In this video, attorney Jacob Sapochnick provides a brand-new update regarding the current Immigrant Visa backlogs for those currently going through Consular processing (waiting for an interview at a U.S. Embassy or Consulate overseas), as well as those with cases at the National Visa Center.
What you need to know is that from the period of June to July 2023, there has been nearly no movement in the Immigrant Visa backlog. At the same time, there has been a decrease in the number of people who were actually scheduled for Immigrant Visa interviews at U.S. Consulates and Embassies overseas from June to July as indicated in the figures below.
Therefore, while the backlog remains the same, more and more people are being scheduled for visa interviews.
If you want to know what you can expect moving forward, please keep on watching.
Did you Know? Every month the Department of State’s National Visa Center (NVC) publishes an Immigrant Visa Backlog report, which provides data and statistics relating to the current status of worldwide visa operations, including the number of documentarily complete immigrant visa cases currently at the National Visa Center waiting for interviews, the number of cases that were scheduled for interviews at the end of each month, and the number of immigrant visa cases still waiting to be scheduled for a visa interview after interview appointment scheduling was completed at the end of each month
Overview
According to the National Visa Center’s Immigrant Visa Backlog Report for the month of July 2023, there has been a very modest increase in the immigrant visa (IV) backlog rising from 351,337 pending cases in June to 351,821 pending cases in July.
In this video, we share with you the latest movement in the family-sponsored and employment-based preference categories for the month of August.
There will be significant retrogression of the final action date in the EB-1 India preference category by 10 years and 1 month to January 1, 2012.
Additionally, a final action cutoff date for all countries in the EB-1 category, except China, will be imposed at August 1, 2023.
The EB-3 Professionals and Skilled Workers final action date will also retrogress by 1 year and 9 months to May 1, 2020, except for India which will remain at January 1, 2009, and China which will advance by 2 months to June 1, 2019.
In the family-sponsored categories, the dates for filing cutoff dates remain the same as the previous month, except F-1 Mexico which will advance by 2 years and 3 months to April 1, 2005, and F2B Mexico which will advance by 2 years and 4 months to August 1, 2004.
Here are some of the highlights of the August 2023 Visa Bulletin starting with the family-sponsored categories.
Employment-based categories Highlights
*Final Action cutoff dates – Retrogressions in August:
EB-1 India will retrogress by more than 10 years to January 1, 2012
EB-1 Worldwide, China:
The State Department has imposed a final action cutoff date for EB-1A Worldwide for all countries except China, at August 1, 2023.
The EB-1 China Final Action Date will remain at February 1, 2022.
EB-2 Worldwide, China:
EB-2 China will advance by one month, to July 8, 2019.
The Final Action Date for EB-2 India will remain at January 1, 2011.
The EB-2 Worldwide Final Action Date will advance by six weeks, to April 1, 2022, for all other countries.
EB-3:
The Final Action Date for EB-3 China Professional/Skilled Worker will advance by two months, to June 1, 2019.
EB-3 India Professional/Skilled Worker will remain at January 1, 2009.
For all other countries, the EB-3 Professional/Skilled Worker Final Action Date will retrogress by almost two years, to May 1, 2020.
Prediction: We predict that by October 2023 the EB-1 final action dates will advance significantly, depending on usage and on the FY 2024 annual numerical limit which will reset in October (the start of the fiscal year).
In this video attorney Jacob Sapochnick explains how you can apply for an F-1, J-1, or M-1 international student visa in 2023 in 10 easy steps.
In 2022 we saw a significant rebound in the number of international students applying for visas to study in the United States with over 1.3 million students coming to the United States from 227 countries.
Overview
Essentially there are 3 types of student visas: the F-1 visa for academic students, J-1 visa for exchange visitors, and M-1 visa for vocational students. We discuss each of these visa categories in turn down below.
F-1 Visa for Academic Students
The F-1 nonimmigrant visa category allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that leads to a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.
J-1 Visa for Exchange Visitors
The J non-immigrant visa category is for individuals approved to participate in work-and study-based exchange visitor programs. Such programs may be for the purpose of teaching, instructing, or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.
Separately, we are happy to report that international student enrollment has returned to pre-covid numbers according to statistical information provided in the last year.
Overview
For the first time in many years, international student enrollment has made a comeback since the pandemic began. Visa numbers have continued to increase from 2021 all the way through 2023.
By way of illustration, in the year 2022 alone, there were over 1.3 million active students in F-1, M, and J status in the United States. This represents an increase of over 10% from the previous year.
International students were one of the biggest groups of applicants that were adversely impacted during the pandemic. This was due to the suspension of in-person instruction at colleges and universities nationwide, and the temporary suspension of visa services at Consulate and Embassies worldwide.
We have seen a dramatic change in the past year with record increases in student visa applications and student visa approvals for international study.
