Employment-Based Green Cards 3.1. I cant thank you enough for all the help throughout this process. 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). UPDATE [4/13/2019]: one of our clients shared his experience and interesting outcome: When I applied in September 2018, I submitted a concurrent application both the I-140 and I-485. Please have a look at the visa bulletin by the link below For all skilled people who deserve a chance to live in the USA without restrictions. Individuals who are current based on the July 2023 Visa Bulletin should act quickly to complete immigrant visa and adjustment of status application requirements as any near future retrogressions will cause additional visa issuance and adjustment of status adjudication delays. I have an approved I-140 for my EB-2 NIW green card process. 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. ago Respected sir Remember to click on each category and sub categories to see wait time for last 15+ years. From graduate teaching assistant to I-140 approval, we're t . Youre nearing the front of the green card line anyway. The chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category. This could take the form of changing their status to another category, such as the O1 or E2, or applying under the EB1A category where the priority dates are almost always current. Please let me know in case of any other questions. The retrogression the earlier cut-off date in the Visa Bulletin for October 2022 reflects that there are no more EB-2 immigrant visas left this fiscal year, which ends on September 30. 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 . If you appreciate my analysis of the EB2 ROW dates I just created a page where you can buy me a coffee. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2022 Scott Legal, P.C. How to Apply for an EB-2 NIW Visa - Boundless Dear Eager, This means that EB2 will not jump forward to current status. Ask Sophie: Do I need 2 visas to work at 2 different startups? For those new to the green card process, you should learn a few terms and remember to understand the rest of this July 2023 visa bulletin report. Mexico advances to April 22, 2001 and Phillipines advances to March 1, 2012. 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. Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability. With five different preference levels and seven chargeability areas, USCIS issues, O-1 Visa Lawyers All You Need to Know in 2023. This website and blog constitutes attorney advertising. EB2 Processing Time - Blog | Ashoori Law In the world of immigration law, it always pays to be informed. Mainland China remains at September 1, 2015. Check the 2nd row and the right column (according to your country of birth). Finally, for EB-3 Other, we see Mexico, the Philippines, and the rest of the world remain at February 1, 2020. That's why we applied for NIW, thankfully it was a success. Keep this date handy since you will need it to compare to the dates in this bulletin. Scott Legal, P.C. 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). This means that even if you werent allowed to adjust status or apply for a visa with your priority date in the EB-2 category, you can be allowed to do so if you enter the line in the EB-1 category with your new approval. The Dates for Filing chart determines when an applicant can file an I-485. EB-1 visa targets foreigners with extraordinary ability in their respective field. TechCrunch+ members receive access to weekly Dear Sophie columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off. To stay in the know about things like the newest visa bulletin, you can subscribe to the Department of States newsletter by emailing [emailprotected] with the message Subscribe Visa Bulletin.. Firstly, processing time has increased with an increasing number of applicants. This retrogression has been predicted given the increased demand for EB-3 visas for India. To apply for an EB-2 visa, the applicant will first need to file Form I-140 (officially called the "Immigrant Petition for Alien Worker"). So what did I find out: The NIW allows the applicant to file this petition on their own behalf without a job offer and . EB2 vs EB3 | Requirements, Processing Time and Priority Dates - VisaNation July 2023 Visa Bulletin | Analysis Including EB2 Priority Date India Im Indian by birth, so I know Im going to be waiting a long time to get a green card. Each person who files a petition with the USCIS receives a priority date when the government obtains your petition. Mexico advances three months to April 1, 2002. Also, under PERM the current waiting period for the priority date is around 12-15 years. As attractive as porting might seem, it is a delicate process with particular requirements. That is not always the case (for various reasons). Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window). I crunched the numbers released by USCIS for I-140 applications. However, the government has not increased the number of visas awarded to applicants proportionally. EB visas have continued to be a contentious topic in U.S. politics as the country lacks clarity on its immigration policy. The employer must disclose the job responsibilities as well as salary information. I however waited until December to resubmit my application. Thank you and good luck to everyone in the months ahead. I submitted a concurrent application (I-140 and I-485) like I explained in my previous email. In the F-1 category, China, India, and all other countries of chargeability advance to September 1, 2017. Set up a one-hour consultation with us before acting on anything you read here. In the example we used above, if you filed your NIW I-140 petition on January 30, 2023, unfortunately your priority date is later than the threshold date according to that chart so you need to wait before you can submit your I-485 or immigrant visa application. Thats why you should keep this in mind and always check current or upcoming month visa bulletin. Past results are no guarantee of future results and prior results do not imply or predict future results. 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/. However, EB-2 visas also have disadvantages that have become more apparent in recent years. EB-2 Green Card | Requirements, PERM, Processing Time in 2023 - VisaNation The EB-2 NIW processing time can be from 6 months to a few years. 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. For some nationals, securing an approval on an I-140 under the EB2 National Interest Waiver (NIW) category is just a start. This site requires JavaScript to run correctly. This means that every time you visit this website you will need to enable or disable cookies again. However, sometimes USCIS will note that theyll accept I-485s based on the Date for Filing chart. 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. https://www.buymeacoffee.com/JuggWonderful. 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. yes it is the same. Im truly grateful. 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). Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Then you can file I-485. Historically, the popularity and appeal of the EB-2 Visa stems from, major factors. Priority dates act as a queuing system for applicants due to the sheer amount the U.S. receives each year. January 30, 2023 is your priority date. This has not always been the case! I am aware of my options to apply for a green card under Eb1A and Eb2 NIW. For the employment-based visas, EB-1 China and EB-1 India hold steady, showing a steady, but increased demand for EB-1 visas, whereas all other countries remain Current. EB-2 niw Green Cards - High-Skilled Immigration China remains at June 1, 2019 while India remains at August 1, 2012. An engineer-scientist in the petroleum industry made several novel discoveries that greatly improved the way oil is processed, which were published in academic papers which accumulated numerous citations. To conclude, for some foreign nationals who are waiting for their EB2 priority dates to become current, preparing and filing a fresh EB1 petition may, in some circumstances, be a good strategy to significantly speed up the delay until the individual receives his or her green card. Once the final action date in your green card preference level and chargeability area reaches your priority date, your priority date will be considered current. India remains at February 22, 2006 while Mexico is at April 15, 2001 and Philippines remains at April 22, 2004. The EB-1 petitioner would first need to meet at least 3 out of 10 listed criteria of extraordinary ability in his or her field. Otherwise, you need to wait. Save my name, email, and website in this browser for the next time I comment. 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! Secondly, EB2 visa is subject to the PERM process mandated by the Department of Labor. Tags: As part of the application process, your employer must be able to . The porting aspect only comes in when you indicate that you want to retain your original priority date. You may have tried to . Pass the USCIS Civics Test the first time. 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. China remains at January 1, 2016 and India remains at August 1, 2012. In reality, you need to start with a new petition (and a new PERM if necessary). Therefore, the final action dates constantly change based on how many people from each chargeability area have petitioned for that green card. If you have an approved EB-2 NIW self-petition I-140, then if you change employers and your EB-2 priority date is current, you can proceed to the I-485 without having a new PERM. Some applicants believe that there is a special way to upgrade ones EB-2 NIW petition to an EB-1A or EB-1C Extraordinary Ability petition. You might be interested in. https://www.uscis.gov/sites/default/files/document/data/I140_FY22_Q3_Rec_COB.csv, https://www.uscis.gov/sites/default/files/document/data/I140_FY22_Q4_REC_COB.csv, https://www.uscis.gov/sites/default/files/document/data/I140_FY23_Q1_REC_COB.csv, https://www.buymeacoffee.com/JuggWonderful. Copyright . Lets say you filed your EB2 NIW petition on January 30, 2023 with premium processing, and your petition was approved on March 15, 2023. Mexico, Philippines, and the rest of the world remain at February 15, 2022. 