IMMIGRANT VISA Availability 2023 | Green Card 2023 | Visa Backlogs, Immigration Reform & Work Permit
#usimmigration2023 #greencards2023 #usimmigrationupdates
Hello, Welcome to US Immigration Updates.
October 1, 2023 marked the start of the federal government’s fiscal year 2023 (FY 2023), with the Department of State (DOS) October Visa Bulletin taking effect the same day. What is sure to be disappointing to many is the significant retrogression in the availability of immigrant visas (“green cards”) for Indian nationals in the employment-based second preference (EB-2) category. Moreover, the availability of immigrant visas for all employment-based applicants will be fewer this fiscal year than last.
If you are interested in any of these topics, stay tuned to the end of this video for your immigration updates.
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Now let’s get into the video and find out what’s new in US immigration.
Each year, by statute, 140,000 employment-based immigrant visas (green cards) may be issued to qualified applicants, plus any unused visas from the family-based categories in the preceding year. The visas are distributed among five employment-based (EB) preference categories and then allocated by country of birth according to Congressionally mandated per country quotas.
Visa retrogression occurs when the number of individuals seeking a green card exceeds the number of visas available in the applicable employment-based preference category. A “cut-off date” is then set and published in the Visa Bulletin. A queue to apply for the green card ensues and a foreign national is assigned a place in line based on their priority date, preference category, and country of birth.
For employment-based immigrants, the priority date is determined by the date that a PERM labor certification application is filed with the U.S. Department of Labor (DOL) for the sponsored foreign national employee. In instances where a PERM labor certification is not required (e.g., for EB-1 petitions and EB-2 National Interest Waiver petitions), the priority date is determined by the date that an I-140 immigrant petition is filed with U.S. Citizenship and Immigration Services (USCIS).
In order for a foreign national to apply for a green card, their priority date must be available or “current” on the monthly Visa Bulletin. An immigrant visa number is only available when the priority date is earlier than the cut-off date shown on the Visa Bulletin for the applicable preference category and country of birth.
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