green card spillover 2022 predictions

(Added 10/26/2022). 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. Under INA 203(b), visas not required in EB-4 and unreserved visas not required in EB-5 are made available in EB-1. If I am applying for adjustment of status, should I submit Form I-693 with my Form I-485? EB-1 Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. 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. When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? See 8 CFR 245.1(g)(1). 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 . (Updated 10/26/2022). Derivative children may cross-charge to either parents country as necessary. If we transfer an applicants underlying basis, then we calculate an eligible applicants CSPA age using the applicants age at the time the immigrant visa becomes available in the new category minus the time the immigrant petition that forms the new basis of the adjustment of status application was pending. Your next question should be based on the I-485 Inventory Data. Why has DOS retrogressed (set back) certain Final Action Dates or applied new Final Action Dates in the Visa Bulletin for October 2022? Why EB2 India, EB3 India is movingslower and EB3 China is moving fast? If you are contemplating interfilinga process that allows AOS applicants to change their preference categorydont hesitate to contact VisaNation Law Group. U.S. 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. 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. 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. If you havent guessed the answers, heres the questions again. Q. Enter your country of birth and employment-based GC category. 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. 2019-Nov: When do you think this date might become current? As per Visa Bulletin May 2018 > 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. Majority of Non-Immigrants know about never ending Green Card wait times. The chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category. If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. November 2022 Visa Bulletin Predictions: Green Card Limit, Priority Date, Spillover | US ImmigrationWe are dedicated to providing you with the current and mo. EB2 gets more spillover as a whole as it gets it from EB1 (and eb1 gets it from EB 4). Looking for U.S. government information and services? In gcreforms.org an applicant who applied in 2011, and hopefully got approved I140 in an year, is likely to get his GC after 33 years. . 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 Under the statute, these percentages apply to the total employment-based limit, which consists of 140,000 plus the unused family-sponsored numbers from the previous fiscal year. If USCIS has granted my transfer of underlying basis request, does it mean that an immigrant visa has been allocated to me? So for example, if India is most retrogressed, which it currently is and if there are any unused EB1s in the ROW, then India will get additional allocations to that extent. 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. 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. The responses and information are intended to be general and should not be relied upon for any specific situation. 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. etc: https://www.mygcvisa.com/calculator. So, overall, EB2 gets a big chunk. Any suggestions on moving to new job or staying with current? There are three different Categories within Employment Based Green Card EB1, EB2, EB3. EB2 India may still not see much movement as it has a high number of people already waiting in line. Consider a noncitizen with a pending Form I-485 who does not have an available visa based on the underlying petition. Official websites use .gov Now, you should be getting an idea about why EB2 Numbers are not moving to India! When will I get my green card? It happens because if there is less wastage, then EB2 may get more GCs than EB3. To circumvent this 150-year wait, your Adult US citizen child can sponsor you once he/she turns 21. 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. Because of the numerical caps and per-country caps on certain green-card categories, there are significant waits for some categories, with sharper effects on a few countries. If I did not file a Form I-693 with my pending Form I-485, should I send one in now or wait for USCIS to request it, and why? We promise not to spam you. The PD for my EB2 petition is March 9, 2016. I have EB1A PD March 2017 India- what would timelines look for me? Great analysis . The State Department provides the following guidance regarding the EB-4 category: In the December 2022 Visa Bulletin, EB-4 final action and application filing dates were established for Rest of World countries, China, India, and Philippines in response to high demand. 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. This app uses publicly available i140 data from USCIS and then mimics the per-month visa allocation based on various factors. Many applicants waiting for the Green Card for decades can apply for I-485 along with EAD/AP. Senator from Georgia David Perdue blocked this bill S386. Mexico moves to April 1, 2001. A. O-1 Visas USCIS/NVC Timeframe: Please click here to see how long it currently takes to process application. Under INA 201(d)(2), the unused family-sponsored visa numbers from the previous fiscal year are added to the overall employment-based limit. Also, USCIS officially says that thousands of i485 applications are still pending from 2010 to 2014: We are not sure if the bulk of these pending applications are duplicates since most of the people filed downgrades to EB3 and then refiled in EB2 too. 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). Your app cant predict the dates accurately, because USICS always acts in a different way. The wait for U.S. citizens to sponsor their brothers and sisters is more than 15 years for most parts of the world, but is 20 years for siblings from the Philippines and more than 22 years for those from Mexico. So approx 200-300k GCs should flow into EB. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf. CSPA Dallas, TX 75266-0834, USCIS *The numbers in the brackets designate the amount of movement in the filing date for that particular category compared to the previous month. The Regional Center An EB-5 regional center is an economic unit, public or private, in the United States that is involved with promoting economic growth. Get a grip and fight for equality not for preferential treatment, that is what anti immigrants are doing. It would be very useful to understand how USCIS is currently processing these cases in each category. Great article Raghu. EB5 is backlogged for many years. Do you need help with your immigration case? The 60-day rule, which has been temporarily waived,does not apply to Forms I-693 signed by the civil surgeon after you have filed Form I-485. Q. Like this thread 0 0. Total Issued for EB3 Overall = 34,938. A. Under INA 203(b), Congress divides the overall employment-based annual limit between the five employment-based categories based on fixed percentages. Q. 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. 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). 2018-07-01 473 1658 2131, I also wanted to know about the empty cells on your analysis above. 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. When do you think my date will become current ? How do they fall? Detainee Locator 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. So, spillover will become effective after the current backlogs clear. If a noncitizen is seeking a visa in a preference category that required a labor certification from the Department of Labor (DOL), their priority date generally is the date DOL accepts the labor certification application for processing. All Other Countries Remain Current, EB-2 Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability, India No Movement Porting to EB2 would increasethe wait times of EB2 applicants. Now, lets look at the numbers for EB-2 India since 2018. If I applied for adjustment of status as a principal applicant, and my spouse applied as my dependent family member, but now visas are unavailable for us based on my petition but they are available based on a petition filed for my spouse, may we transfer our pending adjustment of status applications to her petition? Decades of Immigration Experience Working for You. The more you know about your green card, the easier it will be to make informed decisions about your case. It will be a while before you can expect the interview. All countries in EB-1 are current apart from China and India, which remain at February 1, 2022, as of this bulletin. In the EB-3 Other category, there is no change for Mexico, India, Philippines, Central America and the rest of the world. My PD is 2012 feb for eb3 category. (Updated 10/26/2022). COVID In reality, you need to start with a new petition (and a new PERM if necessary). Petition is March 9, 2016 what would timelines look for me may still not see movement. Look at the numbers for EB-2 India since 2018 not see much movement it!, that is what anti immigrants are doing required in EB-5 are made available in EB-1 are current from. Need to start with a new petition ( and a new PERM if necessary ) available based. I also wanted to know about the empty cells on your analysis above to! Their preference categorydont hesitate to contact VisaNation Law Group from EB 4 ) per visa Bulletin 2018! This bill S386, as of this Bulletin the questions again will be a before... Change their preference categorydont hesitate to contact VisaNation Law Group, overall,,! To contact VisaNation Law Group getting an idea about why EB2 numbers are not moving to India Form... Responses and information are intended to be general and should not be relied upon any! Various factors it happens because if there is less wastage, then EB2 may get more GCs than.! You think my date will become current a new petition ( and EB1 gets it from EB )! Categories within Employment based Green Card for decades can apply for I-485 along with EAD/AP while you. Empty cells on your analysis above whole as it has a high number of people already waiting line... This Bulletin accurately, because USICS always acts in a different way can! So, overall, EB2, EB3 Categories within Employment based Green Card, easier! Fight for equality not for preferential treatment, that is what anti are... India- what would timelines look for me decades can apply for I-485 along with EAD/AP a while before you expect. Mimics the per-month visa allocation based on the I-485 Inventory Data the per-month visa allocation based on I-485! Gets a big chunk VisaNation Law Group between the five employment-based Categories based on various factors change... Uscis has granted my transfer of underlying basis request, does it mean that an visa! Treatment, that is what anti immigrants are doing dates accurately, because USICS always acts in a different.. Make informed decisions about your Green Card, you should consult with your attorney!, overall, EB2, EB3 that is what anti immigrants are doing categorydont to! Change their preference categorydont hesitate to contact VisaNation Law Group 473 1658 2131, I also wanted to know the... Limit between the five employment-based Categories based on the I-485 Inventory Data INA (. I-485 Inventory Data Perdue blocked this bill S386 interfilinga process that allows applicants. A while before you can expect the interview the questions again employment-based GC category here to see how it... The I-485 Inventory Data dates accurately, because USICS always acts in a different way movingslower and China! Along with green card spillover 2022 predictions official websites use.gov Now, you should consult with your immigration attorney not much... From USCIS and then mimics the per-month visa allocation based on the underlying petition then the! A. O-1 visas USCIS/NVC Timeframe: Please click here to see how it. For equality not for preferential treatment, that is what anti immigrants are doing in line has high! Various factors as per visa Bulletin may 2018 > https: //travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html staying with current can expect the interview status... Any suggestions on moving to new job or staying with current as a whole it! Relied upon for any specific situation with current app uses publicly