According to Charlie’s last Youtube live Chat, a large number of visas may be squandered due to USCIS processing constraints.
The total number of EB visas available in fiscal year 2021 is approximately 262K, but the expected number of green cards issued is between 130k and 140k, assuming USCIS processes approximately 85K in the last two quarters (Q3 and Q4), with approximately 45.3K processed in the first and second quarters.
Charlie anticipates this based on the previous year’s scenario, and the figure 130k indicates that it is 95 percent of the EB baseline quota. As a result, approximately 132K visas will be squandered or more. In addition, Charlie expects that current “Date of Filing Dates” will reach “Final Action Dates” around April 2022.
Final Action Dates for EB:
|Employment- Based||India||Progression||Dates For Filing|
- EB-2 China will advance by four months to April 1, 2018.
- EB-3 China will advance by one week to January 8, 2019
- EB-5 China (Non-Regional Center program) will advance by one week to November 15, 2015, and EB-5 Vietnam will become current in August.
USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s August 2021 Visa Bulletin.
USCIS report on I-140 petitions received in the last few years for India:
|Fiscal Year||EB2 – Q1 & Q2||EB3 – Q1 & Q2||EB2 – Q3 & Q4||EB3 – Q3 & Q4|
The October Visa Bulletin 2020 filing dates for EB3 India were quickly moved to January 2015, and USCIS allowed Date of Filing Charts for adjustment of status applications, assisting many applicants who were stuck in long lines filing EB2 to EB3 downgrades. The downgrade numbers have not been released by USCIS.
USCIS received 38.4K India EB3 I -140 petitions in the first two quarters of fiscal year 2021. According to the previous three fiscal years’ reports, the average number of I-140 petitions from India EB3 received by USCIS is around ten thousand. This equates to approximately 32K(+/-) downgrade applicants.
USCIS report on I-485 applications processed in the last few years versus Family Based:
|FY||EB – Q1||FB – Q1||EB – Q2||FB – Q2||EB – Q3||FB – Q3||EB – Q4||FB – Q4||Total – EB||Total – FB|
- The annual visa limit is divided into three categories: family sponsored, employment-based, and diversity visas, totaling 675,000 = 480,000 (FB) + 140,000 (EB) + 55,000 (diversity visa) (DV)
- The law requires at least 226,000 family visas to be allocated through the family preference categories, compared to the baseline annual limit of 140,000 for Employment Based visas plus unused family-sponsored preferences in the previous fiscal year.
- Furthermore, there is a 7% per-country cap.
Per-country cap: 7% of total annual family-sponsored and employment-based preference limits. If the limits are 226,000 and 140,000, the per-country limit is 25,620, which is 7 percent of (226,000 + 140,000). Furthermore, the per-country limit of 25,620 is divided into two categories: family-based (15,820) and employment-based (9800).
The bipartisan bill is the only way to put an end to all of these visa restrictions for the better tomorrow.