The key difference between EB-2 and EB-3 is that the latter has a lot more flexibility. Social media sharing buttons to help share links that you like with others. Your email address will not be published. All countries across the board remain at September 1, 2018. Each person who files a petition with the USCIS receives a priority date when the government obtains your petition. To calculate when your priority date may become current, please see GC Calculator. USCIS overestimated the number of applications required to meet the annual cap to use all available green cards, which is a very good thing. 2) Even after re-submitting my I-485 application, it was still accepted as a concurrent filing For domestically-filed green cards, USCIS announced that for employment-based filings, I-485s can be filed based on the same priority date listed in the Final Action Dates Chart in the Visa Bulletin, so its the same: January 1, 2015 as well. On October 1, the annual green card caps reset! To find out more about EB2 Priority Dates or to look up estimates, please visit the USCIS Processing Time page. In EB-2, we see no changes. Your email address will not be published. The category for family-based immigration comprises four preference levels based on who your sponsoring family member is in relation to you. Because of different priority date cutoffs for different countries, Chinese nationals who are beneficiaries of an approved EB2 petition currently face a 3-year backlog, while Indian nationals face a 10-year backlog. The Final Action Date chart indicates whether an immigrant visa number will be available. Also, under PERM the current waiting period for the priority date is around 12-15 years. Who qualifies under EB2 visa? EB-2 visa is intended for foreign nationals with an advanced degree or extensive work experience. If you are contemplating interfilinga process that allows AOS applicants to change their preference categorydont hesitate to contact VisaNation Law Group. some changes since the last Visa Bulletin. This website uses cookies so that we can provide you with the best user experience possible. But there is no magic formula to do so, and the fact that you secured an approval in your EB-2 NIW petition does not mean that you will automatically, or even easily, secure an approval in your new EB-1 application. It is one of the most popular visa types for foreigners who work in the United States. Umesh 7 months ago By when EB2 India priority date 28th April 2016 will become current? EB2 ROW. What happens to my EB-2 NIW status if my EB-1A petition is rejected? For some nationals, securing an approval on an I-140 under the EB2 National Interest Waiver (NIW) category is just a start. We are happy to offer our NIW guide that describes the NIW requirements, and other advise to assist with your NIW application. China remains at June 1, 2019 while India remains at August 1, 2012. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Finally, in the F-4 category, China and the rest of the world advance to April 22, 2007, India is at September 15, 2005, and the Philippines on August 22, 2002. Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams, says Sophie Alcorn, a Silicon Valley immigration attorney. Citizenship and Immigration Services (USCIS) has stated that it will likely use all of the available employment-based green cards for the fiscal year 2022, which ends on September 30, 2022. About EB2NIW U.S. Green Card (@eb2niw) on Instagram: ""Another EB2-NIW success story! Your package was exceptionally helpful and I appreciate your availability via email when I had quick questions. Let's say you filed your EB2 NIW petition on January 30, 2023 with premium processing, and your petition was approved on March 15, 2023. Whether youre in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.. The date is assigned once the USCIS approves of the immigration petition. A lot of talk has been going on about the backwards movement in NIW priority dates in the past six months. Note EB-2(B) applicants can be across multiple fields including arts, business, science, or athletics. Once you decide that you want to file under this category, you might find helpful the full DIY kit which shows our real whole case: https://www.eb2niw.com/niw-do-it-yourself-kit/. At this USCIS website click on the current month visa bulletin and find the chart Employment-Based Adjustment of Status Applications. This is the MAIN problem for sure. Thanks for your consideration. China remains at June 8, 2019. The priority date is the date an applicant files their I-140 petition. Each case is different and must be judged on its own merits. For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for June 2023. When you're priority date will become current in final action date chart of visa bulletin Subhadeep Das 7 months ago Any ball-park predictions when EB2 with Jul-2017 Priority date (nationality : India) will be current ? My priority date for my EB-2 application to register permanent residence was just nine days from the date listed in the September 2022 Visa Bulletin, but now the date in the October 2022 Visa Bulletin has gone back more than two years! Check the 2nd row and the right column (according to your country of birth). The EB2 visa is the second preference employment-based green card category that grants US permanent residency to foreign nationals with advanced degrees or exceptional ability. A priority date establishes a persons place in line to get an immigrant visa. Save my name, email, and website in this browser for the next time I comment. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. The total time an EB2 green card filed with a National Interest Waiver takes is consisted of the processing time for (1) the EB2 NIW green card petition (Form I-140 and the National Interest Waiver) filed with the USCIS, and (2) the change of status when the person's priority date becomes current by filing the Form I-485 application if adjusting status within the United States or the DS-260 . The truth is nobody knows what will happen and you should watch this very carefully. The date is assigned once the USCIS approves of the immigration petition. Umesh 7 months ago By when EB2 India priority date 28th April 2016 will become current? A priority date is the date at which a petitioner or potential immigrant to the United States has indicated their interest in obtaining a visa to the USCIS. I crunched the numbers released by USCIS for I-140 applications. The National Interest Waiver waives the labor certification process and the necessity of having an offer of employment. https://youtu.be/guxkNFzf54k If you have been reading about the green card process, chances are that you heard about the Visa Bulletin. What changes do you mean? A number of family-based categories have experienced a slight advance from the previous month showing a steady usage of the allotted family-based visas with the advancing categories often increasing slightly from the 8th of the month to the 22nd of the same month. At the time of writing (May 2023), no applicant for an EB2 NIW petition can file their adjustment of status application (I-485) concurrently with their NIW petition (I-140). In simple terms, applicants are given a priority date which serves as a place in line for an immigrant visa (green card), determined by how early you filed your petition. Your story encouraged me to pursue this process and it was well worth it. They are updated quite regularly and we reflect these changes once in a while (last update was made in June 2018). I was so close! Cookies on this website are minimal and used for the following purposes. ago 3) Towards the end of the USCIS fiscal year (September), applicants should pay very close attention to the priority dates associated with their applications. Ask Sophie: Do I need 2 visas to work at 2 different startups? Your priority date, which is assigned to you at the time you submit your I-140 petition, can be understood as your place in the line. It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. The ability to file an I-485 may have heightened significance for applicants who are already in the United States, they want to continue staying in the United States, but their underlying non-immigrant status is coming to an end, such as an F-1 or H1B. Check back at a later point. You can start reading about the NIW requirements here. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2022 Scott Legal, P.C. Therefore, any unused family-based visas get added to the EB categories. They are unable to predict number of applications for their set priority dates. The good thing is that they returned my entire I-485 package to me (which they opened including the doctors letter) and my $1225 money order. EB-1 visa targets foreigners with extraordinary ability in their respective field. Firstly, processing time has increased with an increasing number of applicants. I definitely support and have for about 18 years have supported changing the law to put Indian-born immigrants in the same queue as everyone else, but until the law changes, or more immigrant visas are made available, people born in India need to make the best of the flawed system we have. For people from China and India, this is always a big deal because they are backlogged for many many years. In the EB-4 category, we see no change. Regarding the fine you mentioned: USCIS does not impose a penalty on employers or employees if a green card candidate changes jobs before receiving a green card. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Mainland China remains at April 1, 2019 while India retrogresses over 41 months to January 1, 2009. An EB-2 Visa is an employment based visa at the second level of preference from the eyes of the United States government. Before you can file your application for an immigrant visa or Adjustment of Status (I-485), you should refer to the visa bulletin, which is listed every month here, and check if either the dates are current for your country in the EB2 category, or if not, that your priority date is earlier than the listed date. 2023 VisaNation, Inc. All Rights Reserved. In certain circumstances, priority dates may shift. . Tip: Click on headings below (EB2 ROW, EB2 China, etc) to view detailed data for 15+ yrs. An alien may apply for a green card in EB2 National Interest Waiver (NIW) category and seek a waiver of the offer of employment and waiver of labor certification by establishing that his/her admission to permanent residence in the U.S. will be in the national interest. EB-3 visa is awarded to foreign nationals with valuable work skills that would contribute to the growth of the U.S. economy. What is a Priority Date? With an EB-2 NIW visa, the applicant is considered a lawful permanent resident of the United States. Section 202 of the Immigration and Nationality Act prescribes that no more than 7% of the total number for that category be allocated to nationals of any single country. Priority dates act as a queuing system for applicants due to the sheer amount the U.S. receives each year. Keep this date handy since you will need it to compare to the dates in this bulletin. Family-Based Dates for Filing Charts 2.2. In the alternative, others in the EB-3 India category will likely seek to request upgrades to EB-2. An I-140 approval does allow an Indian-born H-1B worker extensions beyond 6 years at any employer; but at every employer they will need a new PERM and I-140. I submitted a concurrent application (I-140 and I-485) like I explained in my previous email. PERM Audits / Delays 3. You would look to the second row, and navigate to the column All Chargeability Areas, and find the priority date, which is displayed February 15, 2022. This means your priority date needs to be earlier than February 15, 2022 to be able to submit your I-485 or application for an immigrant visa. I cant thank you enough for all the help throughout this process. However, the good news is that, in most circumstances, most of the evidence that you used to demonstrate your