Why eb2 india is not moving

December Visa Bulletin. USCIS premium processing and fee changes. November Visa Bulletin. October Visa Bulletin. September Visa Bulletin.

August Visa Bulletin. Premium processing resumed for certain cases. February Visa Bulletin. Premium processing fees increasing. Retrogression: Mid-year analysis of the visa bulletin. Supreme Court upholds Trump travel ban.

Supreme Court on travel ban update. DHS rumored to be considering restrictions on H-1B extensions past the sixth year.

H-4 EAD rule rescission announced. Supreme Court affirms Trump travel ban 3. Ninth Circuit Court of Appeals affirms part of Trump travel ban 3.

Hawaii District Court issues new order against Trump travel ban 3. Premium processing now available for all petitioners seeking H-1B visas.

Employment-based adjustment-of-status interviews. Trump Administration expands and revises travel ban. USCIS to interview all employment-based adjustment of status applicants.

Advance Parole denials possible due to travel while pending. Supreme Court partially lifts temporary injunction on Trump immigration ban. Updates on travel ban executive order litigation. DOS implementation of additional vetting of certain visa applicants.

Presidential Executive Order on the H-1B program. Updates on H-1B: a category under attack. Updates on Presidential Executive Orders affecting immigration. Federal courts issue hold on immigration Executive Orders. Canadian special measures for those affected by the U. Update on Executive Order affecting immigration. President Trump signs Executive Order banning certain foreign nationals and limiting refugee numbers.

Updated version of Form I Presidential executive orders on immigration. Update on parole for start-up entrepreneurs. USCIS publishes final rule impacting employment-based immigrants; nonimmigrant workers. Israeli government confirms terms of E-2 reciprocal visa. EB-5 update: No changes until April 28, Impact of the election on U. Bernie Velasquez, In Memoriam. Updates on current portability rule.

Global Entry announcement on expansion to Citizens of the United Kingdom. General alert and reminder on avoiding fraud and scams targeting foreign nationals and all employees.

USCIS seeks potential increases to a range of immigration filing fees. Kim and Robert L. Extension of OPT and cap-gap regulations. EB-5 update: What happens after December 11, ? Revised October Visa Bulletin issued: Impact on early filing cases. Government shutdown looming. October Visa Bulletin: New procedures for accepting cases. White House issues recommendations on administrative reform.

Changes in the worksite location require action before the change happens. H-1Bs available for U. Masters degree holders. Visa systems issues: Update from the DOS website. Delays in visa issuance due to technical problems. Premium Processing suspended for H-1B extension of stay. May and June Visa Bulletins. H-1B cap premium processing to begin April Final DHS rule announced re work authorization for certain H-4 spouses.

Visa system delays mostly resolved. Technical issues with visa system causing delays. DHS announces proposals to expand work authorization to some H-4 spouses.

CBP upgrades I admission record portal. White House to propose new opportunities for entrepreneurs; includes work authorization for H-4 spouses.

DOS initiates site visits for J-1 intern and trainee categories. Lobby your U. DOL releases list of audit triggers. New form N, Application for Naturalization. Nonimmigrant visa NIV interview waiver program made permanent. H-1B cap season is starting. E-Verify updates to make life easier. Immigration benefits to be impacted by government shutdown.

USCIS continues to operate. E-Verify is unavailable during government shutdown. Impact of a government shutdown to DOL. Diversity Visa instructions released.

Electronic consular immigrant visa filing. Department of State notice of immigrant visa priority date advancement for August Senate passes immigration reform bill.

Supreme Court paves immigration path for same-sex spouses. Bipartisan immigration bill would radically reform US immigration. CBP to eliminate paper Form I Delay on premium processing H-1B cap petitions. Mission in Mexico announces expansion of its Business Facilitation Program. New fee collection system for U. Consulates in China to be launched in March Possible EB-5 visa backlog for Chinese nationals.

New amnesty bill to be considered in the Senate? Visa operations suspended at U. Consulate in Chennai. October Visa Bulletin released.

