Retrogression does not affect your priority date or your place in line for an immigrant visa. NVC 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. A. Q. 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. What does a Case Remains Pending message mean in the USCIS Case Status Online tool? The contents in the channel is for informational purpose only collected from Various public domains. Central America remains at March 15, 2018. I have one question though. In the F-1 category, China, India, and all other countries of chargeability remain at August 8, 2016. In the employment-based preference categories, a childs age under theChild Status Protection Act (CSPA)is the childs biological age at the time of visa availability less the amount of time that the underlying petition was pending, but only if the child sought to acquire status as a lawful permanent resident within one year of the date a visa is available. https://www.mygcvisa.com/ tracker/. Can Aug 2011 eb3 become current in 2019? Theres Top to Down spillover EB2 to EB3 (which is dried out). Great article. More Options: If you are new to immigration process or would like to see what other immigration options are available, please If there are sufficient [remaining visa] numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered Current. See DOSs The Operation of the Immigrant Numerical Control System (PDF). Q. why dont you guys start work on changing the rule instead of asking when will I get my GC ? Free shipping for many products! Since, theres not enough applicants from other counties, we have another Category of Country Rest of the World (ROW). In addition, China remained on June 8, 2019, while India was on October 8, 2011. For the second question, you should be following the Report from Department of State. Q. As per this figure, the number of EB2 Visa issued for Indian Nationals came down drastically from FY 2014. From Annual Numerical Limits FY 2018 Data. You can watch the Q&A from June 2018 event and Full Session from Oct 2018. Q. EB Green Cards But if the green cards for family based . (Added 10/26/2022). You can even search around on Google to find How EB Spill Over works. Parents may not cross-charge to a childs country. A. USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to maximize the issuance of visas. All Other Countries Slight Retrogression, F-2B Unmarried Adult Sons & Daughters of LPRs, F-3 Married Adult Sons & Daughters of US Citizens, NUMBERS FOR THE FAMILY-BASED PREFERENCE CATEGORIES. If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. It is working. Vs EB1 will move if and when theres spillover coming from EB4 and EB5. 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. Green Card applicants in EB3, would have gained enough experience and become eligible for EB2. For the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world are current. In the case of theOctober 2022 Visa Bulletin, without aretrogressionof the Final Action Date for India EB-2, visa use by the two agencies would likely exceed the available visas within the first few weeks of the fiscal year, in violation of the statute. If a noncitizen has become a lawful permanent resident, USCIS would deny any other pending adjustment of status applications. OP. 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. China remained on July 8, 2019, and India stayed on May 1, 2012. EB Green Cards Social Group Adjustment of Status So, if there is less wastage overall, the EB2 will win in the long run. 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. Number use and demand in this category have continued to increase, which necessitates further retrogression of the final action dates and application filing dates for Rest of World countries as well as China, India, Mexico, and Philippines, to hold number use within the maximum allowed under the Fiscal Year2023 annual limit.. Also, my PD is Jan, 2010 under EB2. Does retrogression affect my priority date or place in line for an immigrant visa? The first way is to file an I-140 for a green card and chargeability area with a current priority date. October 2022 Visa Bulletin Predictions.Possible Spillover FB Green Card to EB | Benefit for I-485#visabulletin #uscis #greencard The USCIS normally strives t. Employers When USCIS adjudicates a principal applicants adjustment of status application, does USCIS also adjudicate the adjustment of status applications of the dependent family members? Even I want to know why those are empty. Why did China only get 2,348 while South Korea got 3,290 and Philippines got 6,492? excellent analysis. Will HR-1044 (if it becomes a law) do any good for EB2 India? My Account. Dallas, TX 75266-0834, USCIS It will take a while time to explain why the cells are empty . O-1 Visas There are hundreds of thousands of people waiting employment-sponsored green cards. Like this thread 0 1. Great article Raghu. What say? Q. Your email address will not be published. How does the transfer of underlying basis request process work? . 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. The S386 Bill: Fairness for High-Skilled Immigrants Act of 2019 aka Country Cap Removal for Employment-Based Green Card Bill. Chinas wait-time is like 14 years and India is around 8 years. In the EB-3 Other category, there is no change for Mexico, India, Philippines, Central America and the rest of the world. (Added 11/17/2022). 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. EB-3 Other for China advances to July 1, 2014. AFAIK USCIS does the vertical spillover first and for each country separately, before doing the horizontal spillover. Simple Math = 2800 visas per year per category. Your priority date should be before this date. And are there any restrictionson types of business that qualify for EB5 Visa? This will give you a Green card immediately as there is neither any yearly limit nor any priority date waiting for immediate relatives of US citizens. Thequarterly reportsdo not include the visas issued by our partners at DOS, and they include 4th preference employment-based categories under other. Thequarterly Legal Immigration and Adjustment of Statusreports published by the DHS Office of Immigration Statistics include adjustments of status but capture immigrant admissions at ports of entry rather than immigrant visa issuance by DOS, and as a result do not reflect year-to-date visa use. A. Why does that happen? A. 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? It then, in collaboration with USCIS, reviews the pending inventory of adjustment of status and immigrant visa applications, makes reasonable estimates of new applications, estimates how many of the pending and newly filed applications are likely to result in visa use during the fiscal year, and compares those values to the available visas. Under INA 203(b), Congress divides the overall employment-based annual limit between the five employment-based categories based on fixed percentages. Any clue? You read it right. It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. A. 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. Like this thread 0 0. Enter your country of birth and employment-based GC category. Expert Witnesses USCIS/NVC Timeframe: Please click here to see how long it currently takes to process application. Q. To circumvent this 150-year wait, your Adult US citizen child can sponsor you once he/she turns 21. The time that it will take you to get a green card depends on the category of your petition and your country of birth. In other words, the principal applicant or derivative spouse may never use their childs country of birth for cross-chargeability. U.S. Immigration law allows foreign nationals to obtain Green Card (aka Permenant Residency in the USA) through Employment. A. Q. By the end of this article, you will have a clear understandingof how EB Spillover Rules work. USCIS has not clarified this in the court filing. What I meant was when the wastage is 50% it shows my pd in 2014 as reachable in Aug 2022 but if I put it as 25% wastage then it shows it reachable in May 2023. Both EB2 and EB3 India will take several years. My husband is on EB1 and our priority date is Feb 2018 and I am his dependent. Number use and demand has been higher than anticipated at the start of this fiscal year, so further retrogression has become necessary. If USCIS grants my transfer of underlying basis request, will USCIS consider my eligibility for adjustment of status on both bases? Prediction for Oct 2023 . EB1 ROW has PD (Feb 2020 VB is DE 1, 2018), so there will be no spillover coming to EB1 India until that clears. 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. (Updated 10/26/2022). Oct 2018 content is improved and answers readers questions from Session 1. Pending adjustment of status applications it becomes a law ) do any good for EB2 and..., and the Rest of the World are current 4th preference employment-based categories under.. 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