Articles Posted in EB-1A

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Are you waiting for your priority date to become current on the visa bulletin? Then you won’t want to miss this blog post covering the release of the August 2024 visa bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of August.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed that in August it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence.

For family-sponsored preference categories, USCIS will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence.

Highlights of the August 2024 Visa Bulletin

Employment-Based Categories

Final Action and Dates for Filing EB-2 and EB-3 India Advancement 

  • The Final Action date for EB-2 India will advance to July 15, 2012 and the Date for Filing to July 22, 2012
  • The Final Action date for EB-3 India will advance to October 22, 2012 and the Date for Filing to November 1, 2012

Other Categories

  • The Final Action dates and Dates for Filing for the remaining employment-based categories remain the same as the July Visa Bulletin

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Are you interested in self-petitioning for a green card (permanent residence) in 2024? If so, you won’t want to miss this important video.

Overview

Did you know that it is possible to apply for a green card on your own through a self-petition and avoid the process of getting a U.S. job offer? In this video, we discuss the top three ways you can apply for permanent residence without a U.S. company sponsoring you and without a U.S. job offer.

Option #1: Employment-Based First Preference Category, EB-1A Aliens of Extraordinary Ability

The first immigrant visa classification we will discuss is the EB-1A visa. This immigrant visa is suitable for individuals who have attained “extraordinary ability” in the sciences, arts, education, business, or athletics through sustained national or international acclaim in their field.

Those who qualify for the EB-1A category can self-petition for their visa on their own. They do not need a U.S. job offer nor employment sponsorship to apply for permanent residence.

EB-1A is Current on the Visa Bulletin 

Additionally, as of June 2024 the EB-1A category remains current on the Visa Bulletin for all countries except India and China, which means that most applicants will not need to wait to apply for adjustment of status to permanent residence so long as the category remains current. For nationals of India and China please see the EB-1A wait times on the June 2024 Visa Bulletin.

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In this video attorney Jacob Sapochnick discusses the State Department’s release of the June 2024 Visa Bulletin. Learn all about the changes we are seeing in the family-sponsored and employment-based categories for the month of June in this video.

Adjustment of Status Filing Chart June 2024

For the month of June 2024, the U.S. Citizenship and Immigration Services (USCIS) will continue to use the Dates for Filing Chart for all family-sponsored preference categories, and the Final Action Dates Chart for all employment-based preference categories, when applying for adjustment of status to permanent residence in the United States.

Top Highlights of the June Visa Bulletin

Employment-Based Categories

Unfortunately, for the employment-based categories, the June Visa Bulletin shows no movement.

  • The Dates for Filing chart in June remains unchanged from the previous months.
  • The Final Action Dates for EB-1, EB-2, and EB-5 remain unchanged.
  • Only EB-3 India will advance by one week.

Family-Sponsored Categories

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In this video, attorney Jacob Sapochnick provides a new update regarding the recent increase in the Immigrant Visa backlogs, which grew to more than 25,000 additional cases in the month of April alone.

To find out why this is this happening and what can you expect, 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 the month.

Overview

According to the Department of State’s Immigrant Visa Backlog Report for the month of April 2024, there has been a substantial increase in the immigrant visa (IV) backlog rising from 326,415 pending cases in March to 351,624 cases in April —  nearly a 10% increase amounting to a jump of 25,209 additional cases added to the backlog in just a one-month period. 

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Did you know? The May 2024 Visa Bulletin was recently released by the Department of State. In this video, attorney Jacob Sapochnick talks about the exciting movement we are seeing in almost all the family-sponsored categories in the month of May, and what we can expect to see for the employment-based categories in the coming months.

Adjustment of Status Filing Chart May 2024

For the month of May 2024, the U.S. Citizenship and Immigration Services (USCIS) will continue to use the Dates for Filing Chart for all family-sponsored preference categories, and the Final Action Dates Chart for all employment-based preference categories, when applying for adjustment of status to permanent residence in the United States.

What Can We Expect to see in the Month of May?

Family-sponsored categories

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

The Final Action Dates Chart for the family-sponsored categories advanced for nearly all categories as follows:

  • F1 Mexico will advance by 5.5 months to October 15, 2001
  • F1 Philippines will remain the same at March 1, 2012
  • F1 All other countries will advance by 4.9 months to July 8, 2015
  • F2A Mexico will advance by 2.8 months to November 8, 2020
  • F2A Philippines will advance by 8.7 months to June 1, 2021
  • F2A All other countries will advance by 8.7 months to June 1, 2021
  • F2B Mexico will advance by 4.3 months to March 1, 2004
  • F2B Philippines will remain at October 22, 2011
  • F2B All other countries will advance by 4.3 months to April 1, 2016
  • F3 Mexico will advance by 10.4 months to July 22, 1999
  • F3 Philippines will advance by 1.8 months to August 1, 2002
  • F3 All other countries will advance by 3 months to January 1, 2010
  • F4 Worldwide and China will advance by 1.4 months to July 22, 2007
  • F4 India will advance by 1 month to January 15, 2006
  • F4 Mexico will advance by 3.3 months to January 22, 2001
  • F4 Philippines will advance by 2.8 months to September 8, 2003

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In this video, attorney Jacob Sapochnick analyzes the April 2024 Visa Bulletin and discusses the significant movement in the employment based categories and modest movement in the family-sponsored preference categories for the month of April. We also discuss our predictions on what to expect from the Visa Bulletin in the coming months.