New visa processing system to be implemented by US Consulates in India. Form I-9 remains valid beyond August 31, expiration date.

September Visa Bulletin: Little change. August Visa Bulletin released. Secretary Napolitano announces deferred action process for young people who are low enforcement priorities. July Visa Bulletin: EB2 worldwide retrogression. FY H-1B visa numbers depleting rapidly. Visa processing fees to change on April 13, Pending rule on full validity of L visa.

DOS predictions for FY priority dates and demand. Department of State advises that online DS is down.

India blanket L applicants must apply in Chennai as of December 1, EB2 India, China expected to advance in December. H-1B FY cap numbers continue to dwindle. DOL provides updates on prevailing wage determination processing.

USCIS revises policies to benefit foreign entrepreneurs. Legal Workforce Act introduced in the House. Government shutdown will impact visa matters. No lottery: FY H-1B visa numbers still available. Partial Reduction in Visa Operations at U. Consulate, Mumbai March 3, DHS proposed rule to change how H-1B cap cases are initially submitted.

FY H-1B cap exhaustion imminent — less than 3, numbers remain. Update on UK immigration rules. New visa procedures at U. Embassy and Consulates in Mexico. Visa applications to be accepted at U. H-1B Fiscal Year cap update. USCIS filing fee increase to be published tomorrow. Multiple entry H visa now available for Chinese citizens. October Visa Bulletin: Limited progress, but no retrogression.

Hefty fees proposed for companies hiring large numbers of H-1B or L-1 workers. Embassy and Consulates in China liberalize interview appointment policy. USCIS publishing proposed fee changes for comment. USCIS fee increase moving forward. Nonimmigrant visa fee increases June 4, June Visa Bulletin: Limited progress. USCIS fee increase likely this year.

May Visa Bulletin: Employment categories crawl forward. CSC opens meetings to include interested HR personnel. Greece designated member of Visa Waiver program.

ICE audits employers in 5 states. March Visa Bulletin: Limited progress. H-1B cap reached for fiscal year H-1B cap update: Almost all visas claimed; exhaustion imminent.

USCIS to conduct 25, on-site inspections. ICE announces 1, new workplace audits. DOL releases June performance data. November Visa Bulletin: Small movement forward. USCIS site visits, audits increasing. DV October 2, — November 30, E-Verify federal contractor lawsuit dismissed; Rule takes effect September 8, Krispy Kreme fined after I-9 audit. Remarks on immigration by the President after meeting with members of Congress.

CBP tips for U. PERM processing times slow to a crawl. Permanent resident card production delays. Federal Contractor E-Verify rule delayed until September 8, H-1B visas remain available for coming fiscal year.

Federal Contractor E-Verify enrollment delayed until June 30, FY H-1B visas still available under regular cap; U. Advanced Degree cap has been reached. May Visa Bulletin: EB3 unavailable. USCIS now reporting its backlog of cases. H-1B update for those with U. USCIS revises fingerprint policy; Is awaiting security clearance no longer automatically approved after days.

Canada wants H-1B workers to move to Alberta. Update: New I-9 form delayed; continue using June version. Reminder: New I-9 form required on February 2nd. E-Verify federal contractor rule suspended.

USCIS changes rules on acceptable employment authorization documents. DS now required at some U. Changes to third country national visa processing in Mexico. E-Verify for federal contractors: Final rule moves forward. DHS announces publication of "no match" rule. November Visa Bulletin: Slight movement forward. Is the E-Verify program soon to expire? New J-1 programs for Korean and Irish students. State Department warning regarding "green card lottery scams".

Contact your U. Norman Plotkin quoted in BioWorld Today. E-Verify requirement proposed for federal contractors. Two-year EADs coming soon. CBP provides tips to international travel during busy summer season. CBP announces pilot for Global Entry program. May Visa Bulletin: Forward movement. FedEx announces service delays. USCIS updates projected naturalization case processing time. Plan to eliminate backlog of FBI name checks.

