New Rule – All Employment Based I-485 application will have Interviews

Recently USCIS issued a new rule stating that all employment based green card applications will be subject to interview starting on October 3, 2017.  Just this week AILA members and the Ombudsperson for USCIS had a Stakeholder Call to discuss the new rule. Here are the details that came out of this call:

  •  All EB applications are subject to the new rule INCLUDING NIW and EA applications.
  • Any I-485 filed prior to March 6, 2017 (the date of the EO “Protecting the Nation from Foreign Terrorist Entry into the United States” the root of this new requirement) are NOT subject to the new rule.  Those cases will still be subject to random interviews, but only about 5% of cases are so selected.
  • The Service Centers will still adjudicate the I-140’s and the local offices have been instructed not to readjudicate the I-140s however they are allowed to evaluate the evidence used to support the I-140 for accuracy and credibility.  We will have to see how this plays out in real life.
  • Once the Service Center adjudicates the I-140, the file will be sent to the National Benefits Center (NBC) to determine if all documents for the I-485 are present.  If there is no medical, this is when an RFE will be sent out for the medical (and, considering that there will be longer processing times for everything, it may be wise to not submit the medical until an RFE is issues).
  • Surprisingly, USCIS does not feel that timelines will be significantly lengthened due to this requirement.  According to USCIS employment based I-485s are only about 17% of the Field offices caseload.  We will have to see how this plays out in the real world.
  • The top field offices that will be most affected are: San Jose, San Francisco, Newark, New York, Houston, Seattle, Chicago, Dallas, Atlanta and Los Angeles.
  • In most cases families will be interviewed together.

As we learn more information we will certainly let you know.  Please do contact us with any questions on how you may be impacted.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

October Visa Bulletin Released

Today, USCIS released the October Visa Bulletin. The big changes are the EB1 coming current (as well as EB2 Worldwide) and a big jump forward in the F4 (siblings of a US Citizen) category for Worldwide, China and, to a lesser extent, India. Below is a summary of the developments this month:

Employment Based:

EB1: As predicted, the EB1 category went current across the Board, including for India and China.

EB2: The Worldwide category went current as well. EB-2 for China is now at May 22, 2013 and India is at September 15, 2008. China only moved forward about 1 week and India moved forward about 3 weeks.

EB3: Worldwide remained Current. India stayed at October 15, 2006. China, on the other hand jumped up to January 1, 2014.

Family Based:

F1: Worldwide, China and India all jumped to December 22, 2010. Mexico moved forward one month to March 1, 1996 and the Philippines remained at January 1, 2007.

F2A: Worldwide, India, China and the Philippines moved forward about 3 weeks to October 22, 2015. Mexico also moved forward about 3 weeks to October 15, 2015.

F2B:Worldwide, China and India moved forward about 1 week to November 9, 2010. Mexico moved forward about 1 week as well to July 15, 1996 and the Philippines staid at January 1, 2007.

F3:Worldwide, China and India moved forward about 2 weeks to July 22, 2005. Mexico moved forward about 2 weeks to April 22, 1995 and the Philippines moved forward about 1 week to February 22, 1995.

F4:Worldwide and China jumped forward about 2 years to May 8, 2004. India jumped a little less (about 1 year) to October 1, 2003. Mexico moved forward about 2 weeks to October 1, 1997 and the Philippines staid at June 1, 1994.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

USCIS Publishes Final Rule on Fee Increase

It is official now:  As of December 23, 2016 USCIS applications fees will be rising an average of about 21%.  For those interested, all the new fees are listed on the USCIS web page here. In terms of the most common applications, I am listing the old fee and new fees below:

Petition Type Old Fee NEW Fee
I-90, Application to Replace Permanent Resident Card $365 $455
I-129, Petition for a Nonimmigrant Worker $325 $460
I-129F, Petition for Alien Fiancé(e) $340 $535
I-130, Petition for an Alien Relative $420 $535
I-131, Application for Travel Document $360 $575
I-485 (adult), Application to Adjust Status (not including $85 biometric fee) $985 $1140
I-485 (under 14), Application to Adjust Status $635 $750
I-526, Immigrant Petition by Alien Entrepreneur $1500 $3675
I-751, Petition to Remove Conditions on Residence $505 $595
I-765, Application for Employment Authorization $380 $410
N-400, Application for Naturalization (not including $85 biometric fee) $595 $640
N-600, Application for Certificate of Citizenship (biological child/adopted child) $1170 $600/550

As you can see, the amount of the increases for most applications is not that great, however, it does vary from application to application.  The I-129 fee went up by 41% while the I-765 fee went up by under 8%.

