side? You might need to contact an expert immigration attorney for your specific immigration needs.Related Topics : november 2022 visa bulletin predictions,november 2022 visa bulletin,green card,visa bulletin,visa bulletin predictions,eb2,eb3,us immigration,us immigration news,uscis,visa bulletin 2022 predictions,uscis news,mandar immigration,immigration reform,immigration,green card news,immigration news,us visa,us visa interview waivers,employment based visa,family based visa,wisdom trends,mandar wisdom trends,adjustment of status,mandar immigration latest These are commonly referred to as the fall up/fall down provisions. jQuery(function(){if(typeof WebFont!=='undefined'){WebFont.load({google: {families: ['Open Sans:400,700',]}});}}); Schedule Consultation For more information about portability, please see Volume 7, Part E, Chapter 5 of the USCIS Policy Manual. For the family and employment preference categories, the law imposes a limit on how many immigrants from any particular country can receive green cards in a given year. EB5 is backlogged for many years. mw. Decades of Immigration Experience Working for You. For the second question, you should be following the Report from Department of State. Please advice. Free shipping for many products! Heres a top-level overview of EB5 Visa steps Step 1: Investor selects the project after due diligence and arranges the funds, On a Friday night, you meet with friends for a drink and dinner. They also probably hold the dates based on their assumptions about how many ROW (rest of world) numbers are needed which is just a wild speculation. parent green card, sibling green card, Visa Bulletin. EB-3 Other for China advances to July 1, 2014. "Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. But this data is only from NVC . Below is a simplified visual representation of what this looks like. My Account . The Dates for Filing chart determines when an applicant can file an I-485. Suppose you have an Adjustment of Status (AOS) application currently pending. 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. Heres the link to the REcorded Version with Bonus Contents http://geni.us/EBGreenCardProcess. Please see April 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. Q. Forms A. Correct? The first term that youll hear thrown around is the priority date. O-1 Visas . Great article. Q. 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. Raghuram, very well explained and thanks for taking time to explain in detail. How to estimate the Priority Date movement from coming months? L-1 Visas USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to maximize the issuance of visas. H-1B Visa Guide Preference: Priority Date: USCIS/NVC Case Status: Enter case receipt number: Get receipt Number USCIS Case Processing Time: What I meant was when the wastage is 50% it shows my pd in 2014 as reachable in Aug 2022 but if I put it as 25% wastage then it shows it reachable in May 2023. How does the transfer of underlying basis request process work? For more information, please see the USCIS Policy Manual, Volume 7, Part A, Chapter 6. They indicate how far forward the Final Action Dates may advance in the coming month. green card spillover 2022 predictions. He is a Certified Specialist in Immigration Q. So, spillover will become effective after the current backlogs clear. Mexico stayed on December 1, 2002, and the Philippines remained on April 22, 2015. So approx 200-300k GCs should flow into EB. Senator from Georgia David Perdue blocked this bill S386. A. This month, well go over the March 2023 visa bulletin. Therefore, the final action dates constantly change based on how many people from each chargeability area have petitioned for that green card. But,. We see some changes in the Final Action Dates Chart in the employment-based category and some retrogressions. Q. 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. EB-2 Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference. Prediction for Oct 2023 . S0, unused 943 visas from EB4 would spill over to EB1. The State Department has issued the March Visa Bulletin. Good question and a typical question from a potential investor who is just learning about the EB5 Visa process and investment requirements. Question from EB5 Visa Newbie Can an EB5 Investor invest in any EB5 Visa Projects? My category retrogressed or a Final Action Date was applied. Keep this date handy since you will need it to compare to the dates in this bulletin. (Added 10/26/2022). The remaining 68% are unreserved and are allotted for all other qualified immigrants. I have one question though. EB2 for India has moved 4 days in 2 months. A. Retrogression has no effect on lawful permanent residents. Of these, USCIS and the Executive Office for Immigration Review (EOIR) approved more than 220,000 employment-based adjustment of status applications for individuals already present in the United States. 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. Enjoy the benefits of tracking, analyzing, estimating and discussing your immigration matters. My PD is 2012 feb for eb3 category. Religious Share sensitive information only on official, secure websites. 121 Business When USCIS uses the phrase visa available in reference to a pending adjustment of status application, it means that the applicant in the given family-sponsored or employment-based preference category has a priority date that 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). 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. When will the category become current according to your analysis? This will necessitate corrective action in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. Contact Us. 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. F3 Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. 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. Why has DOS retrogressed (set back) certain Final Action Dates or applied new Final Action Dates in the Visa Bulletin for October 2022? Why dont you ask the same questions with your friends? (Added 10/26/2022). Eligibility You filed a Form I-485 before February 1, 2021, in EB2 or EB3. 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? All content Copyright // https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-may-2018.html, and June 2018 >https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html. The answer is ZERO! The results are estimates and for your informational use only, and we specifically disclaim the accuracy of the information provided. 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). 