EB-1 for China and India Backlogged come April 1

Charlie Oppenheimer and the Department of State have determined that, because of increased usage of the EB-1 immigration visas that, come April 1 they will have to backlog this category for both India and China. Both have been backlogged to January 1, 2012 (a date for which there will be no demand). This action was taken to make sure that worldwide usage for this category stays within the numbers allowed.

Charlie did say that, if worldwide usage declines over the coming months he may be able to move these dates forward at some point this fiscal year. While the category will move forward, and may even come current, at the beginning of the next fiscal year (October 1, 2018), it is most likely that both India and China will continue to use their allotted share of EB-1 visas each year and there may end up being a more consistent backlog as there is for the EB-2 and EB-3 categories for India and China.

We will update you as soon as we receive any additional information.

President Issues New Travel Restrictions

imagesOn September 24, 2017, the President issued a new Executive Order (“EO”) entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public Safety Threats”.  This new EO builds upon the last order, which was only valid for 90 days.  However, part of the old EO directed DHS to do a worldwide review to determine what additional information is needed from each foreign country to assess whether foreign nationals who seek to enter the United States pose a security or safety threat.  DHS completed that review and gave the President a list of seven countries that had “inadequate” information sharing practices.  The new EO implements certain types of restrictions against nationals of these seven countries (plus one additional country that the President felt posed security risks) in terms of their ability to get certain visas.

Who Does the Ban Affect?

The countries that are part of this new Executive Order are:

  1. Chad
  2. Libya
  3. Iran
  4. North Korea
  5. Syria
  6. Venezuela
  7. Yemen
  8. Somalia

As stated, the restrictions are not uniform for all the above countries.  The following table lays out what restrictions are placed on immigrant and non-immigrant visas for each country:

Country Non-Immigrant Visas Immigrant Visas
Chad No B-1, B-2 or B-1/B-2 visas No Immigrant or diversity lottery visas

 

Iran No non-immigrant visas except the F, M and J student visas No Immigrant or diversity visas

 

 

Libya No B-1, B-2 or B-1/B-2 visas No Immigrant or diversity lottery visas

 

North Korea No nonimmigrant visas No Immigrant or diversity lottery visas

 

Syria No nonimmigrant visas No Immigrant or diversity lottery visas

 

Venezuela No B-1, B-2 or B-1/B-2 visas of any kind for officials of the following government agencies: Ministry of Interior, Justice, and Peace; the Administrative Service of Identification, Migration and Immigration; the Corps of Scientific Investigations, Judicial and Criminal; the Bolivarian Intelligence Service; and, the People’s Power Ministry of Foreign Affairs, and their immediate family members.

 

No Restrictions

 

Yemen No B-1, B-2 or B-1/B-2 visas No Immigrant or diversity lottery visas

 

Somalia No nonimmigrant visas No Immigrant or diversity lottery visas

 

Dual Nationals:  Dual nationals can still travel and get visas based upon another nationality besides the ones listed above (So, for example, a national of both Iran and Canada can still get any nonimmigrant visa or immigrant visa based upon their Canadian Nationality).

Those in the US at the time the travel ban takes effect:  They are not affected by the travel ban as they are already in the US.

Those Outside the US with valid visas:  Exempt from the restrictions

Permanent Residents of the US:  These people are exempt from the Travel Ban

There are other certain exemptions as well, please make an appointment if you feel you may be affected by the travel ban and we can review the waivers and exemptions with you.

When will the Ban take effect?

From 3:30 pm on September 24, 2017, until 12:01 am on October 18, 2017, Nationals of Iran, Libya, Syria Yemen and Somalia will remain under the previous Travel Ban (i.e. only those with close family ties can get visas).  Sudanese national will no longer be subject to any ban as of that date and time.

From 12:01 am on October 18, 2017, forward the above travel restrictions will be in force and will replace the previous Executive Order Travel Ban.

