My category retrogressed or a Final Action Date was applied. Im expecting both EB2 and EB3 will move in parallel going forward and EB3 will retrogress as I-485s are filed due to Filing Dates being in advance. While your I-485 application for adjustment of status is pending, you are eligible to seek certain benefits, among which are: Please note that USCIS is making every effort to reduce processing times for employment authorization and advance parole applications. Why has DOS retrogressed (set back) certain Final Action Dates or applied new Final Action Dates in the Visa Bulletin for October 2022? (Added 10/26/2022). (Updated 10/26/2022). Hi Ash Prab, Therefore, any unused family-based visas get added to the EB categories. EB-1, EB-2, and EB-3 each receive 28.6% of the overall limit, and EB-4 and EB-5 each receive 7.1% of the overall limit. For example, in the October 2022 Visa Bulletin, EB1 is Current for all countries of chargeability, indicating that the exception applies (based on reasonable estimates) and that visas in that category are being issued without regard to the per-country numerical limitation, benefitting applicants chargeable to India and China. side? SEND PRIVATE MESSAGE. (Added 10/26/2022). Expert Witnesses Please note that with the enactment of the EB-5 Reform and Integrity Act of 2022 on March 15, 2022, Congress established special rules for the carryover of some unused EB-5 visas from one fiscal year to the next. Employment-Based Philippines uses fewer EB1 and EB2 as well. excellent analysis. EB1 ROW has PD (Feb 2020 VB is DE 1, 2018), so there will be no spillover coming to EB1 India until that clears. For more information about when a visa is considered available for CSPA purposes as well as other details about CSPA, please seeVolume 7, Part A, Chapter 7 of the USCIS Policy Manual. PTs, OTs, etc. 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? When do you think my date will become current ? If I have more than one pending application for adjustment of status, and USCIS approves one of them, what does it do with the others? Congress explicitly directs DOS to make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within [the family-sponsored, employment-based and diversity categories] and to rely upon such estimates in authorizing the issuance of visas. See INA 203(g). Social Group If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. A. Will EB2 India reach Dec 2014 by Sep 2023 bulletin? 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. Visa Bulletin Predictions; More . 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. I-864 EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. November 2022 Visa Bulletin Predictions: Green Card Limit, Priority Date, Spillover | US ImmigrationWe are dedicated to providing you with the current and mo. As you look at the numbers below, heres how Im getting the Numbers: So, EB4 had a maximum of 9,940 for FY 2017. 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. Keep this date handy since you will need it to compare to the dates in this bulletin. Q. PO Box 660834 EB3 India getting spill over from EB3 ROW (about 3,500) and get total more than 6K. green card spillover 2022 predictions. Why did many adjustment of status applicants see the status of their applications change to Case Was Updated to Show Fingerprints Were Taken in the USCIS Case Status Online tool in early FY 2023 when they had provided biometrics months earlier? Lets look at each category with available Cap per year. We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023. Please see August 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. 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. EB3 may only reach end of 2013. Q. USCIS had told the court in 2022 that the dates for EB2 should not be retrogressed and will stay current if they were current in July 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. 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. What categories benefit from the estimated 57,000 unused family-sponsored visa numbers added to the employment-based annual limit? 2023 AM22Tech| 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! USCIS understands that there are some misconceptions about this topic, and states again that this special exception to the per-country levels applies (if the statutory criteria are met) in any quarter of a fiscal year, not just in the fourth quarter. US Citizenship Test It happened this year (Oct 2020) as well, with EB priority dates, especially for There is a spillover clause from EB to FB category as well but it is more complicated and rarely result in spillovers. Free shipping for many products! 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. EB3 does not spill over to anyone as per our understanding. Adjustment of Status any chance for aug 2011 EB3 to become current or atleast get EAD in a year or so? Congress has established statutory provisions that allow for the flow of visas not required in certain employment-based categories to be made available to applicants in other employment-based categories. . Their clothes, dressing sense, food habits, TV shows they watch all are purely Indian. Does retrogression affect my priority date or place in line for an immigrant visa? In other words, the principal applicant or derivative spouse may never use their childs country of birth for cross-chargeability. We see no change since the February 2023 Visa Bulletin. 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. Finally, for EB-3 Other, we see Mexico, the Philippines, Central America, and the rest of the world remain at February 1, 2020. No. parent green card, sibling green card, Visa Bulletin. 2018-Nov: A. Why does USCIS not review its records and make the decision for the applicants? 2023 VisaNation, Inc. All Rights Reserved. So in that case during fiscal year 2021 (i.e Oct 2020 to Sep 2021) FB GCs won't be issued for atleast 6-7 months (immigration ban and consulate delays). Under INA 201(d)(2), the unused family-sponsored visa numbers from the previous fiscal year are added to the overall employment-based limit. EB-4 Certain Special Immigrants: 7.1% of the worldwide level. Denaturalization Please check this blog and update yours so more people are educated . A. EB1, EB2 and EB3 = 7% of 40,040 = 2,803. It is working. Why is such a big difference. The decision to grant a transfer request is made in the discretion of USCIS. 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. USCIS indicated to use the Dates for Filing Chart, H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. Once current, you will adjust your status or go through consular processing. The chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category. F-1 Unmarried Adult Sons & Daughters of US Citizens, Mexico No Movement Q. We will update these tables as we get more data from USCIS or DOS. Possible Spillover From Family-Based Green Cards. What is the source for this? Yes. All countries in the F-2A category are current. Green cards that originate in the family-based system, rolled over to employment-based because they went unused, and then attempted to roll back to family because they are unused again, can be wiped out by the formula. It's FREE to register! 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. I have a Green Card Guide, that includes the analysis (available for purchase). What say? $3.99 + $1.00 shipping. You have probably heard about EB5 for H1B Visa. EB-5 Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. 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. H-1B News F3 Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. 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. I agree. I will analyze the data to get further insights. Mexico stayed on June 15, 2001, and the Philippines remained on November 8, 2003. 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.
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