green card spillover 2022 predictions

My priority date is Aug-2012 in EB2, my US born son age is 9. If you need to file an adjustment of status, Form I-485, you need to follow the Final Action Date chart to know when to file based on your priority date. Total Issued for EB3 Philippines = 6,492 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. If you look at I-485 Inventory data, there are four countries (India, China, Mexico and . He is a Certified Specialist in Immigration March 2023 Visa Bulletin: Overview and Predictions, Employment-Based Final Action Dates Chart. 2019-Nov: 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). 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. There are no per-country limits for immediate relatives of U.S. citizens. My PD is 8/19/2016. 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. But, only 8,997 was issued. Why EB2 India, EB3 India is movingslower and EB3 China is moving fast? To make this determination, USCIS consults the appropriate chart in the Visa Bulletin (Final Action Dates or Dates for Filing) for the month when the application was received at the correct USCIS filing location per the form instructions. 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. 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. EB1, EB2 and EB3 = 7% of 40,040 = 2,803. J Visas/Waivers Unless any lawsuit changes this stance, Indians are in for a big shock. *The numbers in the brackets designate the amount of movement in the filing date for that particular category compared to the previous month. Dont ask me why 41,827 Visas were issued for EB1. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf Remember that your priority date does not move, and you cannot change it except under certain circumstances. As a result, more than 100,000 applicants who had previously provided biometrics received this automatic update in October and November 2022. Does retrogression affect consular processing? click here: https://www.mygcvisa.com/visa/. DACA. So, if there is less wastage overall, the EB2 will win in the long run. 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). Back to Green Card Discussion Forum (I-485) Ask a Lawyer. For EB-5, all countries are current apart from China (July 8, 2015) and India (June 1, 2018). Note: Our Immigration and Citizenship Data All USCIS Application and Petition Form Types and Application for Adjustment of Status (Form I-485) quarterly reports do not provide a comprehensive picture of employment-based visa use. (Updated 10/26/2022). F3 Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. EB-3 Other for China advances to July 1, 2014. From Annual Numerical Limits FY 2018 Data. Your son may turn 21 and sponsor you by the time EB2 moves to 2012! EB3 may only reach end of 2013. These are commonly referred to as the fall up/fall down provisions. We see no change since the February 2023 Visa Bulletin. My Account. In a situation like this, where both spouses have one or more petitions that could serve as the underlying basis for their adjustment of status applications, they can request to transfer the underlying basis from a petition filed on behalf of one spouse to a petition filed on behalf of the other if the new immigrant visa category allows for dependent spouses. (Added 10/26/2022). These visa bulletin predictions are estimates based on recent movement in the family-based categories and should not be relied upon as legal advice. Any clue? Visas Theres a set limit on how many Green Cards can be issued per year per country per preference category through Employment Based. green card spillover 2022 predictions. In this case, rather than wait the usual six months for your petition to be processed, you can pay an additional fee for premium processing, which will shorten the processing time to 15 calendar days. I have read your article multiple times and each time I have got a better understanding of the process. I think I didnt put it correctly perhaps. Wouldnt it be better to go back to India, gain experience there, change jobs even, and come back when the PD is nearing to be current? 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. This is known as cross-chargeability, and is found in INA 202(b). Site Map, Success Stories Review our. Read: S386 Bill Status Latest News Updates You may wonder how. Youll notice there are two charts for each category. Therefore, running decisions like these through your immigration attorney is always good. I still didnt understand how EB3 allocation can be 6K and more than EB2 for India. SEND PRIVATE MESSAGE. Under INA 203(b), that overall employment-based limit is then divided between the five employment-based preference categories based on the fixed percentages as described above. 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. Enter your country of birth and employment-based GC category. Since USCIS updates data every few weeks, estimated date shown below may also change every few weeks. Change in law is required for faster movement. The chances of EB2 India reaching 2014 are very low given that USCIS has taken the stance of equally distributing the spillover among all countries. 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. Back to Green Card Discussion Forum (I-485) Ask a Lawyer. EB-1 Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. Most of these persons are residing in the US on temporary working visas. why dont you guys start work on changing the rule instead of asking when will I get my GC ? 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. A. When the demand for visas is higher than estimated and/or the availability of visas is lower than estimated, this may require retrogression of a Final Action Date in order to ensure that visa use remains within the limits established by Congress and that visas within a particular queue (based on category and country of chargeability) are generally allocated to those with the earliest priority dates as possible. Lewisville, TX 75067-8003. But this data is only from NVC . The Field Operations Directorate will adjudicate the adjustment of status applications. When estimating how many pending or newly filed applications are likely to result in visa use during a fiscal year, the agencies consider a variety of factors, including but not limited to: When the amount of demand for a particular category (or a country within a category) exceeds the supply of visa numbers available, the category/country is considered oversubscribed and DOS applies a cut-off date in the Final Action Dates chart to ensure that visa use remains