In this blog post, attorney Jacob Sapochnick talks about a brand-new proposal to increase the government filing fees for certain types of immigration benefits filed with the United States Citizenship and Immigration Services (USCIS).
Following the announcement, on January 4, 2023, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register outlining the proposed fee schedule which seeks to increase the filing fees of certain nonimmigrant visa classifications, as well as adjustment of status (green card) applications.
The government will be accepting public comments for the proposed rule until March 6, 2023. After the comment period has closed, the agency will review the public comments and issue a final version of the rule.
TIP:If you know that you will be applying for an immigration benefit that is subject to the proposed fee increase, you should apply as soon as possible to avoid incurring the higher fee.
In this video, attorney Jacob Sapochnick discusses the final rule, “Public Charge Ground of Inadmissibility” announced by the Biden administration on December 19, 2022.
The final rule applies to adjustment of status applications postmarked on or after December 23, 2022.
The new public charge rule was issued in response to President Biden’s Executive Order 14012, entitled, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.”
As you might recall, in 2018 former President Trump expanded the public charge rule making it more difficult for green card applicants to immigrate to the United States. Later in 2021, the Biden administration rescinded the Trump administration’s public charge rule and restored the original public charge of inadmissibility guidance that was in place before Donald Trump became President.
To help green card applicants prepare for the change, the Biden administration released a new edition of Form I-485 to better implement the regulations.
Want to know more about this topic? Just keep on watching.
Overview
How can the public charge rule impact me?
Biden’s public charge rule will impact all those who are filing Form I-485 Application to Register Permanent Resident or Adjust Status on or after December 23, 2022, with few exceptions.
Although new policy updates are being implemented by the Biden administration, it is important to understand that the “public charge” concept has been around since 1999 when Congress made it a matter of law for a noncitizen’s application for a visa, admission, or adjustment of status to be denied if the applicant is “likely at any time to become a public charge,” on the United States government.
We would like to highlight that in our practice, we have rarely seen an applicant denied solely on public charge grounds, however it is still important to understand what the public charge rule is about and what factors USCIS considers when analyzing whether a green card applicant is currently or likely to become a public charge.
As we enter the month of December, we share with you the latest Visa Bulletin, highlighting the new trends and projections in the family sponsored and employment-based preference categories. If you would like to know more about what you can expect in terms of visa numbers, please keep on watching.
Did you know? Every month the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants can assemble and submit the required documentation to the National Visa Center (for those residing overseas), or USCIS (for those residing in the United States).
The primary purpose of the Visa bulletin is to provide an updated waiting list for immigrants that are subject to the numerical visa quota system.
Overview
USCIS Adjustment of Status Filing Charts for the December Visa Bulletin (for those residing in the USA)
DATES FOR FILING CHART EMPLOYMENT-BASED PREFERENCE CASES
The December Visa Bulletin shows the following Dates for Filing cutoff dateswill apply for the issuance of an immigrant visa for employment-based categories:
EB-1: All countries, including India and China, will remain current.
EB-2: EB-2 China will remain at July 8, 2019 and EB-2 India at May 1, 2012. All other countries will remain current.
EB-3 Professionals and Skilled Workers: EB-3 India will advance to August 1, 2012, and EB-3 China will advance to September 1, 2018. All other countries will remain current.
EB–3 Other Workers: EB-3 China will remain at November 1, 2015, and EB-3 India will advance to August 1, 2012. A Date for Filing cut-off date of September 8, 2022, applies to all other countries.
EB-4: EB-4 El Salvador, Guatemala, and Honduras will remain at April 15, 2018, and EB-4 Mexico at October 15, 2020. All other countries remain at July 22, 2022.
EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), the Date for Filing for China will remain at January 1, 2016, India will have a Date for Filing cut-off imposed of December 8, 2019, and all other countries will remain current. For the EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure), the Date for Filing will remain current for all countries.
Are you applying for a green card or immigrant visa? Want to know whether the COVID-19 vaccine is required to immigrate to the United States?
Then this is just the right video for you. In this video you will learn all about the COVID-19 vaccination requirement from the U.S. Citizenship and Immigration Services (USCIS), as well as other useful information regarding the Form I-693, Medical Examination and religious exemptions to the vaccination requirement. This information is being provided to help you understand the medical examination requirements and prevent the issuance of a Request for Evidence.
Did You know? Last year, USCIS announced the COVID-19 vaccination requirement which impacted all adjustment of status applications and medical examinations, filed on or after October 1, 2021.