Statistics of the International Student Rebound
Here are some of the statistics of the international student rebound this past year:
California attracted the most international students in the year 2022
In the year 2022, international students came to the United States from over 227 countries
70% of these students came from Asia (China and India)
India issued the most student visas in the year 2022
In this video, and just like every month we cover the movement in the family-sponsored and employment-based preference categories of the July 2023 Visa Bulletin.
We are seeing some big advancements in the family-sponsored categories next month, as well as some retrogressions in the final action dates for the employment based third preference category (EB-3) for all countries except China.
Before we jump into our analysis, let’s first go over some of the highlights of the July 2023 Visa Bulletin starting with the family-sponsored categories.
Family-sponsored categories Highlights
*Dates for Filing cutoff dates – Advancements in July:
Are you going through the immigrant visa process, waiting for your interview to be scheduled at a Consulate or Embassy overseas? Then this video is right for you. We will provide the latest updates including which Consular posts are open, their processing times, and which posts are experiencing long wait times as of June 2023.
Overview
Embassies and Consulates around the world are beginning to ramp up their processing of immigrant visas, with the hiring of additional personnel to reduce the visa backlogs.
During the Coronavirus pandemic, immigrant visa cases have been warehoused at the National Visa Center (NVC) while awaiting interview scheduling at U.S. Embassies and Consulates abroad. Due to the high demand for visa interviews, most Consular posts have not been able to accommodate the majority of applicants who are still waiting for their appointments to be scheduled.
Unfortunately, the National Visa Center (NVC) is not able to forward cases to Embassies and Consulates until they have received confirmation that the post has available interview slots.
This is the case even if your case is documentarily qualified and even if your priority date is current on the Visa Bulletin. Your case cannot be forwarded to the Embassy or Consulate until they have confirmed that an interview slot is available for you.
On the other hand, if your case has not been documentarily qualified (meaning all documentation has been received by the NVC), or your priority date is not current on the Visa Bulletin, then your case will not be scheduled for an immigrant visa interview.
Are you or a family member interested in applying for a B1/B2 Visitor Visa to the United States? Would you like to know some useful tips that may help you schedule your tourist or non-immigrant visa interview appointment faster in 2023?
If so, then this is the right video for you! Learn all about this important topic and how you can minimize visa interview wait times with our helpful tips.
Overview
The Department of State recently announced that they will be allowing B1/B2 visitor visa applicants and certain other types of nonimmigrants, the ability to schedule their visa interview appointments outside of their home country at some select American embassies as a third country national (TCN).
For example, if you are a foreign national of a country experiencing very high visa demand such as India, China, etc., you may be allowed to schedule your visa interview appointment in another country as a third country national (such as a neighboring country with shorter waiting periods).
This new announcement will be useful for applicants who have been waiting over a year to get a tourist visa interview appointment in their home countries.
U.S. Embassies in India are now encouraging certain applicants to apply for their tourist visas at Consular posts such as Bangkok, Thailand, which is among the U.S. missions where Indian nationals can get an appointment for B1/B2 tourist visas in 2023 outside of India.
As an example, the current wait time to get a B1/B2 tourist visa interview appointment at the U.S. Embassy in Bangkok, Thailand is about 30 to 35 days, compared to a wait time of over one year at most missions throughout India. This will benefit Indian nationals who are already residing in Bangkok, or who have the ability to travel there for their appointments.
Non-immigrant Visa Processing for Third Country Nationals
A third-country national (TCN) is a citizen of a “third” country that seeks to apply for a non-immigrant visa type in a country where they are not ordinary resident (and where they do not hold citizenship) with their third-country passport.
Certain U.S. Consular posts and Embassies accept and process non-immigrant visa applications from third-country nationals. For instance, non-immigrant visas for Ukrainian and Russian nationals may be processed and scheduled at the U.S. Embassy in Warsaw, Poland.
Likewise, Pakistani nationals who had their cases at the U.S. Embassy in Islamabad, have been able to transfer them to U.S. Consular posts in neighboring countries for interview scheduling.
While this practice has been occurring for at least the past year, previously it was not widely available for non-immigrant visa types, because U.S. Consular posts required applicants to maintain residency in the countries in which they applied.
Due to the growing non-immigrant visa backlogs caused by the pandemic, U.S. Embassies and Consulates have shown greater flexibility in allowing third country nationals to seek appointments outside of their home countries, despite not residing there. This is the case especially in countries with substantial visa delays like India, Pakistan, and the Philippines. Foreign nationals from these countries can apply for their B1/B2 tourist visas and non-immigrant visas in neighboring countries where interview wait times are much more reasonable.
As the summer approaches, applicants simply cannot afford to wait over a year for a visa interview appointment. Therefore, applying as a third country national outside your home country, can greatly improve your chances of receiving an interview appointment in much less time with fewer headaches.
