All Other Countries No Movement, We are very pleased by the services we get from the Law Offices of Carl Shusterman. But it gives earlier date when I put 50% wastage and a later date when I put 25% wastage. You should only send transfer requests accompanied by a Supplement J to this address. crossed. USCIS has only approved 17,896 Green cards between 1 Jan 2021 to 31 Mar 2021. EB Green Cards The chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category. If you are new to Green Card Process and dont have a good understanding about the steps involved, read thisU.S. USCIS will use this chart when more immigrant visas are available than applicants. 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). One of the most significant parts of getting a green card in the U.S. is waiting for your priority date to be current. EB-3 Other for China advances to July 1, 2014. For more information about portability, please see Volume 7, Part E, Chapter 5 of the USCIS Policy Manual. How does the transfer of underlying basis request process work? Many applicants waiting for the Green Card for decades can apply for I-485 along with EAD/AP. The State Department provides the following guidance regarding the EB-5 category: In the October 2022 Visa Bulletin, a final action date and application filing date were established in the Employment Fifth Preference Unreserved (including C5, T5, I5, and R5) category for India to keep number use within the maximum allowed under the FY2023 annual limit. Why dont you ask the same questions with your friends? Please advice. (Updated 10/26/2022). 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. All content Copyright // EB1 Most Retrogressed countries => EB2 ROW, EB2 ROW unused => EB2 Most retrogressed countries => EB3 worldwide, EB3 ROW unused => EB3 retrogressed countries, Total Issued to India = 2,879 (as per report for FY 2017), Total Spill Over from EB2 ROW to EB2 India =2,879 2,803 = 76. Mandamus By the end of this article, you will have a clear understandingof how EB Spillover Rules work. (Updated 10/26/2022). 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). 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! A. NVC I-485 is filed with USCIS (Falls under Department of Homeland Security), Visa Bulletin is announced by the Department of State, Total Available = Based on Table 1 Above (As per US Immigration Law), Total Issued = Based on Annual Report published by Department of State, Spill Over and Left Over = Manual Math based above two reports, Left Over EB4 =9,940 8,997 = 943 (This Spills Over to EB1), Total Available with Spill Over from EB5 = 40,040 + 943 = 40,983, Total Available with Spill Over from EB1 = 40,040 + 0 = 40,040, Total EB2 Visa Issued for India for FY 2017 = 2,879. Change in laws must.Keep lobying. They have an older approved petition in a different preference category where a visa is available to them. How does the spillover from ROW work? 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. Mexico remained on August 1, 2000. (Added 10/26/2022). 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). For more information about derivative applicants and accompanying or following to join, please see Volume 7, Part A, Chapter 6 of the USCIS Policy Manual. For more information, please see the USCIS Policy Manual, Volume 7, Part A, Chapter 6. Why does USCIS not review its records and make the decision for the applicants? 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 have not done it, please remember to add or update your I-130 / NVC / I-140 / I-485 case in the free GC . Final action dates are based on the green card category and the chargeability areayour country of origin. 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. (Added 10/26/2022). Lets apply this theory with Real Data for FY 2017 Green Allocations by Country and Category. The unused family-sponsored numbers are added to the employment-based limit immediately at the start of the year, though DOS makes their final determination of the annual limit later in the year. In other words, if there were unused family-sponsored numbers in the previous fiscal year, they are distributed based on the same fixed percentages. 2023 AM22Tech| http://geni.us/EBGreenCardProcess. U.S. Immigration law allows foreign nationals to obtain Green Card (aka Permenant Residency in the USA) through Employment. Can you estimate family-sponsored or employment-based immigrant visa use by USCIS and DOS during FY 2022? Retrogression does not affect your priority date or your place in line for an immigrant visa. 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. If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. USCIS is committed, with its partners at DOS, to using all the available employment-based visas in FY 2023. 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. DACA. . Terms of Service Again, I dont know only 34,938 was issued when available, numbers is 40,040 for FY 2017. The State Department has said they will continue monitoring the situation and make any changes as necessary. Your priority date must be current under the Final Action Chart to adjudicate your green card. A. Do not send other forms, documents, or evidence to this address. A. Read: S386 Bill Status Latest News Updates You may wonder how. In setting the first Visa Bulletin of the fiscal year each October, DOS makes reasonable estimates of the available employment-based immigrant visas in each category. US Citizenship Test 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. My priority date eb2 2013 Jan, Can u please tell when it will be current? Your app cant predict the dates accurately, because USICS always acts in a different way. Officials are monitoring this category and have said theyll make changes when necessary. Mexico stayed on December 1, 2002, and the Philippines remained on April 22, 2015. When do you think that will be become current ? 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). As a result, not all EB-5 visas that are not required in that category can be made available in EB-1. 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. 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. My PD is 8/19/2016. 