November 2017 Visa Bulletin Released

UnknownThe Department of State released the November 2017 visa bulletin.  This bulletin includes some modest forward movement in most categories.

Family Based Immigrant Visa Numbers

USCIS has allowed people to base the filing of the Adjustment of Status applications on the Dates for Filing.  However those dates have not changes since last month.  As most people who file family based applications are not in the US, and the Final Action Dates have changed somewhat, I will discuss those dates below.

FB1:  Most countries moved forward a month to January 22, 2011.  Mexico also moved forward  a month to April 1, 1996.  The Philippines did not move from January 1, 2007.

FB2A:  All countries moved forward 1 month to November 15, 2015 except Mexico which moved forward a month to November 1, 2015

FB2B:  Most countries moved forward about 1 week to November 15, 2010.  The only exceptions were Mexico, which also moved forward about 1 week to July 22, 1996 and the Philippines which did not move from January 1, 2007

F3:  Most countries moved forward about 1 month to August 15, 2005.  Mexico moved forward about two weeks to May 8, 1995 and the Philippines moved forward about 1 week to March 1, 1995

F4:  Most countries moved forward about two weeks to May 22, 2004.  Mexico moved forward 1 week to October 8, 1997.  India moved forward about three weeks to October 22, 2003.  The Philippines moved forward about 1 week to June 8, 1994.

Employment Based Immigrant Visa Numbers

According to USCIS, all flings must use the Final Action Dates.  Therefore, all below dates are based upon that chart.

EB-1:  Remains current for all countries

EB-2:  Current for most countries except:  India, which moved forward about 1 month to October 8, 2008; and, China, which also moved forward about 1 month to June 15, 2013.

EB-3:  Most countries are current except: India, which did not move from October 15, 2006; China which forward about 1 month to  February 1, 2014; and, the Philippines, which moved forward about 1 month to January 15, 2016

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.

 

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.

Did Water Damage your Passport and/or Visa? Here is what you should do

damaged_passport_bookIn the wake of the hurricanes that have brought massive flooding to parts of Texas, Indiana, Florida and many islands in the Caribbean, many foreign nationals in the US planning foreign travel (or those outside the US planning on coming back) have passports and visas that have been water damaged.  According to the Department of Homeland Security, you should replace such documents before attempting to enter the US.  The primary reason for this is that the ink that is used in the documents does not hold up to water, and if the damage is apparent by looking at the document, there is a high likelihood that the visa/ passport will not be machine readable. People who seek reentry to the United States by air will not be permitted to board an airplane if their passports cannot be scanned. There is very little room for discretion for those entering by air, as the airlines will likely deny boarding before CBP (Customs and Border Protection) ever sees the applicant.

Those who seek reentry by land may receive greater favorable discretion, as they may be granted a waiver of the required entry document (on Form I-193, pursuant to INA 212(d)(4)). Such waivers are granted on a case-by-case basis at the discretion of the port, and there is no guarantee that it will be done in any particular case. In cases that merit favorable discretion (e.g., emergency travel due to hardship), you should call your attorney as soon as you can so that they can facilitate your return at a border port of entry by contacting them and explaining why you warrant a favorable exercise of discretion.   While ports will never pre-adjudicate admissibility, your entry may be facilitated by having your attorney make this type of inquiry in advance. The I-193 waives only the lack of a travel document and does not waive any other grounds of inadmissibility which would require a waiver under INA 212(d)(3).

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.

Final Rule on Start-Up Entrepreneurs Delayed until Next Year

As part of its review of rules promulgated under the Obama administration near the end of his term, the Trump administration has put on hold the final rule regarding allowing start-up Entrepreneurs to temporarily come to the US and start up a company.   The final rule was put on hold until March 14, 2018.  In the meantime, the Trump administration is soliciting comments on a proposal to revoke the rule.

While the new rule was somewhat limited (it applied to entrepreneurs with a start-up in the US that was less than 3 years old and had received substantial investment from US investors or substantial grants from US government entities AND only provided a parole document as opposed to an actual visa and more standard status), it was an important rule to allow more people to come to the US and start substantial businesses that would help our economy and provide employment to US citizens.  There really was no downside the rule considering the amounts of investment required and the documentation needed to show that the company has the potential for rapid business growth and, therefore, the ability to hire substantial US workers.

However, because the new administration ordered USCIS to only use its parole authority in strict humanitarian circumstances, it appears that this new rule will be revoked prior to being implemented.  The only possibility for a reprieve would be if there is a change to the executive order regarding the use of parole authority by USCIS.

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.

EB1 for China and India Backlogging in June, 2017

Unknown.jpegThe June, 2017 Visa Bulletin was released and the biggest change is that both India and China are now backlogged in EB-1 category.  Below are all the changes and further information about this new backlog.  We are also including updates from Charlie Oppenheim from the Department of State on projected future movements for the various immigrant visa categories.

Employment Based Immigrant Visas

EB1:  India and China Backlogged to January 1, 2012.  All other countries Current.  The reason for this backlog are several fold.  First, India and China have already used up about one half of ALL immigrant visas for the EB1 category already.  Second, there has been high usage in EB-4 and EB-5 categories.  Normally, all left over visas from EB-4 and EB-5 will roll over to the EB-1 category (and down to EB-2 if applicable.  However, because of the high usage in those categories, there are no visas to roll over.  Lastly, there has been significantly high demand in the EB-2 category for India and China, which prompts more people from those countries to file EB-1 applications if they can.  At this point, Charlie is very hopeful that India and China will go Current in this category again come October 1, 2017, the beginning of the new fiscal year.

EB2:  China moved forward about a month to March 1, 2013 and India moved forward a little more than 1 week to July 1, 2008.  All other countries are Current.  Right now India and China are both limited to their per country allocation in this category (approximately 2, 810 immigrant visas).  Both are expected to use up their allocations by the end of the fiscal year.  Additionally, worldwide EB2 will backlog by July or August (at the latest) but note, it will go current again come October 1, 2017.

EB3: China held steady at October 1, 2014, India moved forward about 2 months to May 15, 2005 and the Philippines moved forward about four months to May 1, 2013.  All other countries moved forward 1 month to April 15, 2017.  For China, Charlie is keeping it steady on October 1, 2014 for as long as possible.  China may backlog at some point, but Charlie is not certain.  Worldwide demand in this area is fairly steady so it should keep up as it has all year.  India is expected to move forward steadily in this category as long as Worldwide demand, and especially Mexico demand remains as low as it has been.

Family Immigrant Visas

Not much to say here, most categories moved forward about 1 week to 1 month, no more than that.  The only indications that Charlie gave were that F4 (Brothers and Sisters of Citizens) may move forward more significantly this fiscal year.  If you are waiting for that category keep an eye on it in the coming months.

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.