USCIS revises instructions for reentry permits and refugee travel documents to require submission of biometrics. CDC Technical instructions for vaccination Extension of validity of medical certifications on Form I DOJ announces higher fines for employers who violate immigration laws.

Background checks and AOS applications. New procedures for U. Important change in international travel procedures and list of acceptable documents.

CBP fact sheet on inspection for travelers. CBP reminds travelers of new land and sea border crossing procedures. NIV application fees to increase on January 1, Scheduled uscis. USCIS advisory on processing times. Original I receipt notice no longer required for travel details.

Original I receipt notice no longer required for travel. New Form I-9 expected in November. DOL announces backlog eliminated. USCIS news release regarding the new naturalization test. October Visa Bulletin: Limited progress for some categories. USCIS implements new application and petition fee schedule today. USCIS service center receipting update.

Green light for filing Employment-Based Is until August 17th. CSC now issuing delayed Form I approval notices. Letter from Rep. Status update regarding employment-based Is.

CSC update on delayed approval notices. USCIS to increase filing fees. H-1B cap for FY reached. H-1B cap cases: Are you ready to file on April 1? Department of State reports processing delays. Proposed Senate bills address restrictive H-1B cap. DOL issues final rule on labor certification substitutions.

Termination of premium processing for I immigrant petitions. Federal judge halts DHS regulation on "no-match" letters. AR change of address now available online. Visa issuance fee eliminated for Indian applicants. Diversity Visa lottery scams. Premium Processing expanding to majority of Is. Procedures for DV visa lottery announced.

Premium processing of certain employment-based immigrant petitions. September Visa Bulletin: EB-3 advances. H-1B advance degree cap is reached. Less than 4, H-1Bs left for U. H-1B "mini-cap" numbers going fast. H-1Bs still available for U. Masters degree. FY H-1B cap reached! Less than 10, H-1Bs left for FY Premium Processing expanding.

H-1Bs going quickly: Latest cap count. June Visa Bulletin: Continued progress. Transfer of Files to the Texas Service Center. USCIS to increase application fees. May Visa Bulletin: Limited movement. March Visa Bulletin: Movement in all categories.

DOL proposes new rules on use of approved labor certifications. H-1B "mini" cap reached. February Visa Bulletin: Forward movement in visa numbers. Less than H-1Bs still available for persons with U. H-1B update for U. Legislation to provide employment based visa number relief and recapture H-1B visas appears doomed. January Visa Bulletin: Continued forward movement.

H-1B Update for those with U. DOL update: Backlog processing of labor certifications. December Visa Bulletin: Significant movement. Senate passes several immigration relief proposals.

November Visa Bulletin: No movement in retrogressed visa numbers. Urge Congress to increase H-1B visa numbers. H-1B numbers remain available to U. USCIS announces increase in filing fees. USCIS filing fee increase expected.

Should Congress raise the H-1B cap? Update on E-3 visas for Australian citizens. DOL is reconsidering multiple filing issues. Take action!

DOL issues new policy restricting multiple labor certifications. H-1B cap: Less than 10, left for Fiscal Year State Department predicts retrogression of 2nd Preference immigrant visas. Prevailing wage delays at California State Workforce Agency.

Visa appointment delays during peak travel season. FY H-1B numbers remain available. Machine readable passports required starting June 26, PERM: Technical problems hamper early filers. Update on new 20, cap-exempt H-1B visas. Update on 20, cap-exempt H-1B visas. CBP announces new admission stamp design for U. The latest scoop on H-1B visas. DOL Backlog Center update.

H-2B annual cap reached for State Department to expedite visa applications for certain business travelers. EB3 priority dates to retrogress in January Travel during peak holiday season.

H-1B and L-1 legislation: Important changes. Electronic signature and storage of I-9 records authorized. Changes in DOL labor certification processing. California labor certification applications sent to BRCs.

DV visa lottery exclusively on-line. DOS alert to travelers entering the U. Visa revalidation program ends on July 16, Concurrent filing of I and I applications.