However, it should be noted that the fee charged for premium processing was not raised during this round of fee increases.  Very surprising given that it would be an easy target, and would bring in significant revenue considering the lengthening timelines for adjudication.  USCIS may be assuming that timelines will decrease because of the extra money from other fees, so they kept the premium fee reasonable so that they would still get sufficient income from that source as opposed to pricing it out of reach of most people.

Please note again that the fees do not go into effect until December 23, 2016.  Any application sent that will be received by USCIS ON OR AFTER THAT DATE should contain the new fees.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

November Visa Bulletin – Some Movement, Dates for Filing Available

unknownDOS released the November Visa bulletin and there has been some forward movement.  Importantly, USCIS is still allowing the Dates for Filing to be used for almost all applications (except EB-5 applications) to determine when you are able to file the adjustment application.  Below we will go through each category in detail.

Family Based Applications:

F1:  Final Action Dates: Moved forward about 1 month to October 2009 for All Other Countries, India and China.   Mexico only moved forward about 1 week to April 8, 1995 and the Philippines moved forward about 1 month to October 2005. Dates for Filing: No change

F2A: Final Action Dates: Everyone moved forward about 1 month to January 22, 2011 (January 8, 2011 for Mexico).  Dates for Filing:  No Movement.

F2B: Final Action Dates: All countries moved forward about one month except Mexico which moved forward about 2 weeks.  All Other Countries, China and India are at April 15, 2010.  The Philippines is at February 15, 2006 and Mexico is at October 8, 1995. Dates for Filing: No movement

F3: Final Action Dates: All countries moved forward about one month except Mexico which moved forward about 2 weeks.  All Other Countries, China and India are at January 22, 2005.  The Philippines is at August 8, 1994 and Mexico is at December 1, 1994. Dates for filing: No movement.

F4: Final Action Dates: All countries moved forward about one month except the Philippines and Mexico which moved forward about 2 weeks.  All Other Countries is at December 1, 2003.  China is at August 1, 2003 and India is at February 15, 2003.  The Philippines is at May 8, 1993 and Mexico is at May 8, 1997. Dates for filing: No Movement.

Employment Based Applications:

E1:  Current for everyone

E2: Final Action Dates: Current for everyone except India and China.  China moved forward about 5 month to July 15, 2012.  India jumped forward about 10 months to November 1, 2007.

E3:  Final Action Dates: Most countries moved forward about 1 month to July 1, 2016.  China moved forward about 3 months to April 15, 2013.  Since China E3 is ahead of China E2, expect this to backlog at some point. India moved forward about 1 week to March 8, 2005 and the Philippines moved forward about 4 months to April 1, 2011.

Employment Dates for Filing:  Current across the board EXCEPT:

E2:  China is at March 1, 2013 and India is at April 22, 2009

E3: China is at May 1, 2014 and India is at July 1, 2005

 

 

 

 

BREAKING NEWS: USCIS will allow the use of the Date for Filing in the October, 2016 Visa Bulletin

USCIS, for the first time in almost a year, has agreed that the Date for Filing, as opposed to the Final Action Date, can be used for the October Visa Bulletin.  What does this mean?

For Employment Based Cases:

EB-1:  Will be Current for All.

EB-2: While the Worldwide numbers remain current, India will be at April 22, 2009 instead of January 2007 and China will be at March 1, 2013 instead of February 2012

EB-3:  Worldwide will be current as opposed to June 1, 2016.  India will be at July 1, 20015 instead of March 1, 2005 (not quite as big a jump as other categories).  And China will be at May 1, 2014 instead of January 22, 2013.

As can be seen most dates have jumped ahead about 1 year which is good news for those who have waited a long time to file their adjustment applications or for their applications to be approved.

If you have any questions leave a comment below or send me an email.  Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

October 2016 VIsa Bulletin: Forward Movement for All

unknownThe Department of State released the visa bulletin for October 2016 recently. Below is a summary of movement and changes.