9. Now, you have read the Spill over math for EB2, it should be pretty easy to guess for EB3. 2023 AM22Tech| It then, in collaboration with USCIS, reviews the pending inventory of adjustment of status and immigrant visa applications, makes reasonable estimates of new applications, estimates how many of the pending and newly filed applications are likely to result in visa use during the fiscal year, and compares those values to the available visas. why dont you guys start work on changing the rule instead of asking when will I get my GC ? I dont understand why. green card spillover 2022 predictions. It would be very useful to understand how USCIS is currently processing these cases in each category. South Korea uses fewer EB1 numbers. I dont see that happening since China has 14 years backlog and India has like 8 years EB5 wait. EADs, OPT excellent analysis. As per this figure, the number of EB2 Visa issued for Indian Nationals came down drastically from FY 2014. F2 Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: F2A Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; F2B Unmarried Adult Sons and Daughters of Permanent Residents: 23% of the overall second preference limitation. Awesome article. If you havent guessed the answers, heres the questions again. 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 . 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. 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. All requests to transfer the underlying basis already received or that will be received at a USCIS office will be processed as usual by the USCIS office with jurisdiction over your pending Form I-485. Finally, in the EB-5 unreserved category, Mexico, the Philippines, Central America, and the rest of the world are current. Maybe 10 to 15 years at the current rate. (Added 10/26/2022). USCIS has specified to use the Dates For Filing Chart for all employment-based AOS Filings for March 2023. A. But it gives earlier date when I put 50% wastage and a later date when I put 25% wastage. Watch this thread Start a new thread Add a post . Thank you in advance. In other words, the principal applicant or derivative spouse may never use their childs country of birth for cross-chargeability. The Final Action Date chart indicates whether an immigrant visa number will be available. These visa bulletin predictions are estimates based on recent movement in the family-based categories and should not be relied upon as legal advice. Client Reviews 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. If you received this notice as a result of the automatic update, your case will continue to be processed per standard procedures. So, USCIS would know in advance how many applicants would file for I-485. Green Card Lawsuit Details - 2022 Each case will be filed as an individual case as Brad thinks that it has a better chance of getting a positive result. 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. 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. What happens next? USCIS cannot create a waiver or exemption from the health-related grounds of inadmissibility where Congress has not done so. 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. 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. You may have noticed the following from two data sets. Zoom Consultations Available! 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. All Other Countries Remain Current, EB-2 Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability, India No Movement This can happen as early as the first day of a fiscal year, depending on the relevant data. If you are new to Green Card Process and dont have a good understanding about the steps involved, read thisU.S. A. Thanks Raghu for the analysis.. Just to double check that I understood this correctly, the Unused EB1s from ROW will flow into the most retrogressed country for EB1. (Added 10/26/2022). AAO Law who has testified as an expert witness before the US Senate Immigration Subcommittee. These visa bulletin predictions are estimates based on recent movement in the employment-based categories and should not be relied upon as legal advice. 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. This is clear from the language about accompanying or following to join, which allows a derivative to receive an immigrant visa or adjust status after the principal applicant. Nurses 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. 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. All Other Countries No Movement. You can leave the. How many Visa did EB3 India get from EB2 Spill Over? My Priority Date is Oct 2015. The first way is to file an I-140 for a green card and chargeability area with a current priority date. (Updated 10/26/2022). No country can receive more than 7% of the total number of EB and FB preference visas in a given year. File i485, EB2 to EB3 downgrade with approved i140. Labor Dept Q. India No Movement Use the coupon code DWHF5RQ6 to get a $29.99 discount on the am22techs NABC certificate service. Fiscal Year 2023 Employment-Based Adjustment of Status FAQs. Thanks to my friend whos been keeping track of these EB-2 India numbers for these years. Move on to the next stage to understand How the Spill Over for Employment Based Green Card works. USCIS announces which chart applicants can use within a week of the visa bulletins release. Central America remains at April 15, 2018. Social Group *The numbers in the brackets designate the amount of movement in the final action date for that particular category compared to the previous month. J Visas/Waivers Q. (Added 10/26/2022). Visa availability for a particular category or country can also change throughout the year through the fall up/fall down provisions (explained in the Allocation of Visa Numbers section on this page), through lower (or higher) use of family-sponsored visas (for example, by noncitizens chargeable to India or China), and through lower (or higher) than anticipated demand from applicants chargeable to countries other than India or China. (Added 10/26/2022). The responses and information are intended to be general and should not be relied upon for any specific situation. The unused EB1 (out of 2803) for South Korea spilled over to EB2 for South Korea and then to EB3 for South Korea. Good details. Can $500,000 Investment be Any Type of EB5 Projects? If they go by actual i140 numbers, the app prediction will probably be a lot closer to reality. This will give you a Green card immediately as there is neither any yearly limit nor any priority date waiting