Current data suggests that a record 150,000 excess green cards are expected to be made available in fiscal year 2022 as opposed to the 122,000 in FY 2021. . USCIS is committed, with its partners at DOS, to using all the available employment-based visas in FY 2023. Q. 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 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. EB Green Cards 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). Majority of Non-Immigrants know about never ending Green Card wait times. F1 Unmarried Adult Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. I am on EB1 with priority date Jan 2018. 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. But, they changed their stance suddenly in Sep 2022 court filing: Unfortunately, not in 2023 as USCIS is equally dividing the spillover GCs among all countries and applying the 7% cap. Change in laws must.Keep lobying. Find many great new & used options and get the best deals for 2022 Panini Draft Picks Thunder Struck Card of Elijah Green -Nationals Prospect at the best online prices at eBay! My question is what happens to unused EB3 numbers? A. But,. The contents in the channel is for informational purpose only collected from Various public domains. Philippines uses fewer EB1 and EB2 as well. Thanks a lot for all your analysis. Labor Dept Jobs & Visas DACA. Its been stuck in March 2017 for a while not and trying to estimate when I can file my adjustment of status (with a PD of March 2019). 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, The Final Action Dates Chart shows no change since the last Visa Bulletin. How do you know that USCIS does spillover for each country individually first? One of the most significant parts of getting a green card in the U.S. is waiting for your priority date to be current. 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. What happens next? These folks are in their late-30s, have 1-2 kids 2-8 years old. Before looking at deeper data within EB2, let me finish the math for EB3 for FY 2017. Glossary of EB5 Visa Terms Pay attention to Financial Terms, EB5 Visa Process for US Green Card I-526, I-485 and I-829, https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf, https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2019.pdf, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-may-2018.html, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html, Green Cards Quota Per Year via Employment = 140,000, Every few months, USCIS publishes I-485 Inventory Data, Every month Department of State publishes Visa Bulletin. 3000 cars issued per year. Under INA 203(b), Congress divides the overall employment-based annual limit between the five employment-based categories based on fixed percentages. down? For more information about transfer of underlying basis, please see Volume 7, Part A, Chapter 8 of the USCIS Policy Manual. The short answer is: probably not. But it gives earlier date when I put 50% wastage and a later date when I put 25% wastage. 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. Any suggestions on moving to new job or staying with current? From what we can tell by looking at green card statistics and spillover numbers, it appears that EB3 may not make any significant movement until FY 2023. 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. A .gov website belongs to an official government organization in the United States. 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. Get a grip and fight for equality not for preferential treatment, that is what anti immigrants are doing. 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. Your app cant predict the dates accurately, because USICS always acts in a different way. 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. Permanent Residency Green Card Process and Steps. Hence it can use much more EB3 numbers : 6492 in 2017, 6588 in 2018. A. green card spillover 2022 predictions. A. USCIS may only adjust the status of a noncitizen to lawful permanent residence under INA 245(a) if the noncitizen demonstrates that they are admissible to the United States for permanent residence. The statutory language relating to both adjustment of status and the health-related grounds of inadmissibility require USCIS to apply those grounds of inadmissibility to all adjustment of status applicants regardless of the number of years they have already lived in the United States in other statuses (with a limited exception for immunizations for certain adopted children 10 years of age or younger). click here: https://www.mygcvisa.com/visa/. Due to patterns we have seen in the past, the USCIS typically tries to narrow the gap between India EB2 and EB3 priority dates. So, spillover will become effective after the current backlogs clear. Why has DOS retrogressed (set back) certain Final Action Dates or applied new Final Action Dates in the Visa Bulletin for October 2022? 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. A more detailed breakdown of these changes can be seen below. 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. Good question and a typical question from a potential investor who is just learning about the EB5 Visa process and investment requirements. In the F-2B category, China, India, and all other countries of chargeability remain at January 1, 2017. Hi Enjoy the benefits of tracking, analyzing, estimating and discussing your immigration matters. Expert Witnesses The State Department provides the following guidance regarding the EB-3 category: Increased demand in the Employment Third category may necessitate the establishment of a worldwide final action date (including Mexico and Philippines) in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit.. India EB2 to EB3 downgrades are possible. China remained on January 1, 2016, and India on December 8, 2019. Many attorneys have been preparing to file a lawsuit too to challenge USCISs interpretation of giving away the full spillover to ROW instead of giving it to the most backlogged country which is Indian and China. (Updated 10/26/2022). and improving your chances of getting a Green card earlier than others in the queue. 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. Thank you for detailed information. Mexico remained on January 1, 2002. The State Department has issued the March Visa Bulletin. If you are new to Green Card Process and dont have a good understanding about the steps involved, read thisU.S. The whole revocation of I-140 is another animal to deal with though. Senator Feinstein and Her Unknown Immigration Legacy, Attorney Shusterman Featured in SuperLawyers Magazine, CSPA Age Calculation Why the USCISs New Policy Falls Short, Its Time to Fix Our Broken Legal Immigration System, Biden Administration Announces New Border Crackdown. Both EB2 and EB3 India will take several years. I have one question though. They are all EB1-C geniuses who use a loophole in the system and come in as functional managers whatever that might be. EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. The time that it will take you to get a green card depends on the category of your petition and your country of birth. A. | Q. 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. If green cards are still available, the final action date will likely move closer to your priority date. Also, my PD is Jan, 2010 under EB2. Why does USCIS not allow noncitizens to apply for adjustment of status based on the Dates for Filing chart every month of the year? 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.). When theres unused Green Cards from other Categories, they began to move Up, Down and Sideways as underlined in the above picture Fall-Up and Fall-Down and let me add one more term Fall-Side. The Philippines, Central America, and the rest of the world remain on November 1, 2022. Mainland China remains on August 1, 2018, while India remains at June 15, 2012. There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. Q. For those new to the green card process, you should learn a few terms and remember to understand the rest of this March 2023 visa bulletin report. firm specializing exclusively in US immigration law. No. My PD is 2012 feb for eb3 category. EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. If you look at I-485 Inventory data, there are four countries (India, China, Mexico and . You are correct about 2800 issued per year. Q. If we do not grant the transfer request, we will adjudicate the Form I-485 application based on the petition associated with the Form I-485 application prior to the transfer request. 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. This could make 2018 current for EB2/eb3 and they should be able to file for EAD. Since, theres not enough applicants from other counties, we have another Category of Country Rest of the World (ROW). Per the following link, as of November 2018 there are only 876 EB1 pending applicants. Divided by pending I-485 petitions will give a realistic estimates. *The numbers in the brackets designate the amount of movement in the final action date for that particular category compared to the previous month. As per immigration law, the number of available visa quota is controlled by the Department of State. My priority date eb2 2013 Jan, Can u please tell when it will be current? Why does USCIS not review its records and make the decision for the applicants? It hurts dont it, stop doing this, realize that we all are being taken advantage in this country, there is no race that is as successful as Indians but treated as shit in US, because folks like you who hate there own brethren , why will anyone respect Indians when we dont ourselves. Unless any lawsuit changes this stance, Indians are in for a big shock. To better control the demand, DOS introducedFinal action Dates and Filing Dates for I-485 to figure out the Visa Demand. Does it usually end up having unused visas? EB3 does not spill over to anyone as per our understanding. Thanks Raghu for the analysis.. 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