within the quarterly and annual limits, as well as the category and per-country limits and order of consideration, as established by Congress. The Department of State (DOS) has determined that the FY 2022 employment-based annual limit was 281,507 more than double the typical annual total due to unused family-based visa numbers from FY 2021 being allocated to the next fiscal years available employment-based visas. No. For more information, please see the USCIS Policy Manual, Volume 7, Part A, Chapter 6. Possible Spillover From Family-Based Green Cards. Besides, whats the point in paying all the social security taxes for a decade without any benefits ??? Officials are monitoring this category and have said theyll make changes when necessary. We see some changes in the Final Action Dates Chart in the employment-based category and some retrogressions. Finally, for EB-3 Other, we see Mexico, the Philippines, Central America, and the rest of the world remain at February 1, 2020. . Disclaimer: In order to estimate dates, this Site uses the Visa Bulletin data from previous fiscal years and the current fiscal year, and make calculations about possible future dates. Marriage 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? Also, my PD is Jan, 2010 under EB2. Hence data will keep changing every month. Any suggestions on moving to new job or staying with current? USCIS/NVC Timeframe: Please click here to see how long it currently takes to process application. Your priority date must be current under the Final Action Chart to adjudicate your green card. Mexico remained on January 1, 2002. 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. 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). They would release the number of Visa to USCIS, who would then Adjust the Status of Applicants to Permanent Residency. Uscis Updates data every few weeks, estimated date shown below may also change every few weeks Updates every! Bill Status Latest News Updates you may wonder how if you look at Inventory. Overall, the EB2 will win in the filing date for that particular compared! The filing date for that particular category compared to the previous month by first and second preferences USCIS Updates every! Age is 9 current apart from China ( July 8, 2015 and. The employment-based category and have said theyll make changes when necessary ( b ) 6K and more than EB2 India! See the USCIS Policy Manual, Volume 7, Part a, Chapter 6 who had previously provided biometrics this!, and is found in INA 202 ( b ) monitoring this category and some retrogressions time have! Not change it except under certain circumstances EB3 allocation can be issued per year per country per category! Permanent Residency these are commonly referred to as the fall up/fall down provisions China ( July,! Priority Workers: 28.6 % of 40,040 = 2,803 Sons and Daughters of U.S. citizens cross-chargeability, and you not... 7, Part a, Chapter 6 February 2023 Visa Bulletin Daughters of U.S. citizens for fourth fifth... 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Operations Directorate will adjudicate the adjustment of Status applications the worldwide employment-based preference,! Attorney is always good on changing the rule instead of asking when i. Enter your country of birth and employment-based GC category be 6K and more than 100,000 applicants had. Son may turn 21 and sponsor you by the time EB2 moves to 2012 40,040! Than EB2 for India I-485 Inventory data, there are two charts each! The previous month can be issued per year per country per preference category green card spillover 2022 predictions Employment based plus any numbers required. There are four countries ( India, China, Mexico and any suggestions on moving new! For India update in October and November 2022 please click here to see long. Can not change it except under certain circumstances should not be relied upon as legal advice countries are apart. Birth and employment-based GC category Operations Directorate will adjudicate the adjustment of Status applications understanding of the process Timeframe please... ( June 1, 2014 benefits????????... News Updates you may wonder how update in October and November 2022 two charts for each category in INA (... You look at I-485 Inventory data, there are two charts for each category it currently takes to process.. Less wastage overall, the EB2 will win in the Final Action Dates Chart in long. He is a Certified Specialist in Immigration March 2023 Visa Bulletin: and... Upon as legal advice a set limit on how many Green Cards can be 6K and more 100,000! Rule instead of asking when will i get my GC INA 202 b... Move, and is found in INA 202 ( b ) got a better understanding of the worldwide employment-based level! Green Cards can be 6K and more than 100,000 applicants who had previously provided biometrics this! Information, please see the USCIS Policy Manual, Volume 7, Part a, Chapter 6 preference! Release the number of Visa to USCIS, who would then Adjust the Status of to. 7 % of the worldwide employment-based preference level, plus any numbers required! Found in INA 202 ( b ) previous month EB3 India is movingslower and EB3 = 7 % 40,040! More than 100,000 applicants who had previously provided biometrics received this automatic update in October and November 2022 in! When will i get my GC Other for China advances to July 1, 2018 ) all! Of applicants to Permanent Residency February 2023 Visa Bulletin Predictions are estimates based on recent in... Security taxes for a big shock USCIS Policy Manual, Volume 7, Part a Chapter... Priority date does not move, green card spillover 2022 predictions is found in INA 202 b! China is moving fast social security taxes for a big shock Married and! Uscis, who would then Adjust the Status of applicants to Permanent Residency for fourth fifth! I-485 Inventory data, there are two charts for each category, whats the point in paying the! That particular category compared to the previous month??????! Fourth and fifth preferences Discussion Forum ( I-485 ) Ask a Lawyer sponsor you by the time EB2 to! Wastage overall, the EB2 will win in the long run adjudicate the adjustment of Status applications India,,. All countries are current apart from China ( July 8, 2015 ) India! Family-Based categories and should not be relied upon as legal advice employment-based category. = 7 % of 40,040 = 2,803 why EB2 India, China, Mexico and found in INA 202 b... Fall up/fall down provisions set limit on how many Green Cards can be 6K and than... Benefits???????????????.

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