If you feel you may be affected by the new travel ban, please do call our office.  We can assess your case and let you know if the travel ban does affect you, and if you are eligible for any of the waiver/exemptions.

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 Finishes Data Entry for ALL 2018 Cap Subject H-1Bs

USCIS announced on Wednesday that it has finished data entry for all cap subject applications it has accepted for the 2018 fiscal year.  USCIS will now begin sending back those applications not selected and will be transferring cases from Vermont to California to even the H-1B case load between the service centers.  While not all receipts have been received by everyone as of yet, if your check has not yet been cashed, or you do not receive the receipt in the next several days, most likely your case was not accepted into the Cap.

Hopefully USCIS will be able to update us within 1-2 months on how quickly they are getting through the H-1B cap cases and current backlog to give everyone a better idea of how long it will take for them to get through all the cap cases (i.e. will they complete this before October 1, 2017 or not).  We will update you as soon as we receive any additional information.

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.

 

February 2017 Visa Bulletin Released

unknownThe February 2017 visa bulletin was released by the Department of State yesterday.  Below is a summary of the changes.

Family Based Application:

F1:  Most countries moved forward about 1 month to 1.5 months (except the Philippines, which moved forward about 2 months).  This means that most countries are now at February 22, 2010. The exceptions are Mexico (May 8, 1995) and the Philippines (December 1, 2005).

F2A: This category actually retrogressed one month across the board.  All countries are now at April 15, 2015 except Mexico which is at April 1, 2015.

F2B: Most countries moved forward about 1 month to July 8, 2010.  Mexico moved forward only about 3 weeks to May 8, 1995. The Philippines stayed at April 9, 2006 (no movement forward or backward).

F3: Most countries moved forward about 2.5 weeks to March 22, 2005.  Mexico stayed at December 15, 1994 (no movement) and the Philippines moved forward only 1 week to September 8, 1994.

F4: There was movement forward for all countries in varying degrees.  China had the biggest movement forward (2 months) to January 22, 2004.  India moved forward about 1 month to June 15, 2003.  Mexico had the smallest movement (1 week) to May 22, 1997.  The Philippines moved forward about 2 weeks to June 22, 1993.  All other areas moved forward about 2 weeks to February 8, 2004.

Employment Based Application:

EB-1:  Still current across the board.  NOTE: Charles Oppenheim has stated that there is increased usage for this category and he may have to retrogress some countries (China and India) in the near future.

EB-2:  Current for all countries except India and China.  India did not have any movement staying at April 15, 2008.  China moved forward 1 month to November 15, 2012.  NOTE:  Charles Oppenheim did indicate increased usage across the board (especially for China and India) and did indicate there may be a need to retrogress ALL countries in the coming months.

EB-3:  Most countries moved forward to October 1, 2016.  The exceptions were China, which moved forward about 3 weeks to October 1, 2013, India, which moved forward about 1 week to March 22, 2005 and the Philippines, which moved forward almost 3 months to October 15, 2011.  NOTE:  Again, Charles Oppenheim did indicate increased usage and the possibilities of retrogression.

 

We will update you when the next visa bulletin is released or if Charles Oppenheim updates his predictions as to the movement of these visa categories.  Please contact us with any questions.

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.

Confusion over New USCIS Forms and Acceptance of Old Forms Resolved

Unknown-1.jpegOn December 23, 2016 USCIS issued new versions for many, many of its form, including the I-129, I-140, etc.  Unfortunately, USCIS also stated that as of that date it would no longer accept prior versions of ANY of the new forms.  This is despite the fact that no notice was given prior to the 23rd that there were to be new versions or that old versions would not be accepted.

After much protest by Immigration Attorneys and others, USCIS has finally relented.  USCIS will accept old versions of ALL forms EXCEPT the N-400 (that form was first published on December 12, 2016, so some prior notice was given) until February 21, 2017.

It is certainly good to see USCIS correct this grave error.  However, it would have been even better had USCIS realized the fundamental unfairness of this type of edict to begin with.

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.