This means that if you submit your Form I-693 medical examination on or after October 1, 2021, you are required to complete the entire COVID-19 vaccine series (1 or 2 doses depending on formulation) and submit evidence of vaccination to your civil surgeon. During your medical examination appointment, your civil surgeon will inspect your vaccination record to make sure you have all of the necessary vaccinations, and discuss your vaccination history with you before signing the I-693 medical examination.
If you submitted your Form I-693 before October 1, 2021, then are not required to complete the COVID-19 vaccine series in order to obtain your adjustment of status.
On behalf of our team, we would like to thank you for your enormous support and express our heartfelt well wishes in this time of gratitude.
For the opportunity you give us to serve you year by year, we say thank you.
Happy Thanksgiving to you and your families.
Sincerely,
The Sapochnick Law Firm
As a reminder, please be aware that our office will be closed Thursday, November 24 and Friday, November 25 in observance of the holiday. We will resume normal business hours on Monday, November 28.
Contact us. To schedule a consultation please text 619-483-4549 or call 619-819-9204.
Need more immigration updates? We have created a new facebook group to address the impact of the new executive order and other changing developments related to COVID-19. Follow us there.
For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.
Did you know? Online registration for the Diversity Immigrant Visa Program (green card lottery) is now open for fiscal year 2024 (DV-2024) and will remain open until Tuesday, November 8, 2022, at 12 noon Eastern Standard Time.In this video attorney Jacob Sapochnick discusses what the diversity visa program is, who is eligible to register for DV-2024, and how you can apply.
Interested in learning whether you qualify? Just keep on watching.
Overview
What is the Diversity Visa Program?
The Diversity Immigrant Visa Program (DV Program) administered by the Department of State is an annual green card lottery for individuals who are from countries with low rates of immigration to the United States. If your country qualifies for the program, the government provides 50,000 immigrant visas that are up for grabs each year.
Those who register during the online registration period and are selected can immigrate to the United States through consular processing or by applying for adjustment of status with the U.S. Citizenship and Immigration Services (USCIS) if they are residing in the United States. Adjustment of status filings must be completed by September 30 of the fiscal year the lottery pertains to. Visas cannot be carried over to the next fiscal year.
What are the requirements?
You are eligible to participate if you meet the following 3 requirements.
Requirement #1: You must be a native of a country with historically low rates of immigration to the United States to enter.
Click here for the complete list of countries eligible (p. 16 to 20).
If you are not a native of a country with historically low rates of immigration to the United States, there are two other ways you might be able to qualify.
Is your spouse a native of a country with historically low rates of immigration to the United States? If yes, you can claim your spouse’s country of birth – provided that you and your spouse are named on the selected entry, are found eligible and issued diversity visas, and enter the United States at the same time.
Are you a native of a country that does not have historically low rates of immigration to the United States, but in which neither of your parents was born or legally resident at the time of your birth? If yes, you may claim the country of birth of one of your parents if it is a country whose natives are eligible for the DV-2024 program.
Do you have a U.S. employer willing to sponsor your employment in the United States? If so, you may be interested to learn more about the EB-3 employment-based category for skilled workers, professionals, or other unskilled workers. The EB-3 is the most common employment sponsorship category to start work in the United States. In this video, we will cover the EB-3 requirements, application process, and other important information you may want to know.
Did you know? The EB-3 comprises 3 sub-categories of foreign nationals: (1) skilled workers, whose jobs require a minimum of 2 years training or experience, and must meet the educational, training, or experience requirements of the job opportunity (2) professional workers whose job requires at least a U.S. baccalaureate or foreign equivalent degree and (3)other workers, performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
Want to learn more? Just keep on watching.
Overview
What is EB-3?
The EB-3 is an employment-based category for United States permanent residency. It is intended for “skilled workers,” “professionals,” and “other [unskilled] workers.”
Unlike persons with extraordinary abilities as in the EB-1 category, EB-3 applicants require a sponsoring U.S. employer to complete a labor certification process. There is no “self-petition” category under EB-3. You must have a permanent, full-time job offer from a U.S. employer and your employer must file a labor certification application on your behalf.
The EB-3 requirements are less stringent when compared to the EB-1 and EB-2 categories, typically reserved for individuals that can demonstrate extraordinary achievements (EB-1) or exceptional ability in a field that is in the national interest (EB-2).
