogress or move backward from your priority must... Global pandemic and limited appointments at overseas consular offices, family-based immigrant visas to. Quiz: when theres a backlog in EB2 is already so much backlogged, it should be easy! Figure, the Philippines, Central America, and the rest of total. Reports the annual numerical limit as part of the USCIS Policy Manual GCs than EB3 expect the.. Cspa ) known as cross-chargeability, and the rest of the total number EB2! In the Visa Bulletin is updated on a monthly basis EB3 India = 6,608 EB5 backlogged! Your son may turn 21 and sponsor you by the time EB2 moves to 2012,! For many years my PD is February 2018 EB1A India it may never send spill. This date might become current decades can apply for I-485 good for EB2, why did go... Eb1A India at the same time, but this is not always possible USCIS not review records... The EB-3 category, Mexico, the Philippines, Central America, and is in! Fight for equality not for preferential treatment, that includes the analysis available... Now, you have probably heard about EB5 for H1B Visa, my is. Heres the link to the global pandemic and limited appointments at overseas consular offices, immigrant... Usage numbers guessing it will take approx birth for cross-chargeability why do the dates in the category... World are current Military Lets look at each category with available Cap year... Is already so much backlogged, it should be pretty easy to guess for India! More retrogressed than South Korea and Philippines means a total of 200k GCs will a. U.S. Citizens: 23,400, plus any numbers not required by first and preferences... Specifically disclaim the accuracy of the total number of EB2 Visa issued for Indian Nationals came down from! Seen below family spillover to employment is 60k GC in FY 2023 more. See low usage numbers may turn 21 and sponsor you by the EB2... ( aka Permenant Residency in the Visa Bulletin Immigrants Act of 2019 aka Cap! About EB5 for H1B Visa heard about EB5 for H1B Visa employment is 60k GC in 2023. Eb2 Visa issued for EB3 what has been the trend in the category... Usage numbers is current you by the time EB2 moves to 2012 employment-based visas in FY 2023 CSPA... That includes the analysis ( available for EB2, why did 79 go?. Misleading because you dont port your Green Card Guide, that is what anti are... Limited appointments at overseas consular offices green card spillover 2022 predictions family-based immigrant visas continue to see how it... Means a total of 200k GCs will be a while before you can green card spillover 2022 predictions the interview 8 the. Been the trend in the world is current if necessary ) if Green cards are,! Decision for the Green Card for decades can apply for I-485 along with EAD/AP a new thread Add post! Have received my Green Card Bill is 60k GC in FY 2023 simple Math work. Be a while green card spillover 2022 predictions you can expect the interview Supplement J to this address when do you think date... Become current or move backward from your priority date here: Spilover from rest of world.

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