If you would like to know more about this topic, we invite you to watch our video.

Adjustment of Status Filing Chart April 2024

For the month of April 2024, the U.S. Citizenship and Immigration Services (USCIS) will use the Dates for Filing chart for family-sponsored filings to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).

For employment-based preference categories, USCIS will use the Final Action Dates chart to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).

What Changes Can Be Seen Next Month?

Family-sponsored categories

Dates for Filing

The Dates for Filing chart remains unchanged from the previous month except for the following categories:

  • F4 India will advance by 1.5 months to April 8, 2006, and
  • F4 Philippines will advance by 1 year to April 22, 2005

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Do you have a visa that has been pending for an unreasonable period at a U.S. Consulate or Embassy abroad, or perhaps that has been stuck in administrative processing for years with no decision? If so, you may be interested to learn of possible solutions to resolve your case matter.

In this video, attorney Jacob Sapochnick tells you everything you need to know about this important topic, including a discussion about the writ of mandamus lawsuit, and how it can help compel a decision in certain cases where there has been an unreasonable delay.

If you would like to know more about this topic, we invite you to watch our video.

Overview

Mandamus Lawsuits for Immigration Delays

A mandamus lawsuit also known as a writ of mandamus, is filed in federal court to compel a government body to fulfill their legal duty, for instance by issuing a decision on a visa application or immigration benefit, that has been unreasonably delayed by the agency.

The purpose of the mandamus lawsuit is to hold the government accountable where they have failed to act, as required by U.S. immigration law, to make a decision on an application. In cases where the U.S. Citizenship and Immigration Services (USCIS) or the Department of State (DOS) has failed to fulfill its duty, the mandamus lawsuit may be appropriate to help move a case forward to its final decision.

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In this video, attorney Jacob Sapochnick discusses the latest updates in the March 2024 Visa Bulletin including slight advancements in the employment based categories and major movement in the family-sponsored preference categories in the month of March. We also discuss our predictions on what to expect from the Visa Bulletin in the coming months.

If you would like to know more about this topic, we invite you to watch our video.

Adjustment of Status Filing Chart March 2024

For the month of March 2024, the U.S. Citizenship and Immigration Services (USCIS) will use the Dates for Filing chart for family-sponsored filings to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).

For employment-based preference categories, USCIS will use the Final Action Dates chart to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).

What Changes Can Be Seen Next Month?

Employment-based categories

Dates for Filing

  • The March Dates for Filing remain the same as February 2024, with the exception of the employment-based fourth preference category, EB-4 which will advance by 4 months to January 1, 2020.

Movement in the Final Action Dates

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In this video, attorney Jacob Sapochnick shares the latest news regarding the Immigrant Visa backlog at the National Visa Center as of January 2024. 

If you would like to know more about this important update, 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 January 2024, there has been a slight decrease in the immigrant visa (IV) backlog from 304,773 pending cases in December 2023, to 292,105 pending cases in January 2024 still waiting to be scheduled for a visa interview. By comparison, in November of 2023, there were 311,550 pending cases waiting for interview scheduling.

This reduction is a great sign because it shows that the National Visa Center is consistently decreasing the immigrant visa backlog, and scheduling more and more appointments for immigrant visa interviews at U.S. Consulates and Embassies worldwide.

Additionally, when comparing the December 2023 and January 2024 Immigrant Visa backlog reports, we can see that the number of immigrant visa applicants whose cases were documentarily complete and therefore ready to be scheduled for an interview at Consulates and Embassies decreased from 341,392 (as of November 30, 2023) to 337,870 (as of December 31, 2023).

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In this video, attorney Jacob Sapochnick shares everything you need to know about the February 2024 Visa Bulletin including a few changes in the employment based and family-sponsored preference categories. We also discuss our predictions on what to expect from the Visa Bulletin in the coming months.

If you would like to know more about this topic, we invite you to watch our video.

Adjustment of Status Filing Chart February 2024

As in the previous few months, the U.S. Citizenship and Immigration Services (USCIS) will continue to use the Dates for Filing chart in the month of February 2024 to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).

What Changes Can Be Seen Next Month?

Employment-based categories

  • The February Dates for Filing remain the same as January 2024

Final Action Dates

  • EB-1 Worldwide: Final Action Dates will remain current.
  • EB-2 Worldwide: Final Action Dates will advance by two weeks to November 15, 2022.
  • EB-3 Professional/Skilled Workers: India will advance by one month to July 1, 2012. Final Action Dates for the remaining countries in this category will advance by one month to September 1, 2022.
  • EB-3 Other Workers: India will advance by one month to July 1, 2012.
  • EB-5: The EB-5 China Unreserved Final Action Date will advance by one week to December 15, 2015.

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