Q. Under the regulations, an immigrant visa in the family-sponsored and employment-based preference categories is considered available for accepting and processing the adjustment of status application if the applicant has a priority datewhich is earlier than the date shown in the [Visa] Bulletin for their country and category (or the Visa Bulletin shows that the category is current, that is, visa numbers are authorized for issuance to all qualified applicants). If you have already filed your i485 but have not submitted the medicals, we strongly recommend. There are three different Categories within Employment Based Green Card EB1, EB2, EB3. This notification was made automatically as a result of an internal update made to USCIS systems. There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. AFAIK USCIS does the vertical spillover first and for each country separately, before doing the horizontal spillover. Please advice. EB-1 Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. CSPA Mainland China remains on August 1, 2018, while India remains at June 15, 2012. The more you know about your green card, the easier it will be to make informed decisions about your case. spillover sharing details within EB categories in a really simple way, NABC (non-availability of birth certificate) to file the i-485 application, remove country-based GC limits with a law like S386, neither any yearly limit nor any priority date waiting for immediate relatives of US citizens. Lewisville, TX 75067-8003. mw. In the F-1 category, China, India, and all other countries of chargeability remain at August 8, 2016. A. 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. Out of 40,040 available for EB2, why did India get just 2,879. No. Vs EB1 will move if and when theres spillover coming from EB4 and EB5. You read it right. This situation will be continually monitored, and any necessary adjustments will be made accordingly.. All countries in F-2A are current. 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). This has been stated numerous times by Charlie Oppenheim, who is the head of the 'Visa Office' that makes the decision about the Visa Bulletin (you can listen to him talking about the family . (Added 10/26/2022). A. Have you wondered why the dates for EB2 India and EB3 India for Green Card are not moving and number of Green Card issued for EB2 India came from 23,000 to 3,000 in 3 years? Due to patterns we have seen in the past, the USCIS typically tries to narrow the gap between India EB2 and EB3 priority dates. In the F-2B category, China, India, and all other countries of chargeability remain at January 1, 2017. Your priority date should be before this date. 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. For EB-5, all countries are current apart from China (July 8, 2015) and India (June 1, 2018). I still didnt understand how EB3 allocation can be 6K and more than EB2 for India. The category for family-based immigration comprises four preference levels based on who your sponsoring family member is in relation to you. In the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world is current. Under INA 203(b), Congress divides the overall employment-based annual limit between the five employment-based categories based on fixed percentages. Remember that your priority date does not move, and you cannot change it except under certain circumstances. Hence it can use much more EB3 numbers : 6492 in 2017, 6588 in 2018. Heres the link to the REcorded Version with Bonus Contents http://geni.us/EBGreenCardProcess. The results are estimates and for your informational use only, and we specifically disclaim the accuracy of the information provided. You show a good explanation of the spillover but you missed the elephant in the room buddy! For the second question, you should be following the Report from Department of State. H-1B News Q. TN Visas. A. 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. 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. Thank you Raghu, please add your analysis based on 2018 Vs 2019 November data published by USCIS links below: The whole revocation of I-140 is another animal to deal with though. 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. China remains on September 1, 2018, and India remains on August 1, 2012. It would also help in estimating date movements in future visa bulletin. Share sensitive information only on official, secure websites. Due to years of wait, not everyone with approved I-140 would file for I-485. If green cards are unavailable, you will not see any movement from that final action date. Visa Bulletin Predictions; More . Through Parents (Updated 10/26/2022). Now you have an idea about how Employment Based (EB) Green Card Category Spill Over Works. ?,Due to my high school going kid , I need to look for options appreciate your response. Q. A. EB5 is backlogged for many years. But it gives earlier date when I put 50% wastage and a later date when I put 25% wastage. Besides, whats the point in paying all the social security taxes for a decade without any benefits ??? 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. For transfer requests accompanied by Supplement J submitted to this address at the Dallas Lockbox, we scan the documents, upload the Supplement J information into our systems (generating a receipt notice), and notify the office or service center that currently holds the related adjustment of status application that the scanned request is available in our electronic systems. 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. Well, I dont know the answer, but, I think, is because the Visa Demand and the numbers given by Department of State. The Final Action Dates chart determines when an I-485 or IV can be approved, while the Dates for Filing Chart determines when an applicant can file an I-485. Q. 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. For more information, please see the USCIS Policy Manual, Volume 7, Part A, Chapter 6. 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. The Dates for Filing chart determines when an applicant can file an I-485. Possible Spillover From Family-Based Green Cards. A. It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. EB3 may only reach end of 2013. South Korea uses fewer EB1 numbers. One-Year Rule, 2002 PresentEB CategoriesEB VideoFamily CategoriesTips for FB Cases CSPA. Oct 2018 content is improved and answers readers questions from Session 1. The answer is ZERO! Officials are monitoring this category and have said theyll make changes when necessary. Any suggestions on moving to new job or staying with current? Numbers of years vary (from 10 to 70 years). 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. If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. As you look at the numbers below, heres how Im getting the Numbers: So, EB4 had a maximum of 9,940 for FY 2017. My Priority Date is Oct 2015. When USCIS adjudicates a principal applicants adjustment of status application, does USCIS also adjudicate the adjustment of status applications of the dependent family members? If they go by actual i140 numbers, the app prediction will probably be a lot closer to reality. Therefore, any unused family-based visas get added to the EB categories. You can estimate dates based on your own understanding too. How many Visa did EB3 India get from EB2 Spill Over? A. Visas I thought eb3 will move faster compared to eb2 for 2019. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. (Updated 10/26/2022). Whats the estimated wait time? Its easy to schedule a legal consultation. I think I didnt put it correctly perhaps. ht. EB2 to EB3 Downgrade Process, Risks (Premium, Cover Letter) Indian EB2 vs EB3 green card priority date movement. Hi Your email address will not be published. Since USCIS updates data every few weeks, estimated date shown below may also change every few weeks. Based on Oct 2018 data, your Priority Date may become current around September 2021, As of Total Available per country (lets take two countries), Total Available for EB-2 for All Counties. USCIS i485 approvals up to Mar 31, 2021 You can see this official USCIS 2021 second-quarter data here. Now, you have read the Spill over math for EB2, it should be pretty easy to guess for EB3. They are all EB1-C geniuses who use a loophole in the system and come in as functional managers whatever that might be. How do you know that USCIS does spillover for each country individually first? (Added 10/26/2022). 2021-22 Panini Prizm Draft Picks Basketball Cello Pack **FACTORY SEALED** Cade. 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. many thanks. Here are the March 2023 Visa Bulletin Final Action dates for employment-based immigrant visas. Like this thread 0 0. A. This equates to over 290,000 employment-based green cards. Border Wait Times, Immigration Courts Through July 31, 2022, the two agencies have combined to use 210,593 . If a noncitizen has become a lawful permanent resident, USCIS would deny any other pending adjustment of status applications. 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). $3.99 + $1.00 shipping. EB3 may only reach end of 2013. From Annual Numerical Limits FY 2018 Data. A. 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