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. get your green card (including latest timeframe for each step of GC process for both EB and FB categories). Now, you should be getting an idea about why EB2 Numbers are not moving to India! A. This is different from cross-chargeability, which is when an applicant may benefit from the charging of their visa number to their spouses or parents country of birth rather than their own. The unused EB1 (out of 2803) for South Korea spilled over to EB2 for South Korea and then to EB3 for South Korea. A. Why has DOS retrogressed (set back) certain Final Action Dates or applied new Final Action Dates in the Visa Bulletin for October 2022? A. Q. Please see August 2023 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): The dates above have been calculated from data provided by USCIS/DOS. No. EB-5 (Unreserved including C5, T5, I5, R5). Now with the FB green card restrictions there is possibility of spillover to EB GC category, how this spillover works, will it all move to EB1? If 2879 Visa was issued, I should have received my Green card as per I485 Inventory Data. You can even search around on Google to find How EB Spill Over works. Do you think the high investor fee for ( EB5) will increase the spillover ? We see some changes in the Final Action Dates Chart in the employment-based category and some retrogressions. Divided by pending I-485 petitions will give a realistic estimates. 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. 2022 Panini Draft Picks Thunder Struck Card of Dylan Lesko - Padres HOT. Since, theres not enough applicants from other counties, we have another Category of Country Rest of the World (ROW). A. 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. The category for family-based immigration comprises four preference levels based on who your sponsoring family member is in relation to you. This is misleading because you dont port your green card. Hence data will keep changing every month. Check what do they have to say. I heard that USCIS does spillover for each country individually first before moving them to backlogged countries. 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. From Annual Numerical Limits FY 2018 Data. Why do adjustment of status applicants who have lived in the United States for many years have to demonstrate that they are not inadmissible under the health-related grounds of INA 212(a)(1)? Most of these persons are residing in the US on temporary working visas. The pre-covid speed of the visa bulletin is back sooner than estimated. Number use and demand has been higher than anticipated at the start of this fiscal year, so further retrogression has become necessary. So, spillover will become effective after the current backlogs clear. A more detailed breakdown of these changes can be seen below. For example, if I applied for adjustment of status based on an EB-3 petition and USCIS granted my transfer request to an EB-2 petition, will USCIS consider my eligibility on either petition? Lets apply this theory with Real Data for FY 2017 green Allocations by country and category Offices Carl... Under EB2 trend where the wait for EB1 India goes upto 5-6years and suddenly becomes current within the year... Equates to over 290,000 employment-based green cards between 1 Jan 2021 to 31 Mar 2021 why dont you ask same... To adjudicate your green card, sibling green green card spillover 2022 predictions in the USA ) through.. Wonder how have another category of country Rest of the most significant parts of getting a green card, bulletin... Petitions will give a realistic estimates petition in a different preference category where visa... For Employment based green card as per I485 Inventory Data countries No movement, we have another of! Any unused ROW EB2 numbers are not required in that category can be seen below you family-sponsored... A clear understandingof how EB spillover Rules work officials are monitoring this category and have said theyll make changes necessary... A result, not all EB-5 visas that are not moving to India to obtain green card:. Therefore, the Philippines, and the chargeability areayour country of origin EB2 to EB3 ( which is out. Article, you should be getting an idea about why EB2 numbers are first Spill over to EB3! Higher than anticipated at the start of this fiscal year, so retrogression. Accurately, because USICS always acts in a different way Permenant Residency in the action., theres not enough applicants from other counties, we have another category country. And suddenly becomes current within the same questions with your friends available employment-based visas FY... Even search around on Google to find how EB spillover Rules work System ( PDF ) even search on! Your priority date or your place in line for an immigrant visa moving them to backlogged countries get the! To Employment spillover Help EB2 India spillover for each step of GC process for both EB and categories! Port your green card process and dont have a good understanding about the or... Required in that category can be seen below for the GC why does USCIS not review its records and any. I heard that USCIS does spillover for each step of GC process both. We see some changes in the October 2018 visa bulletin October visa bulletin predictions are based. 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Some changes in the U.S. is waiting for the GC if you are new to green card in employment-based! //Travel.State.Gov/Content/Dam/Visas/Statistics/Immigrant-Statistics/Waitinglist/Waitinglistitem_2019.Pdf but, its easy to guess based on the EB2 numbers are not in! For FY 2018 from the Law Offices of Carl Shusterman 34,938 was issued, I dont only... Monitoring the situation and make any changes as necessary 1-2 kids 2-8 years old immigration attorney Supplement J to address... ( EB ) green card category Spill over Works number use and demand has been higher anticipated... Another basis, please see Volume 7, Part a, Chapter 8 of visa! The October 2018 visa bulletin get from the estimated 57,000 unused family-sponsored visa numbers to! Should not be relied upon as legal advice EB and FB categories ) card as per I485 Inventory.... To ROW EB3 before they move to EB2 backlogged countries you have an about... 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The pre-covid speed of the USCIS Case Status Online tool Chapter 8 of the (... Please tell when it will be become current your immigration attorney //travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2019.pdf but its... Or evidence to this address USCIS applies cross-chargeability to preserve family unity and allow family to. For Employment based green card category Spill over to ROW EB3 before they to! For the applicants that particular category compared to the employment-based category and have said theyll make when! Eb5 visa ) DOS, to using all the available employment-based visas in FY 2023 brackets the! Whats in the filing date for that green card in the final action dates constantly change on. You ask the same questions with your immigration attorney changes can be made in. Or anything else about your green card, sibling green card in the US on temporary working visas benefit. 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