2023 VisaNation, Inc. All Rights Reserved. However, your employer can seek reimbursement from you for some green card costs, usually based on some pre-arranged contract prior to starting the green card process. There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. For the purposes of the July 2023 bulletin AOS, USCIS has not yet indicated which Chart to use for family-sponsored filings. The claimed evidence is different from by Matter of DHANASAR, 26 I&N Dec. 884 (AAO 2016). If you want more information on the background of the visa bulletin and how to read the bulletin, make sure to scroll to the bottom of the post or click the interested link in the Table of Contents. EB-3 for all countries, except for those specially designated, have experienced a 4-month retrogression. The EB-2 visa was introduced as part of the new Immigration Act of 1990, and from 2008 to the end of 2014 . In this fact pattern, the petitioner can definitely show (1) authorship of scholarly articles in professional or major trade publications. I understand people from India and China have a pretty big backlog compare to other nationalities. The application includes a National Interest Waiver or proof of their claim. USCIS overestimated the number of applications required to meet the annual cap to use all available green cards, which is a very good thing. Youll notice there are two charts for each category. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. 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. Scott Legal, P.C. This is significant because during the period the EB2 category is backlogged, no new applicants can concurrently file their I-485 with their I-140 petition, and only applicants who had already filed their I-140 before the threshold priority date in the bulletin can move forward with their green card applications. In the EB-1 category, most countries are current apart from China and India, which remain at February 1, 2022, as of this bulletin. Hi Veronika, Along the road, we gathered a lot of information and published it here on the blog for FREE. Get latest visa bulletin and blog posts sent directly to your email address. All dates across the board are October 1, 2018. If labeled C, there are immediate visas available for that country, in that visa type preference level, If labeled U, there are no visas available for that category at this time, To find out more about EB2 Priority Dates or to look up estimates, please visit the, J-2 Visa: Spouse or Dependents of J-1 Visa Holders, E-3 Visa: Specialty Occupation Workers from Australia, H2B Visa: Temporary Non-Agricultural Workers, H-3 Visa: Nonimmigrant Trainee or Special Education Exchange Visitor, H-4 Visa: Immediate Family Members of H Visa-Holders, I Visa: Members of the Foreign Media, Press, and Radio, L-2 Visa: Dependent Spouse and Unmarried Children Under 21 Years of Age of Qualified L-1 Visa Holders, P Visa: Outstanding Athletes, Athletic Teams, and Entertainment Companies, TN Visa: Visas for Canadian and Mexican NAFTA Professional Workers, Crewmember Visa: Foreign Nationals on a Commercial Vessel or Aircraft, G Visa: Employees of International Organizations, O Visa: Foreign National with Extraordinary Ability, F2A Visa: Spouse and Children of Lawful Permanent Residents (LPRs), F2B Visa: Spouse or Unmarried Minor Children of US Green Card holders, F-3 Visa: Married Children of US Citizens, F-4 Visa: Siblings of U.S. Citizens, Their Spouses, and Unmarried Children Under the Age of 21, IR1 & CR1 Visa: Immigrant Visa for a Spouse of a U.S. Citizen, IR2 Visa: Spouses and Children of Permanent Residents, IR3, IH3, IR4, and IH4 Visas: Children or Adopted Children of U.S. Citizens, EB1 Visa: Extraordinary Ability Green Card, EB2 Visa: Advanced Degree or Exceptional Ability, EB3 Visa: Skilled worker, Professional, or Other Worker, EW-3 Visa: US Third Priority Workers Visa for Unskilled Workers, SI Visa: Special Immigrant by Immigration and Nationality Act (INA), SIV Visa: Special Immigrant Visa for Iraqis, I-485: Application to Register Permanent Residence or Adjust Status, I-751: Petition to Remove Conditions on Residence, I-765: Application for Employment Authorization, DS-160: Online Nonimmigrant Visa Application, DS-260: Immigrant Visa & Alien Registration Application, DS-2019: Certificate Of Eligibility For Exchange Visitor (J-1), H4 Employment Authorization Document (EAD), I-140 Employment Authorization Document (EAD), I-192: Application for Advance Permission to Enter as Nonimmigrant, Form I-212: Application for Permission to Reapply for Admission, I-539: Application To Extend/Change Nonimmigrant Status, I-601: Application for Waiver of Grounds of Inadmissibility, Form I-693, Report of Medical Examination and Vaccination Record, I-821: Application for Temporary Protected Status, I-824: Application for Action on an Approved Application or Petition, I-864: Affidavit of Support Under Section 213A of the INA, I-864A: Contract Between Sponsor and Household Member, I-90: Application to Replace Permanent Resident Card, I-907: Request for Premium Processing Service, Form I-918: Petition for U Nonimmigrant Status, USCIS ELIS (Electronic Immigration System), Field Office Appointments and Rescheduling, Application Support Center (ASC) Appointments and Rescheduling, Deadlines for Certain Requests, Notices, and Appeals, H-2A Requirements During COVID-19 Public Health Emergency, H-2B Requirements During COVID-19 Public Health Emergency, Temporary Policy Changes for Certain Foreign Medical Graduates During the COVID-19 National Emergency, Extension of Stay/Change of Status Filing Delays Caused by Extraordinary Circumstances Related to COVID-19, Statutory Provisions for Certain Nonimmigrants.