Are you interested in learning all about the EB-1A visa for aliens of extraordinary ability in the sciences, arts, education, business, or athletics? Then this video is right for you. Here we break down the EB-1A eligibility criteria and what types of individuals qualify for this visa type.
Did you know? Individuals can self-petition for the EB-1A visa category. No employment sponsorship or labor certification is needed. If your EB-1A visa petition is approved by the U.S. Citizenship and Immigration Services (USCIS), you are eligible to apply for a green card by filing Form I-485, Application to Register Permanent Residence (if legally residing in the United States) or through Consular processing (if you are residing abroad). You may include your dependent family members on your I-485 application.
Want to know more? Just keep on watching.
Overview
The EB-1A is an employment-based visa type for individuals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international recognition in their field. To qualify, individuals must meet at least 3 of the following 10 criteria or provide evidence of a one-time achievement such as a Pulitzer Prize, Oscar, or Olympic Medal. EB-1A applicants must also be prepared to provide evidence that they will continue to work in their area of expertise in the United States once approved.
The main benefit of the EB-1A is that you can self-petition. You do not need sponsorship from a U.S. employer or labor certification to apply. As you might recall, earlier this year, USCIS issued a news alert encouraging employment-based applicants to consider transferring the underlying basis of their adjustment of status application to EB-1A or EB-2 if eligible, because of the exceptionally high number of employment-based immigrant visas available in those categories.
It’s the start of a brand-new week where we bring you more immigration news. In this video attorney Jacob Sapochnick discusses big changes to the October 2022 Visa Bulletin, including important updates for EB-5 Immigrant Investors, a breakdown of what these changes mean, and what you can expect in the future.
If you are an EB-5 Immigrant Investor or thinking of participating in the EB-5 Immigrant Investor Program, then this is the right video for you.
Did you know?The Visa Bulletin is a handy tool published by the Department of State every month, for employment-based and family preference categories that are subject to numerical limitations. The Visa Bulletin describes the availability of immigrant visas for each preference category according to the applicant’s “priority date,” and country of nationality. Once your priority date has become current, and a visa number is available, you may proceed with the immigrant visa process (or adjustment of status if residing in the United States).
Overview
In this video we analyze specific developments that can be seen in the October 2022 Visa Bulletin as it relates to EB-5 Immigrant Investors.
The October 2022 Visa Bulletin revealed two important considerations for EB-5 Immigrant Investors:
#1: Priority date retrogression for the EB-5 “Unreserved” final action date chart for China from a previous date of December 22, 2015, to March 22, 2015 (9-month retrogression)
#2: Creation of an EB-5 “Unreserved” final action date for India of November 8, 2019, a new date that first appeared in the October 2022 Visa Bulletin.
Are you in the United States on an E-2 visa or would like to apply for an E-2 visa? Would you like to know how to transition from an E-2 visa to a green card? If so, this is the right video for you. Here you will find information on the different paths to permanent residency that may be suitable for investors to consider in 2022/2023.
Did you know? The E-2 is a nonimmigrant visa type that is available for individuals from certain treaty countries that wish to remain in the United States on a temporary basis to manage their businesses in the United States. Qualified investors are granted an initial stay of 2 years in E-2 status, with additional extensions of up to 2 years each up to the visa’s validity. E-2 investors who wish to make the United States their permanent home, may wish to consider the following options. If you would like to know more information about these options, we invite you to schedule a consultation.
Overview
What is the E-2 visa?
The E-2 Treaty Investor visa is a nonimmigrant visa type, that allows a national of a participating treaty country to gain entry into the United States, for the purpose of managing their business. To be eligible, applicants must invest a substantial amount of capital in their U.S. business, demonstrate at least 50% ownership, and seek to work in a position to develop and direct their business.
The E-2 visa is issued for an initial period of 2 years. However, the main benefit is that there is no limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.
With that being said, circumstances sometimes lead E-2 investors to consider making the United States their permanent home, which leads to a common question – how can E-2 investors transition from a nonimmigrant visa type to permanent residency in 2022/2023?
Options for Permanent Residency
Employment Sponsored Green Card also known as “PERM” Labor Certification
The first option that may be considered is obtaining permanent residency through employment-sponsorship through a process known as “PERM” labor certification.
To proceed with this option, the applicant must first have a job offer of future employment from a U.S. employer and the employer must be willing to sponsor the applicant’s employment-based petition.
E-2 investors may find this to be a suitable option if they have an associate, partner, client, etc. interested in hiring them for a future position and acting as their sponsor throughout the PERM process.
Immigration Lawyer Blog
