The US has retrogressed EB-2 final action dates for all countries except China in the April Visa Bulletin so as to keep immigration visa number use within its annual limits for FY 2023.(green card)
This means that the United States Citizenship and Immigration Services (USCIS) will accept based on employment change of status applications with priority dates earlier than those in the April Visa Bulletin published by the State Department.
As stated in the bulletin, Final Action cutoff dates for the issuance of an immigration visa and for the filing or approval of an adjustment of status application for Indians are:
EB-1: 1 February 2022
EB-2: India will retrogress by 8th months, to 1, January 2011
EB-3 Professionals and Skilled Workers: India will remain at 15, June 2012
EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), the India cutoff date will remain June 1, 2018. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will currently remain.
What this means to you
In the event that you’re in line for a green card, it’s vital to monitor these progressions furthermore, set up all records required for your application quite a bit early When the Visa Release shows that a green card is accessible to you, you can record as fast as could be expected.
In the event that you neglect to document in a month when a green card is free, you can take a chance by confronting an unexpected reverse development (retrogression) in the following Visa Bulletin, which would close your open door for recording a green card application.
Applicants who have recorded their Green Card applications prior to the above dates will currently have their applications handled. The USCIS refreshes these dates on the fifteenth of each and every month.
As per the most recent Bulletin, the individuals who have applied for their EB-2 Green Cards at the latest January 1, 2011, will currently be getting their applications handled.
“India retrogressing by 8 months is a major development for the EB-2 class, however not abnormal…there isn’t anything to stress over yet,” says Rajiv S Khanna,
“The enormous leap could either be a direct result of the departments opening up post Coronavirus or on the other hand, this could be the beginning of any more retrogressions because of the volume of uses We can pause and watch over the course of the following couple of months,” Khanna added.
What is retrogression?
Retrogression happens when the cut-off dates that decide visa availability go in reverse rather than forward. The cut-off dates for essentially all family inclination classes and virtually all countries were retrogressed altogether in January 2011.
Toward the start of every month, each consular office reports the all out number of documentarily qualified immigrant visa applicants to the visa office.
Documentarily qualified applicants are those people who have gotten all records expected to meet the formal visa application necessities as determined by their consular office, what’s more, for those applicants, the consular office has finished the essential handling methods.
How is it calculated?
Every month the visa office thinks about the quantity of announced documentarily qualified applicants with the visa numbers accessible for the following ordinary assignment.
The visa office additionally considers past visa interest, appraisals of future visa interest and return rates, and gauges of USCIS request in view of removed date developments.
Then, at that point, the visa office lays out the cut-off dates for the next month, distributes them in the Visa Bulletin, and advises consular posts. Applicants, including those abroad, utilize the Visa Bulletin to decide when their visa will become current.
What can applicants do?
Green Card applicants can’t change their priority dates. The need date is the date on which you document your Green Card application.
“Applicants can, nonetheless, move into a classification that is quicker moving like EB-1,” Khanna says.
This comes as a mishap for Indians, who face extremely lengthy postpones running into many years, to get green cards in other employment-based (EB) classifications.
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