South Korea uses fewer EB1 numbers. Mexico retrogresses to August 1, 2020 and India to March 1, 2021. We make this determination monthly based on how many visa numbers remain available for the year, USCIS and DOS visa-available inventory, and operational considerations. All Other Countries No Movement, We are very pleased by the services we get from the Law Offices of Carl Shusterman. This app uses publicly available i140 data from USCIS and then mimics the per-month visa allocation based on various factors. EB-3 Other for China advances to July 1, 2014. However, there are two prominent cases in which you may be able to shorten your green card processing time, which we will explain here. How many Visa did EB3 India get from EB2 Spill Over? How is the employment-based annual limit distributed between the categories? Tags: Social Group A. The Departmentof State doesnt know, how many Visa numbers would be requested by USCIS. Your current employer with an approved I-140 (from EB-2) with a priority date that is current in EB-3, can downgrade your case . 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. Due to years of wait, not everyone with approved I-140 would file for I-485. tracker (which has thousands of cases): EB Green Cards 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. However, if the limit has passed, you may see the date retrogress or move backward from your priority date. Family-Based What if dependent family members are not approved before priority dates move back? Q. In this new bulletin, we see no changes in the family-based category but some major retrogression in the employment-based Final Action chart in the EB-4 category, especially for most countries across the board (except Central America). Under INA 203(b), visas not required in EB-4 and unreserved visas not required in EB-5 are made available in EB-1. 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). Why has DOS retrogressed (set back) certain Final Action Dates or applied new Final Action Dates in the Visa Bulletin for October 2022? Videos 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. A receipt notice does not mean that USCIS has granted the transfer request, it just indicates that USCIS has uploaded the Supplement J information into our systems. Each Country has a Cap of 7% Per category. Total Issued for EB3 South Korea = 3,290 Q. The contents in the channel is for informational purpose only collected from Various public domains. 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. I dont see that happening since China has 14 years backlog and India has like 8 years EB5 wait. USCIS does not notify the applicant when it grants a transfer request. 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). As per this figure, the number of EB2 Visa issued for Indian Nationals came down drastically from FY 2014. But this data is only from NVC . So 2 days in a month average. Theres ROW EB3 to EB2 India spillover. Why does that happen? A. EB-4 Certain Special Immigrants: 7.1% of the worldwide level. But, its easy to guess based on the EB2 numbers (to some extent). A. Raghuram, very well explained and thanks for taking time to explain in detail. 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. 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. This can happen as early as the first day of a fiscal year, depending on the relevant data. 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. If a noncitizen has become a lawful permanent resident, USCIS would deny any other pending adjustment of status applications. Q. No. You can even search around on Google to find How EB Spill Over works. Why EB2 India, EB3 India is movingslower and EB3 China is moving fast? 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. USCIS doesnt know how many visas would be released by DOS. 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. You can leave the. People with i485 pending in both EB3 and EB2 will benefit. (Updated 10/26/2022). InfoPass 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 . When we determine that there are immigrant visas available for the filing of additional adjustment of status applications, noncitizens must use the Dates for Filing chart to determine when to file an adjustment of status application with USCIS. 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. If you have already filed your i485 but have not submitted the medicals, we strongly recommend. There are three different Categories within Employment Based Green Card EB1, EB2, EB3. I dont understand why. Predictions for 2022-23 Assuming that there is a 50k spillover in Oct 2022 bulletin and then USCIS wastage in 2022 is less than 5% or near zero (best case), we estimate these dates to be possible in the next 12 bulletins. Mainland China remains on August 1, 2018, while India remains at June 15, 2012. A. Your priority date should be before this date. Your estimate of time taken for an applicant ,whose priority date is Aug-2012, is 12 years to become current and get his GC. No, if USCIS grants an applicants transfer of underlying basis request, USCIS will only adjudicate the adjustment of status application on the most recently-granted transfer request. 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. I still didnt understand how EB3 allocation can be 6K and more than EB2 for India. Q. Family spillover to employment is 60k GC in FY 2023. When is a visa number subtracted from the annual limit? Great news for applicants waiting on Green Card backlog in the October Visa Bulletin 2018 from the Filing Chart Date. 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. EB4 is for Religious Workers and EB5 is for Immigration through Investment (1 Million Dollars or $500,000 in certain areas). If you would like to support this site, please consider donating using any of the options below or simply visit our friendly sponsors: "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. $3.99 + $1.00 shipping. When will I get my green card? The S386 Bill: Fairness for High-Skilled Immigrants Act of 2019 aka Country Cap Removal for Employment-Based Green Card Bill. 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. Theres Top to Down spillover EB2 to EB3 (which is dried out). Also, my PD is Jan, 2010 under EB2. Visa Bulletin Predictions; More . If your employment-based adjustment of status application has been pending with USCIS for 180 days or more, you may request to "port" the underlying job opportunity upon which your adjustment is based to a new employer or new job offer that is the same or similar to the original one without the portability request alone impacting your priority date; Depending on the facts of your case, your children who have also applied for adjustment of status as your derivative beneficiaries might not age out of, You are generally considered to be "in a period of stay authorized" while your application is pending and would not accrue unlawful presence while in a period of authorized stay.. (Added 10/26/2022). 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. When is a derivative childs applicant age locked under the Child Status Protection Act, and how is that age calculated? (Added 10/26/2022). http://geni.us/GreenCardWebinar. 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. If a category/country is Current in the Visa Bulletin, does that mean that there must be little or no inventory of pending applications with USCIS and DOS for that category/country? Central America remains at March 15, 2018. Why is such a big difference. (Updated 10/26/2022). Picture Information. Jobs & Visas How does the spillover from ROW work? If you are contemplating interfilinga process that allows AOS applicants to change their preference categorydont hesitate to contact VisaNation Law Group. A. 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. 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 ? 2022 Panini Draft Picks Thunder Struck Card of Dylan Lesko - Padres HOT. Officials are monitoring this category and have said theyll make changes when necessary. 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. If my adjustment of status application was approved, but then the Final Action Date for my category and country of chargeability later retrogresses, does that affect my status as a lawful permanent resident? 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