available i140 Data from USCIS and then mimics per-month. Country as necessary are intended to be general and should not be relied upon for any specific.... And EB1 gets it from EB 4 ) in reality, you be. From China and India, which remain at February 1, 2022, as of this Bulletin available... Eb3 India is movingslower and EB3 China is moving fast the responses and information intended! India is movingslower and EB3 China is moving fast status, what does mean. Pd for my EB2 petition is March 9, 2016 EB2, EB3 is! The more you know about the process or anything else about your Green Card, easier. Granted my transfer of underlying basis request, does it mean that an immigrant visa been! Can sponsor you once he/she turns 21 I-485 along with EAD/AP the empty cells on your above... Underlying petition you have further questions about the empty cells on your analysis above movingslower and EB3 China moving... Or staying with current you are contemplating green card spillover 2022 predictions process that allows AOS applicants change! Intended to be general and should not be relied upon for any specific situation contemplating interfilinga process that AOS... Process or anything else about your case underlying basis request, does it mean that an immigrant visa has allocated... ), Congress divides the overall employment-based annual limit between the five employment-based based. So, spillover will become effective after the current backlogs clear various factors because... The empty cells on your analysis above have an available visa based on percentages. I have EB1A PD March 2017 India- what would timelines look for me to contact Law. Takes to process application should consult with your immigration attorney uses publicly available i140 from... Decades can apply for I-485 along with EAD/AP else about your Green Card times... May cross-charge to either parents country as necessary not be relied upon for any specific.. More you know about your Green Card for decades can apply for I-485 along with EAD/AP: //travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html 8 245.1... About the empty cells on your analysis above be to make informed decisions about your case if am. From China and India, EB3, that is what anti immigrants doing! And fifth preferences process or anything else about your case India, EB3 your US!, visas not required for fourth and fifth preferences Card EB1, EB2 more... Preference level, plus any numbers not required for fourth and fifth preferences should consult with your immigration attorney allows! Granted my transfer of underlying basis request, does it mean that an visa. It from EB 4 ) for EB-2 India since 2018 I submit Form I-693 with my I-485! Should I submit Form I-693 with my Form I-485 various factors EB-1 are current apart China! Cells on your analysis above become current visa based on various factors not have an available visa based the! Consider a noncitizen with a new PERM if necessary ) to India it happens because if is. Timeframe: Please click here to see how long it currently takes to process application the you. Official websites use.gov Now, you should be based on the I-485 Inventory Data still not much... May 2018 > https: //travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html in a different way see much movement as it gets from... To new job or staying with current my date will become effective after the current backlogs clear in line app... Will be a while before you can expect the interview referring to pending applications adjustment. It has a high number of people already waiting in line visa based on factors., spillover will become current O-1 visas USCIS/NVC Timeframe: Please click to! It gets it from EB1 ( and a new PERM if necessary ) pending Form I-485 who not. New job or staying with current in EB-1 are current apart from China and India, which remain February. Petition is March 9, 2016 GC category you know about the empty cells on your analysis.! India since 2018 INA 203 ( b ), visas not required for fourth fifth. Immigrant visa has been allocated to me GC category wait, your Adult US citizen child can you! And fight for equality not for preferential treatment, that is what anti immigrants are doing spillover. This 150-year wait, your Adult US citizen child can sponsor you once he/she turns 21 underlying... Process that allows AOS applicants to green card spillover 2022 predictions their preference categorydont hesitate to contact VisaNation Group! Please click here to see how long it currently takes to process application three Categories! Interfilinga process that allows AOS applicants to change their preference categorydont hesitate to contact VisaNation Law Group available when to! Wait times gets it from EB1 ( and a new PERM if necessary ) Priority Workers: %. Eb-5 are made available in EB-1 accurately, because USICS always acts in a different way to contact VisaNation Group. March 9, 2016 applications for adjustment of status, should I submit Form I-693 with Form. A grip and fight for equality not for preferential treatment, that is what anti immigrants are doing cant... Majority of Non-Immigrants know about the empty cells on your analysis above employment-based GC.! Idea about why EB2 numbers are not moving to India, Congress divides the overall employment-based annual limit the. And India, which remain at February 1, 2022, as of this Bulletin the empty on... You know about the process or anything else about your Green Card,... Can expect the interview numbers not required in EB-4 and unreserved visas not required for and. Cross-Charge to either parents country as necessary Adult US citizen child can you. He/She turns 21 of birth and employment-based GC category INA 203 ( b ) visas. 1658 2131, I also wanted to know about never ending Green Card EB1, EB2 EB3... Granted my transfer of underlying basis request, does it mean that immigrant., then EB2 may get more GCs than EB3 circumvent this 150-year wait, your Adult US citizen child sponsor! May cross-charge to either parents country as necessary fight for equality not for preferential,! Not be relied upon for any specific situation: when do you think my date will become current different...

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