Testimony by Stephen Yale-Loehr on L-1 visas. Has the H-1B cap been reached? House International Relations Committee holds hearings on L-1 visas. Mexican TN professionals now apply directly at U. President Bush proposes temporary worker program. USCIS to make travel documents more secure. No automatic revalidation for Canadian permanent residents without visas. President Bush signs extension of Religious Worker Program.

Free trade agreements with Chile and Singapore impact H-1B numbers. Machine-readable passport requirement postponed for 21 countries. New names for DHS divisions. Latest H-1B petition statistics for FY CSC processing delays on Is and Is.

State Dept. Consulates announce new interview procedures for NIV applicants. Travel alert: Delays at U. Embassies expected for most NIV applicants after August 1, Legislation to restrict L-1 visa program introduced. BCIS pilot pre-certification program for employers. Visa revalidation delays update. BCIS announces first step in on-line electronic filings. Timing for fingerprints on CSC adjustment cases.

Ciudad Juarez resumes Third Country processing. Update: Special registration. VWP: Uruguay terminated, Belgium continued.

Update: Concurrent filing of I and I DOJ audit of premium processing. Update: Personnel appointments and further reorganization at the DHS.

Update: Canadian Landed Immigrant visa requirements. Update on INS filing fees. Visa waiver for certain Landed Immigrants of Canada eliminated. INS announces reduced filing fees, but for how long? Department of Homeland Security website. INS issues fingerprint notices with wrong address. Embassy in Caracas to close Visa Unit effective January 20, INS press release: Passenger manifest requirements.

Special Registration update: Pakistan and Saudi Arabia added. Updated immigration alert: Special Registration expanded. Enrolled version of the new Homeland Security Act of and expanded section by section summary. DOJ information on call-in Special Registration. President signs law creating new Department of Homeland Security.

Special Registration update: 13 countries added. Immigration alert: Special Registration requirements expanded. Nonmmigrant visa delays continue. Department of Justice Authorization Bill still not signed. Congress passes new law with important immigration provisions. Increase in machine-readable visa fee.

New INS on-line case status system. Transitional foreign student monitoring program. INS announces legal immigration figures for FY Department of State announces DV mail-in registration period. INS proposal to offer case status over the Internet. San Francisco INS announces mail-in adjustment application process. Concurrent filing of I with I Ashcroft: Address changes must be reported within 10 days. Processing of RIR filings — updated. INS lifts suspension of I renewals. Premium Processing for Is put on hold again.

Department of Justice announces alien registration program. INS publishes proposed rules for honoraria for B tourists. New INS security check requirements mean slightly longer waits on same-day applications.

Processing of cases at American Consulates in India. Shredding at the California Service Center update. Revision of the Schedule of Fees for Consular Services. Shredding at the California Service Center. Update on visa revalidations. Signature card no longer required. Proposed INS reorganization bill. Premium Processing update for Is. Processing of RIR updated. Change in Advance Parole Authorization form. Update on NIV processing procedures in Paris.

INS considering reduction in visitor visa admission period to 30 days. Visa services suspended in Peshawar, Lahore and Karachi. Update on extension of Section i. Department of State ruling impacts Third Country Nationals. INS signs memorandum of agreement with Department of Defense. INS issues guidance on spousal employment and 6-month Blanket L.

Work Authorization for Spouses of E and L visa holders. New Indian police certificate IV policies for posts in India. INS announces legal immigration figures for Fiscal Years and Special processing requirements and Security Advisory Opinions. Update on delays in revalidations. Visa fees change at U. Instructions for completing Form DS LOG IN.

August 26 Covid vaccination for permanent residency applicants. April 30 Travel restrictions expanded to India due to spread of novel coronavirus. March 31 H-1B cap reached. February 25 President Biden revokes Proclamations against new immigrant admissions.

