Hello, today we will be discussing the fiscal year 2023 employment-based adjustment of Status FAQs. This topic pertains to the process of adjusting one’s immigration status to permanent residency based on employment. We will be exploring some frequently asked questions regarding this process, which will hopefully provide clarity and guidance for those going through or planning to go through this process.
Overview of Employment-Based Adjustment of Status
Adjustment of status is the process by which an individual can apply for permanent residency in the United States. Employment-based adjustment of status is available to those who have an approved immigrant petition and a visa number available to them. Fiscal year 2023 (FY2023) employment-based adjustment of status refers to the process of applying for permanent residency during the fiscal year beginning October 1, 2022, and ending September 30, 2023.
Who is Eligible for Employment-Based Adjustment of Status?
To be eligible for employment-based adjustment of status, an individual must have an approved immigrant petition, a visa number available to them, and meet the eligibility requirements for the specific employment-based category they are applying under.
What are the Employment-Based Categories?
There are five employment-based categories:
- EB-1: Priority Workers
- EB-2: Professionals with Advanced Degrees or Exceptional Ability
3. EB-3: Skilled workers, Professionals, and Other Workers - EB-4: Special Immigrants
- EB-5: Immigrant Investors
Each category has its own eligibility requirements and visa availability.
Changes to the FY2023 Employment-Based Adjustment of Status
Key takeaway: Fiscal Year 2023 employment-based adjustment of status allows eligible individuals to apply for permanent residency in the United States beginning October 1, 2022, and ending September 30, 2023. There are five employment-based categories, each with its own eligibility requirements and visa availability. The COVID-19 pandemic has caused delays in processing times, and applicants should plan accordingly. It is important to understand filing dates and final action dates for visa availability and to consult with an immigration attorney if an application is denied.
Visa Availability
The Department of State released the Visa Bulletin for September 2022, which indicates the availability of visa numbers for the upcoming fiscal year. There has been a significant increase in the number of available visa numbers for the employment-based categories, especially for EB-3 and EB-2 categories for applicants born in India and China. This increase in visa availability will benefit those who have been waiting for a long time for their priority dates to become current.
Filing Dates vs. Final Action Dates
The Visa Bulletin also includes two sets of dates: filing dates and final action dates. Filing dates refer to the earliest date that an individual can submit their adjustment of status application, while final action dates refer to the current priority dates for which visa numbers are available. It is important to understand the difference between these dates, as they can affect the timing of the application process.
COVID-19 Pandemic Impact
The COVID-19 pandemic has had a significant impact on the processing of adjustment of status applications. U.S. Citizenship and Immigration Services (USCIS) has been experiencing delays in processing applications due to staffing shortages, social distancing requirements, and other pandemic-related challenges. Applicants should expect delays in the processing of their applications and should plan accordingly.
Frequently Asked Questions
How long does the adjustment of status process take?
The processing time for adjustment of status applications varies depending on individual circumstances, USCIS workload, and other factors. Applicants should refer to the USCIS website for current processing times. The COVID-19 pandemic has also caused delays in processing times.
Can I work while my adjustment of status application is pending?
If an individual has a valid work permit, they can work while their adjustment of status application is pending. It is important to maintain lawful status while the application is pending.
Can I travel outside of the United States while my adjustment of status application is pending?
If an individual has a pending adjustment of status application, they must obtain advance parole before leaving the United States. Otherwise, their application may be deemed abandoned, and they may not be allowed to re-enter the country.
Can I apply for adjustment of status if I am out of status?
If an individual is out of status, they may still be eligible to apply for adjustment of status under certain circumstances. However, being out of status may have consequences for future applications and should be discussed with an immigration attorney.
Can I appeal a denied adjustment of status application?
If an adjustment of status application is denied, the applicant may be able to file a motion to reopen or reconsider the decision. Alternatively, they may be able to file an appeal with the Board of Immigration Appeals. It is important to consult with an immigration attorney to discuss the best course of action.
FAQs for Fiscal Year 2023 Employment-Based Adjustment of Status
What is the fiscal year 2023 employment-based adjustment of status?
the fiscal year 2023 employment-based adjustment of status is the process of adjusting the immigration status of foreign workers from temporary visa holders to permanent residents in the United States. This process is commonly known as a green card.
Who is eligible for the fiscal year 2023 employment-based adjustment of status?
Foreign workers who have secured a job in the United States and have been approved for an employment-based green card are eligible for the fiscal year 2023 employment-based adjustment of status. The employer must file the petition and obtain approval from the United States Citizenship and Immigration Services (USCIS) before the employee can adjust their status.
What are the different employment-based green card categories?
There are five employment-based green card categories:
- EB-1: Priority workers, including individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives or managers.
- EB-2: Professionals with advanced degrees or exceptional abilities in their field.
3. EB-3: Skilled workers, professionals, and other workers. - EB-4: Special immigrants, including religious workers and other designated categories.
- EB-5: Immigrant investors who make substantial investments in the United States.
What is the fiscal year 2023 employment-based adjustment of status process?
the fiscal year 2023 employment-based adjustment of status process involves submitting an application to the USCIS after the employer has secured an approved employment-based green card petition. The applicant will be required to undergo a medical examination and submit fingerprints, among other requirements. Once the USCIS approves the application, the applicant will be granted permanent residency status in the United States.
What is the deadline for the fiscal year 2023 employment-based adjustment of status?
There is no specific deadline for the fiscal year 2023 employment-based adjustment of status. However, it is recommended to submit the application as soon as possible after the employer has secured an approved employment-based green card petition to avoid any potential delays or processing times. It is important to note that the annual quota for employment-based green cards may impact the availability of visas, so it is advised to apply early to increase the chances of a successful application.
Can family members apply for the fiscal year 2023 employment-based adjustment of status?
Yes, family members of the foreign worker, such as spouses and unmarried children under the age of 21, can apply for the fiscal year 2023 employment-based adjustment of status. They must submit separate applications and meet their own eligibility requirements.