If you found this information helpful, please share it with a friend or family member.
Contact us. For help applying for a non-immigrant visa as a third-country national, we invite you 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.
In this video, attorney Jacob Sapochnick explains the process for a United States Citizen to petition his or her parents for a green card, through adjustment of status (for those lawfully residing in the U.S.) or Consular processing (for those residing overseas).
If you want to know more about the eligibility requirements to do so, and how long it is currently taking for USCIS to approve green card applications for parents, please keep on watching.
Overview
Every year, thousands of people apply for green cards in different categories. One of the most common filings are green cards for parents of U.S. Citizens.
First, let’s discuss the requirements to file your parent’s green card.
To file the green card petition for your parents, you must be a U.S. Citizen that is 21 years of age or older. As proof of your qualifying family relationship to your parent, you will be required to provide a photocopy of your birth certificate.
As the petitioner (the U.S. Citizen family member filing the green card application with USCIS), you will also be required to file what is known as the I-864 Affidavit of Support. Form I-864 is your contract with the U.S. government promising to provide adequate financial support for your parent until they become a U.S. Citizen. As part of this process, you must prove to the U.S. government that you meet 125% of the Federal Poverty Guidelines according to your household size by providing verification of employment, and income verification documents.
Finally, your parent must intend to reside in the United States upon approval and issuance of their green card.
Procedure to Apply for the Green Card
There are generally two ways to immigrate your parent to the United States depending on where they are living: (1) adjustment of status or (2) consular processing.
In this video, attorney Jacob Sapochnick answers some of your burning questions including whether you can expedite your marriage or fiancé(e) visa case in 2023, how long the process is currently taking, and other related questions.
If you would like to know more about this topic, please keep on watching!
Overview
The Coronavirus pandemic has caused a number of obstacles for fiancé(e)’s and spouses of United States citizens residing overseas. As many of our readers know, at the height of the pandemic, the Department of State announced the suspension of all routine visa services including immigrant and nonimmigrant visa appointments worldwide. Since Embassies and Consulates were shuttered for a significant period of time, this created a backlog of cases piling up at the National Visa Center due to visa interviews not being scheduled during the suspension.
It was not until July 2020, that U.S. Embassies and Consulates began a phased resumption of routine visa services on a post-by-post basis. Despite this announcement, many Consular posts have continued to place restrictions on their operating capacity due to local country conditions, workforce limitations, and public safety protocols.
In the past year or so, the processing of marriage and fiancé(e) visas has been impacted by this slow return to a sense of normalcy. U.S. Consulates and Embassies in certain countries have eased pandemic restrictions and are working normally, while others have struggled to catch up with the rest of the world. As a result, visa interview appointments for spousal and fiancé(e) visas have been very limited.
In this video, attorney Jacob Sapochnick tells you everything you need to know about the EB-5 Immigrant Investor Program in the year 2023. While there have been recent Congressional changes to the program, it is still an option for those who wish to obtain their green card through a qualifying investment.
If you would like to know more about the EB-5 Immigrant Investor Program, please keep on watching!
Did You Know? The EB-5 Immigrant Investor Program was first created by Congress in the year 1990 to stimulate the United States economy through job creation and capital investment by foreign investors. In return for their qualifying investment, investors receive conditional permanent residence in the United States, and are required to remove their conditions on permanent residence by filing Form I-829 within 90 days of their conditional green card’s expiration.
In 1992, Congress extended the program to allow for Regional Center investment, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.
Overview
EB-5 Investment Visa: The Ultimate Guide in 2023
What is the EB-5 investor visa?
The EB-5 investor visa allows qualifying investors (and their spouse and unmarried children under age 21) to receive conditional permanent resident status (a 2-year green card).
One of the ways in which foreign investors may qualify for the EB-5 classification is by investing through regional centers designated by USCIS based on proposals for promoting economic growth.
When investing in regional centers, investors will choose a project offered by the regional center in which they wish to invest. Typically, the projects offered for investment are real estate development projects. For regional center investment, the investor does not need to invest in a project in his or her state of residence. The investment can occur anywhere in the United States.
Additionally, regional center investment allows investors to passively invest in the project, without having to direct or manage it themselves. Regional center investment is the most common way to qualify for the EB-5 visa. In fact, 95 percent of all EB-5 investors file their cases through Regional Center investment.
Another way to qualify is by investing directly in a new commercial enterprise that you intend to direct and operate. In this case you will be managing the project yourself. Only 5 percent of EB-5 investors opt for investment in a new commercial enterprise, because it is more risky.
On March 15, 2022, President Biden signed the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act, 2022 (Public Law 117-103), which created new requirements for the EB-5 immigrant visa category and the Regional Center Program. EB-5 immigrant visas are currently authorized under the Regional Center Program through September 30, 2027.
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