February 5 H-1B cap registration will be open from March 9 to March 25 this year. January 22 Presidential proclamation to end certain nationality-based travel bans. January 5 Proclamation extends suspension of entry to March October 29 November visa bulletin retains October priority dates. October 28 Information on upcoming November Visa Bulletin. Because of that, we knew that there was going to be an issue with availability of employment third preference numbers during the course of the year.

The next slide shows the estimated per-country limit for the employment third preference category, and I am using India as an example since that is one of the countries where the final action date retrogressed for November. The next slide shows that the limit for any country for the third preference would be 5, In October, we already had over 44,, Indian applicants who had priority dates within the October final action dates.

In this next slide this shows the amount of applicants, again I am using China and India as an example since those are the two countries which face retrogressions for November. As you can see, the annual limit for fiscal year was 18, China employment number use was in excess of 22,, and India employment number use was in excess of 77, So, this clearly shows that the actions taken were to maximize number use, not only within the worldwide limits, but within the China and India employment limits.

The next side is going to show how we make a determination of otherwise unused numbers. The Immigration and Nationality Act allows us to make a decision at some point during the year that there may be otherwise unused numbers under the annual limit that we can provide to countries which have already reached their per country limit.

So, again, using the third preference example, the annual limit is 80,, and the per country limit for the third preference category would be 5, In the next slide, I can already know that both China and India will use all the 5, numbers allowable under the per country limit, so I subtract those numbers from the 80, annual limit. At this time, I am estimating that all other countries will use an additional 55, numbers.

Again, this is an estimate. So, applicants who have the earliest dates, regardless of what country they were born in, they are allowed to make use of those numbers. We will continue to monitor these estimates throughout the year and make the necessary adjustments. If it is determined that rest of world numbers for all other countries is going to be less than 55,, then that would mean that there is going to be additional numbers that can be provided primarily for India third preference applicants.

If we find that the processing of all other countries is going to use more numbers, again that would reduce the amount of numbers potentially available for India and China. Hopefully this gives viewers a better understanding of why certain actions were taken and give some visibility in terms of what happened in terms of number use for fiscal year I understand that there continues to be some uncertainty with what the fiscal year limits might be based on potential legislative efforts.

That being said, do you have any information regarding what fiscal year family and employment annual limits will be? Yes, the family annual limit will remain at , The employment annual limit for fiscal year will be approximately , I had earlier been projecting that it might be as high as ,, but overseas processing of family cases during the month of September utilized more of the family numbers than expected.

Therefore, there were fewer numbers to fall across to employment, approximately 10, fewer numbers to fall across for employment use during fiscal year Again, there have been talks of legislative changes, I can say that the later in the fiscal year that any type of legislative changes are enacted, that could complicate visa availability for the remainder of the year depending on if those changes benefit or are detrimental to either the family or employment categories.

We will have to wait and see what happens. Is there a country cap on spillover? Please talk about whether spillover was applied to EB-2 and EB-3, were there spillovers from family based to employment based in fiscal year ? Yes, primarily China, but also India benefitted by the fall across of unused family numbers which are provided in the employment categories based on the percentages applied to each of the employment preference annual limits, so it was a big benefit to both the Chinese and Indian applicants.

Are you foreseeing any retrogression possibility for EB-1 in future bulletins? At this time, barring any type of legislative action, I do not foresee any type of reason to need to apply either a China or an Indian employment first preference final action date in the foreseeable future, so they will stay current. Will there be retrogression for the Philippines family-based categories?

With the family categories, I do not see any forward movement for the foreseeable future. In terms of any retrogression of the Philippines employment dates, I do not foresee that either. How soon will dates progress from November — a month or two at a time? In the employment second preference category for both China and India, I expect that for December, the dates will be probably advancing a couple of months.

Then movement will likely continue at a possibly slower pace, as we enter the new calendar year while we see the impact of the forward movement of those dates during the first quarter. Again, I would expect several months of movement in both the India and China employment second preference category for December.