Family Based Immigrant Visa Numbers

F1 – Unmarried Sons and Daughters of US Citizens: This category moved forward about 1 week to September 22, 2090 for every country except Mexico (which moved forward 1 week to April 1, 1995 and the Philippines (which moved forward 1 week to August 1, 1995).

F2A – Spouses and children of Permanent Residents: All countries moved forward around 1 month, Mexico moved forward about 3 months to December 1, 2014. And the rest of the World moved forward about 5 weeks to December 22, 2014

F2B – Unmarried Sons and Daughters of Permanent Residents: Most of the world moved forward about 5 weeks to March 15, 2010. Mexico moved forward only 2 weeks to October 1, 1995 and the Philippines moved forward 1 month to January 1, 2006

F3 – Married Sons and Daughters of US Citizens: Most of the world moved forward about 3 weeks to December 22, 2004. Mexico moved forward about 1 week to November 22, 1994 and the Philippines moved forward about 3 weeks to July 8, 1994

F4 – Brothers and Sisters of US Citizens: China moved forward 4 months to May 1, 2003. India jumped just over 1 year to December 1, 2002. Mexico moved forward a couple weeks to May 1, 1997. The Philippines moved forward about 6 weeks to April 15, 1993. The rest of the world moved forward about 1 month to November 1, 2003

Predictions for coming months:

There should be forward movement on all categories in the next several months of about 2-6 weeks.

Employment Based Immigrant Visas

EB-1: As stated previously, this became current for everyone for October.

EB-2: Again, as we stated previously this became current for Worldwide numbers, Mexico and the Philippines. It moved forward to February 15, 2012 for China and to January 15, 2007 for India.

EB-3: Moved forward 1 month for Worldwide and Mexico to June 1, 2016. China jumped forward to January 22, 2013 (putting the EB-3 category ahead of the EB-2 for China). India Moved forward about 1 month to March 1, 2005 and the Philippines moved forward about 5 months to December 1, 2010.

Predictions for the Coming Months:

For EB-2s the Department of State sees China and India moving forward about 3 months (maybe 4 months for India) in the coming months. Worldwide and Mexico should remain current.

For EB-3s, they still feel that for the Worldwide numbers, demand may cause them to backlog (however this did not occur at all last year, and they thought it would then as well), but we will have to see. For China, EB-3 should move forward about 3 months. It will move forward only about 1 week for India and about 3 weeks for the Philippines.

Checkin With Charlie Oppenheim on Visa Numbers

Charlie Oppenheim, the officer at the Department of State in charge of visa numbers and the Visa Bulletin, recently released an update to his predictions for the upcoming months. Below is a summary of some of that update.

Family Based Visa Numbers

According to Charlie, in September most of the family-based categories will likely hold or retrogress from where they are in August. Only F-4 Worldwide has the potential to advance in September. Charlie expects a full recovery from retrogressions in all of the family-based categories in October, with the exception of F-4 China and F-4 India which will take some time. Beginning in November 2015, beneficiaries of F-4 China and F-4 India started responding to NVC Agent of Choice letters in larger numbers, which has given Charlie better visibility into the demand in these categories, but ultimately resulted in the retrogression of these cut-off dates.

It should be noted that when we state that there will be a “full recovery” Charlie is not saying that the categories will become current, but that they will go back to their pre-August 2015 dates.

Employment Based Visa Numbers

CHINA:

The Final Action date of January 1, 2010 that was imposed in June for both EB-2 and EB-3 China remains the same in August with no forward movement in either of these categories expected this fiscal year (which ends on September 30, 2016).

EB-2 should recover partly in October, 2016 and should fully recover to its previous dates by the end of this calendar year.

INDIA:

EB-3 India should advance modestly into a 2005 Final Action date in September. EB-2 India will continue to track one week ahead of the EB-3 India Final Action date in September.

EB-2 will advance in October 1, 2016 with the new fiscal year, and should fully recover by December of this year.

WORLDWIDE:

EB-3 Worldwide has been hovering close to “current” for some time, and is expected to do so through at least October.

Eb-2 was retrogressed in August to February 1, 2014 with the hope of holding number use to within the EB-2 annual limit. That date should hold in September and is expected to fully recover to “current” in October.