expertise, achievements, influence, and recognition in your field to secure approval in the EB2 NIW category will also be persuasive evidence of your extraordinary ability and original contributions in your field to support your EB1 application. India remains at January 1, 2011. All data is publicly available on the USCIS website here (https://www.uscis.gov/sites/default/files/document/data/I140_FY22_Q3_Rec_COB.csv), here (https://www.uscis.gov/sites/default/files/document/data/I140_FY22_Q4_REC_COB.csv), and here (https://www.uscis.gov/sites/default/files/document/data/I140_FY23_Q1_REC_COB.csv). USCIS has not yet specified which chart to use for employment-based AOS Filings. Check back at a later point. Do you find this website useful? However, he faces a 10-year backlog in his country category. The only thing holding me back is Ive heard that employees will be fined if they leave their employer before they actually get the green card. 4) Everyone should stay up to date with the new changes and the rules. In the F-2A category, all countries are current. Required fields are marked *. Mexico advances three months to April 1, 2002. Is Your Priority Date Current? Download Our National Interest Waiver (NIW) Guide, Sign Up For Our National Interest Waiver (NIW) Webinar, Watch Our National Interest Waiver (NIW) Videos, Set Up A Consultation info@legalservicesincorporated.com , Disclaimer, Terms of Use & Privacy Policy. Priority date for both regular eb2 and NIE Eb2 same? Important July 2023 Visa Bulletin Dates 4.1. But the Apr 2022 - Dec 2022 demand alone is ~35,000. EB-3 for all countries, except for those specially designated, have experienced a 4-month retrogression. Maybe they have heard about forms updates? But in the last few months, the doors remained closed and nobody knows when it will open again. They also included a green slip in the rejection package and urged me to apply once the the priority date for my category became current (I had to include that green slip in my re-submission package). As you can see, the priority dates for India nationals are the following: EB1A 08JUN16, EB2-NIW 12JUN09, so it is a 4 and 11 years backlog, respectively. This is if you've already submitted the I-485. In the previous fiscal year (FY 2021), more than 200,000 green cards were available but were never issued due to embassy and consular closures and case backlogs during the pandemic. This is informally called porting your priority date. I am not sure this news is real or not. Here are the July 2023 Visa Bulletin Final Action dates for employment-based immigrant visas. Please visit our page on Citizenship Through Employment for more information. And that means an EB-1A is typically quicker to get, which is particularly the . Overview. Current Month's Adjustment of Status Filing Charts. All dates across the board are October 1, 2018. EB-1 is applicable to professionals in almost every field including sciences, engineering, arts, education, and athletics. Please enable JavaScript in your browser to complete this form. In the EB-1 category, most countries are current apart from China and India, which remain at February 1, 2022, as of this bulletin. For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State Visa Bulletin for June 2023. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. If you submit an I-140 petition that is approved in the EB-2 category and later submit another petition in the EB-1 category that is also approved, USCIS allows you to use the earlier priority date to process your EB-1 petition. They have created such large backlogs that they are not even able to move ahead from their retrogressed dates. Remember that your priority date does not move, and you cannot change it except under certain circumstances. From graduate teaching assistant to I-140 approval, we're t . Cookies cannot be turned off at this time. At this USCIS website click on the current month visa bulletin and find the chart Employment-Based Adjustment of Status Applications. EB2 ROW won't be current even in October 2023 I crunched the numbers released by USCIS for I-140 applications. The latest Visa Bulletin shows that individuals born in India can file their immigrant visa applications for an EB-2 green card at a U.S. Consulate abroad if their priority date is on or before January 1, 2015. This means that every time you visit this website you will need to enable or disable cookies again. To receive new posts and support my work, consider becoming a free or paid subscriber. Remember to click on each category and sub categories to see wait time for last 15+ years. Mexico remains at August 1, 2000. Read more here. Date. China remained on July 8, 2019, and India stayed on May 1, 2012. Visa Bulletin Movement For EB2 India - Green Card Waiting Time Discuss With Everyone: View Previous 16,500+ comments More Discussions On MyGCVisa: 1,874 comments Based on his credentials and his proposal that he would continue developing innovative ways to improve the efficiency of oil excavation and processing for the benefit of the U.S. petroleum industry, his EB-2 NIW self-petition was approved. The EB-2 China Date for Filing will advance more than two months, to July 8, 2019 . (NIW is a subcategory of EB2). Have an exceptional ability in the sciences, arts, or business. Only the mode of processing I-485 changes. An example would be an engineering educated in India applying for EB- via a information technology company as the sponsor. For the EB-3 category, Mexico, the Philippines, and the rest of the world retrogress 4 months to February 1, 2022. I'm just waiting for my priority date to become current. I have heard about this too, but I dont have direct experience by myself. If you are contemplating interfilinga process that allows AOS applicants to change their preference categorydont hesitate to. In the F2A category, China, India and all chargeability areas remain at September 8, 2020. Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window). Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. The Dates for Filing chart determines when an applicant can file an I-485. Applicants must submit the following supporting documents: Applicants in this category must have at least 10 years of experience in a relevant field along with an advanced degree. Love to hear about the happy end and thanks a lot for sharing this info! Your priority date must be current under the Final Action Chart to adjudicate your green card. However, for EB-2 processing time for India and China, the dates may not be current for several years. They really are not evil Currently it can EASILY take 12 months to get a new PERM and I-140, and that assumes the employer wants to and is able to start PERM right away. Evidence of petitioner being invited to speak at leading conferences, or being asked to evaluate or judge other experts work, could also be helpful. Fascinating! If you appreciate my analysis of the EB2 ROW dates I just created a page where you can buy me a coffee. The EB-2 visa was introduced as part of the new Immigration Act of 1990, and from 2008 to the end of 2014 . I almost broke down when I received a rejection notice in the mail in October BUT this was with regards to the I-485. ago PD applies to both inside and outside equally. You might be interested in. However, the government has not increased the number of visas awarded to applicants proportionally. No RFEs. I am sorry you bought wrong kit from someone else. Which category should I apply in, EB1a/NIW? However, EB-2 visas also have disadvantages that have become more apparent in recent years. For some countries the number of applicants greatly exceed this quota, which has created an ever-increasing backlog. For all skilled people who deserve a chance to live in the USA without restrictions. Family-Based Green Cards 2.1. Media articles featuring the petitioner painting him as a trailblazer that sets him apart from other innovators in the industry, for example, could help evidence this extraordinary stature. Also, please feel free to comment in the comment section and/or share the posts with friends and family on Facebook, Twitter and Linkedin. In the EB-3 Other category, there is no change for Mexico, Philippines, and the rest of the world. So what did I find out: With these priority date waiting times being so long, it's imperative that your first attempt is done the right way. These wait times can change every few weeks as USCIS/DOS receives more applications. Remember to click on each category and sub categories to see wait time for last 15+ years. Without a doubt, EB-3 requirements are a lot more lenient than EB-2, which allows more people to qualify for it. Can he apply for an EB-1? Family-Based Final Action Dates Chart 3. Suppose you have an Adjustment of Status (AOS) application currently pending. Expediting the EB2 Process 5. They are unable to predict visa allocations. Save my name, email, and website in this browser for the next time I comment. To be clear, EB-2 NIW does NOT solve the main problem faced by Indian-born immigrants. USCIS announces which chart applicants can use within a week of the visa bulletins release. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Click on the buttons below in order to claim your free National Interest Waiver (NIW) Guide, sign up for our free National Interest Waiver (NIW)Webinar, or watch our National Interest Waiver (NIW)videos. The EB-2 India Date for Filing will retrogress by over two years, to May 1, 2012. In the world of immigration law, it always pays to be informed. However, there are two prominent cases in which you may be able to shorten your green card processing time, which we will explain here. For the purposes of the July 2023 bulletin AOS, USCIS has not yet indicated which Chart to use for family-sponsored filings. If it shows letter C (current) you can file your I-485 immediately. Employment-Based Dates for Filing Chart 4. In the F-2B category, China, India, and all other countries of chargeability remain at January 1, 2017. Applicants must submit the following supporting documents: Since EB2 priority date varies by the country and queue time, predicting the wait time is difficult. You may have tried to . Lets say you already have an approved PERM and I-140 at your current employer, and your priority date is locked in, why in the world would you ever bother to pursue an EB-2 NIW self-petition? The first way is to file an I-140 for a green card and chargeability area with a current priority date. This website and blog constitutes attorney advertising. Several facts in this case signal that a EB-1 petition may be successful. He can also likely show (2) performance of a leading or critical role in distinguished organizations, based on his executive-level role in a major international company. (FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES) The highlighted parts in yellow are the priority dates applicable for the EB2 category. This site requires JavaScript to run correctly. Please feel free to contact us and ask us any questions you have about our posts. If green cards are unavailable, you will not see any movement from that final action date. They are in decreasing order of priority, which often indicates there are more applicants for EB-2 than EB-1. Along the road, we gathered a lot of information and published it here on the blog for FREE. In fact, a petitioner can concurrently submit their I-140 and I-485 together only if the priority date is Current for their country in that category for that specific month. This has not always been the case! Download Our National Interest Waiver (NIW) Guide, Sign Up For Our National Interest Waiver (NIW) Webinar, Watch Our National Interest Waiver (NIW) Videos, Set Up A Consultation info@legalservicesincorporated.com , Disclaimer, Terms of Use & Privacy Policy. Even if your I-140 petition was approved, you have to wait many years before you are allowed to submit your application to adjust status or obtain an immigrant visa. I have an EB-2 I-140 approved with a priority date in April 2015.