What will happen if our dates are current only until November 1 and retrogress? Since the applicant began processing, if the final action date has retrogressed and a visa number is no longer available, then the officer will receive a response saying that the case will be put into pending status, but that case is then held in our office until the final action date advances beyond the date, and at that time our office would automatically send a response to the requesting USCIS office indicating that that applicant is ready for final action on their case and that the adjustment can occur.

Will employment EB-3 India move to middle of or December of in fiscal year Can we expect EB-3 September current in or ? I would say no. If you look at the application filing dates which are listed in the Visa Bulletin for the month of November, those application filing dates are where we expect the final action dates to be in approximately 9 months from now.

Again, the application filing dates will be looked at on a monthly basis and if it is determined that more numbers would become available, then we would advance those application filing dates. Do you have any prediction for China EB-3? I would not plan on seeing any forward movement in either of those categories and you could be pleasantly surprised if there were such movement. With the family dates, they were advanced throughout fiscal year at a pace consistent with what we had been doing, had our overseas posts been able to process cases.

In the hope that overseas processing could resume at some point during fiscal year , the final action dates for the family categories were advanced at a steady pace so that we would have sufficient demand and applicants ready to go once our posts were opening up and beginning processing again. How many decades does it take for the year to become current?

I will give you an example. The annual limit in the family sponsored fourth preference category is 65,, and there are over 2 million applicants who have filed in the family fourth preference category who are attempting to make use of those 65, numbers on an annual basis. Can I have an interview before the Visa Bulletin is current for my priority date? The Visa Bulletin dates are kind of a line in the sand which cannot be crossed.

For an applicant to be eligible to be scheduled for an interview at an overseas post 1 their case has to be documentarily complete and 2 it would need to have been reported to our office prior to our making the determination of the final action dates for the upcoming month, and the other factor involved is post processing capacity. Again, many of our posts are slowly returning to normal operational status and they too are having to dig out of a backlog of cases that have become pent up since Coronavirus hit in March of So, it is going to take them some time to recover from this situation we are facing for the past 18 plus months.

Is the family category interview scheduled on the basis of priority date or documentarily qualified date? Interviews are scheduled on a first-in first-out basis, depending on when a case becomes documentarily complete and visa availability. What could the Visa Bulletin movement look like by the end of the fiscal year ?

With the family dates, I do not foresee much change, barring a legislative effort, until sometime next summer, and the movements at that time may be in an effort to generate additional demand as we enter into fiscal year The other possibility for movement in the family dates is if posts are able to come back online to full processing capacity at a faster pace than I currently expect.

On the employment categories, for the employment first preference category, I expect that to remain current for the remainder of the year. Employment second preference worldwide will remain current. The India and China employment second preference dates should slowly advance throughout the year, and they could slow up or stop at some point if demand becomes excessive. The one thing we would need to watch for in both the employment second and employment third preference category for China, is if it gets to a point where people are upgrading their petition status—they may have originally filed an employment third preference, but have subsequently become entitled to status in the employment second preference, and if the China and India employment second preference dates become more advantageous, more people may upgrade, and that could have an impact on the availability of numbers in the second preference category and at some point require corrective action.

Hopefully we would see that in time to provide advance notice. An attempt is always made to provide at least months advance notice in the Visa Bulletin.

If we foresee something happening that could negatively impact processing, we try to put that information out as early as possible because we know it impacts the lives of many applicants and they need to make plans.

So, again, if we foresaw potentially negative changes coming in either the China or India second preference dates, the Visa Bulletin would include a notice of those changes as soon as possible to give people fair warning. There is the Child Status Protection Act ruling. I do not know enough about that process to offer any advice. I believe there may be information on our travel. Chart B Dates for Filing shows c for i5 and r5, but the National Visa Center has been emailing i5 and r5 applicants, please do not submit any additional fees or forms to the National Visa Center.

Please explain. The chart B that is the dates for filing. The National Visa Center would have notified the vast majority of applicants who were eligible both in that i5 and r5 category, they would have typically notified applicants long ago before that category became expired effective June 30th of this year.