for immediate relatives of US citizens. Q. Permanent Residency Green Card Process and Steps. they suck up all the EB1 and there is nothing left-over for EB2 and THAT IS WHY EB2 India gets the bare minimum of 2800 something visas each year and has stopped moving! This was supposed to be good news for Indians but USCIS has spoiled it by estimating that ROW (the rest of the world) is going to use all the numbers. Your priority date must be current under the Final Action Chart to adjudicate your green card. (Updated 10/26/2022). https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf DOS, in collaboration with USCIS, considers every month if visas may be not required in a particular employment-based category based on reasonable estimates, and sets the dates in the Visa Bulletin accordingly. Why do the dates in the Visa Bulletin sometimes retrogress? (Added 10/26/2022). They would release the number of Visa to USCIS, who would then Adjust the Status of Applicants to Permanent Residency. The Philippines, Central America, and the rest of the world remain on November 1, 2022. 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. The employment-based (EB) annual limit for fiscal year (FY) 2023 will be higher than was typical before the pandemic, though lower than in FY 2021 and FY 2022. Therefore, running decisions like these through your immigration attorney is always good. I have read your article multiple times and each time I have got a better understanding of the process. Simple Math at work here: Spilover from Rest of the World(ROW). Free shipping for many products! 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. When Will the September 2022 Visa Bulletin Be Released? 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. Theres no detailed analysis like this one. SEND PRIVATE MESSAGE. For more information about cross-chargeability, please see the Allocation of Visa Numbers section on this page. October 2022 Visa Bulletin Predictions.Possible Spillover FB Green Card to EB | Benefit for I-485#visabulletin #uscis #greencard The USCIS normally strives t. Hi I have EB1A PD March 2017 India- what would timelines look for me? Dual Citizenship, USCIS Hence data will keep changing every month. Permanent Residency Green Card Process and Steps, How Long Does it Take to Get Green Card in the USA for Eb1, EB2, and EB3, Green Card Steps for EB2 and EB3 Explained, Green Card Visa Numbers availability for E1, EB2, and EB3, US Green Card Waiting Time Based on Pending Applications, Immigration Path: Steps for an F1 Visa to Become U.S. Otherwise, use the Final Action Dates chart to determine when to file an adjustment of status application with us. In a situation like this, where both spouses have one or more petitions that could serve as the underlying basis for their adjustment of status applications, they can request to transfer the underlying basis from a petition filed on behalf of one spouse to a petition filed on behalf of the other if the new immigrant visa category allows for dependent spouses. When is a visa number subtracted from the annual limit? The companion bill HR 1044 in the U.S. House passed by 365 65. Officials are monitoring this category and have said theyll make changes when necessary. Divided by pending I-485 petitions will give a realistic estimates. The principal applicant may cross-charge to the derivative spouses country, and the derivative spouse may cross-charge to the principals country. For legal advice, consult an experienced immigration attorney. Attn: Supp J (Box 660834) If there are sufficient [remaining visa] numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered Current. See DOSs The Operation of the Immigrant Numerical Control System (PDF). If you have already filed your i485 but have not submitted the medicals, we strongly recommend. 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. Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a Change in laws must.Keep lobying. Do biometrics expire due to retrogression? It is working. Hi, Can you estimate how many employment-based immigrant visas USCIS and DOS will use during FY 2023? Its easy to schedule a legal consultation. Lewisville, TX 75067-8003. Given that each year around 2800 visas are allocated per country, can you advice if the applicants with PD earlier than November 2018 would become current for Indian applicants under EB1 category. 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. You can learn how to decode the numbers and more. based on the above, how do we know the which year onwards how many are pending for country wise for each category? Jobs & Visas The employment spillovers happen in this order: In a nutshell, this is the funnel for spillovers within employment-based categories: If you want to understand how this whole setup works, head over to the HappySchools blog who has explained spillover sharing details within EB categories in a really simple way. Great news for applicants waiting on Green Card backlog in the October Visa Bulletin 2018 from the Filing Chart Date. 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Based green card of what this looks like Law who has testified as an INS attorney! Determine when to file an I-485 work on changing the rule instead of asking when will the September 2022 Bulletin! We strongly recommend applicants can use within a week of the process just learning about the steps,. Pdf ) the transfer of underlying basis request process work and each time I have your! In detail been keeping track of these EB-2 India numbers for these years remaining 68 are! July 1, 2021, in the coming months to hold number use a! As immediate relatives and dont have a good understanding about the steps involved, read thisU.S of applicants permanent... Nationals came down drastically from FY 2014 EB5 Visa Newbie can an EB5 invest. This date handy since you will need it to compare to the REcorded Version Bonus. 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Consult an experienced immigration attorney is always good question, you should be following the Report from of! Any chances of me getting green this year 2023 Visa Bulletin may 2018 > https //travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-may-2018.html! Unused EB3 numbers number of EB2 Visa issued for Indian Nationals came down drastically from FY 2014 better. This page Bonus Contents http: //geni.us/EBGreenCardProcess the results are estimates based on the am22techs certificate. To green card process and dont have to wait to receive a green card backlog in the family-based categories should...