My priority date is Aug-2012 in EB2, my US born son age is 9. We do not presume to know whether an adjustment of status applicant would like to transfer their pending Form I-485 application from the petition on which it is currently based to a different petition. $3.99 + $1.00 shipping. They are also estimating that EB1 India will also get a restricted date starting Jan 2023 bulletin. To circumvent this 150-year wait, your Adult US citizen child can sponsor you once he/she turns 21. One-Year Rule, 2002 PresentEB CategoriesEB VideoFamily CategoriesTips for FB Cases CSPA. India No Movement (Added 10/26/2022). EB-5 Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. This is misleading because you dont port your green card. If you look at I-485 Inventory data, there are four countries (India, China, Mexico and . Enter your country of birth and employment-based GC category. 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. Check back at a later point. 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). In EB-2, Mexico, there are no changes cross the board since the last bulletin. The chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category. Why do the dates in the Visa Bulletin sometimes retrogress? Videos You can stay up-to-date with Visa Bulletin by subscribing to our Free E-Mail Newsletter. To better control the demand, DOS introducedFinal action Dates and Filing Dates for I-485 to figure out the Visa Demand. My question is what happens to unused EB3 numbers? Thanks for the feedback. Change in law is required for faster movement. 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. As attractive as porting might seem, it is a delicate process with particular requirements. 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 demand for visas for adjustment of status depends on the response of noncitizens to the Visa Bulletin and the demand for immigrant visas depends on the response to the DOS Welcome Letter issued by the National Visa Center. Since EB2 is already so much backlogged, it may never send any spill to EB3. My Account. Q. (Updated 10/26/2022). 121 Business A. Under that exemption, USCIS may grant additional periods in H-1B status in increments of up to 3 years for a noncitizen who currently maintains or previously held H-1B status, who is the beneficiary of an approved EB-1, EB-2, or EB-3 immigrant visa petition, and who is eligible to be granted LPR status in one of those categories but for the application of the per country limitation. Now, lets look at the numbers for EB-2 India since 2018. Jobs & Visas If USCIS has granted my transfer of underlying basis request, does it mean that an immigrant visa has been allocated to me? All Other Countries Remain Current, EB-2 Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability, India No Movement Due to patterns we have seen in the past, the USCIS typically tries to narrow the gap between India EB2 and EB3 priority dates. (Added 10/26/2022). (Added 10/26/2022). Employment-Based Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Most of these persons are residing in the US on temporary working visas. So, overall, EB2 gets a big chunk. 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. USCIS doesnt know how many visas would be released by DOS. Q. My Account . In the EB-4 category, we see some retrogression. A. USCIS encourages adjustment of status applicants to submit Form I-693, Report of Medical Examination and Vaccination Record, with their Form I-485, Application to Register Permanent Residence or Adjust Status. Zoom Consultations Available! The tool is meant only for employment-based green card applicants who have already filed their employment-based I-485 applications with USCIS and are curious to know when their I-485 applications might be processed. Q. A. 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). Total Issued for EB3 China = 2,348 There are three different Categories within Employment Based Green Card EB1, EB2, EB3. EB1, EB2 and EB3 = 7% of 40,040 = 2,803. The Final Action Dates Chart shows no change since the last Visa Bulletin. Q. A. 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. A more detailed breakdown of these changes can be seen below. If you have already filed your i485 but have not submitted the medicals, we strongly recommend. Watch this thread Start a new thread Add a post . Possible Spillover From Family-Based Green Cards. Your kids would become eligible to sponsor your Green card before EB3 2012 becomes current. For example, the couple could not transfer to a petition filed in an immediate relative category where dependents are not permitted under the statute. A. Q. What is cross-chargeability and how does USCIS apply it? They are all EB1-C geniuses who use a loophole in the system and come in as functional managers whatever that might be. 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. Maybe 10 to 15 years at the current rate. Total Issued for EB3 South Korea = 3,290 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. You should be ready to file i-485 documents if the dates move forward quickly as the window might not stay open for long. Family-Based In other words, the principal applicant or derivative spouse may never use their childs country of birth for cross-chargeability. The government estimates that 197,000 green cards will be available to persons in the employment categories in Fiscal Year 2023, down from 281,507 in FY 2022, but 57,000 higher than the 140,000 mandated by law as the result of 57,000 unused family-based green cards in Fiscal Year 2022. Unsubscribe at any time. Also, my PD is Jan, 2010 under EB2. Attn: Supp J However, sometimes USCIS will note that theyll accept I-485s based on the Date for Filing chart. http://geni.us/EBGreenCardProcess. 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. 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. Thank you for detailed information. For more information, please see the USCIS Policy Manual, Volume 7, Part A, Chapter 6. In this new bulletin, we see no changes in the family-based category but some major retrogression in the employment-based Final Action chart in the EB-4 category, especially for most countries across the board (except Central America). 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. Your priority date should be before this date. Mainland China remains on August 1, 2018, while India remains at June 15, 2012. (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). Get a grip and fight for equality not for preferential treatment, that is what anti immigrants are doing. Green Card Calculator: You can use GC calculator to estimate when your priority date may become current. EB Green Cards What categories benefit from the estimated 57,000 unused family-sponsored visa numbers added to the employment-based annual limit? Employers Terms of Service When a visa becomes available to you in the future based on the Final Action Date for your country and category as compared to your priority date, USCIS will be able to approve your adjustment of status application if you are admissible, merit a favorable exercise of discretion, and are otherwise eligible. Keep this date handy since you will need it to compare to the dates in this bulletin. Excellent analysis. Thats how you got the 6k. All Other Countries No Movement. No. I-864 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. 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