What this tool does
The EB-1/EB-2/EB-3 Wait Time Estimator calculates the estimated wait times for green cards in the employment-based visa categories EB-1, EB-2, and EB-3. Users input their priority date, which is the date their immigration petition was filed, and their country of chargeability, which typically is the country of the individual's citizenship. The tool uses the Visa Bulletin published monthly by the U.S. Department of State to determine the current cut-off dates for each category and country. Based on the user’s input, it calculates how long it may take for their priority date to become current, which is necessary for obtaining a green card. This tool aids individuals in understanding their potential timeline for permanent residency in the United States.
How it works
The tool processes inputs by first identifying the user's priority date and country of chargeability. It then compares the priority date against the most recent cut-off dates listed in the Visa Bulletin for each employment-based category. The calculation involves determining how many months or years remain until the user's priority date is current. For instance, if the current cut-off date for EB-2 from a specific country is January 2022, and the user's priority date is January 2020, the tool calculates a wait time of approximately 24 months until eligibility.
Who should use this
Immigration attorneys advising clients on green card timelines, HR managers planning for foreign employee transitions to permanent residency, and international researchers navigating visa categories for long-term employment in the U.S. are among those who can benefit from this tool.
Worked examples
Example 1: A software engineer from India has a priority date of March 1, 2020, and is applying under the EB-2 category. According to the Visa Bulletin, the current cut-off date for India in the EB-2 category is January 1, 2022. The calculation shows that the wait time is approximately 22 months (from March 2020 to January 2022).
Example 2: A nurse from the Philippines has a priority date of July 15, 2018, applying under the EB-3 category. The cut-off date for the Philippines is February 1, 2020. The wait time is calculated as approximately 19 months (from July 2018 to February 2020). This estimation provides a clearer understanding of when the nurse might expect to apply for permanent residency.
Limitations
The tool's accuracy is dependent on the timely release and accuracy of the Visa Bulletin, which can change monthly. The estimations may not account for sudden changes in immigration laws or policies that could affect wait times. Additionally, the tool assumes that no additional factors, such as changes to the user’s immigration status or application complications, will delay the process. It also does not factor in the annual caps on visas that can lead to longer wait times for specific countries.
FAQs
Q: How does the country of chargeability affect wait time estimates? A: The country of chargeability can significantly impact wait times due to varying demand for visas. Countries with higher application rates, like India and China, often experience longer wait times compared to countries with fewer applicants.
Q: What happens if my priority date is current when I check? A: If your priority date is current, you may proceed with the next steps in the green card process, which typically includes filing for adjustment of status or consular processing.
Q: Can the wait time change after submitting my application? A: Yes, wait times can change based on subsequent Visa Bulletin releases. If the cut-off date retrogresses after your application is submitted, it may delay processing.
Q: Are there any exceptions that could expedite my application? A: Certain categories, like EB-1 for individuals with extraordinary ability, may have expedited processing. Additionally, premium processing options are available for some visa categories, which can reduce wait times.
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