Articles Posted in EB-3 Philippines

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In this video, attorney Jacob Sapochnick discusses different avenues that an employer may wish to take if their employee’s PERM labor certification has been denied by the U.S. Department of Labor (DOL). For those who are unaware, the PERM labor certification process allows a U.S. employer to sponsor a foreign worker’s green card so that they can live and work permanently in the United States. PERM is the first step the U.S. employer must take before they can file the foreign worker’s immigration petition with the U.S. Citizenship and Immigration Services (USCIS) also known as Form I-140 Immigrant Petition for Alien Worker.

But what happens when the employer’s PERM labor certification application is denied by the Department of Labor? We discuss all that and more right here on this video.

Overview

The denial of a PERM labor certification application can be frustrating because employers and foreign workers invest a great deal of time and expense to ensure that the process goes smoothly.

There are generally three steps involved in the process of obtaining permanent residence through an employer:

  1. The U.S. employer must file a labor certification application with the U.S. Department of Labor. This requires the employer to prove that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job being offered in the area of intended employment. This is proven by going through a recruitment process where the employer places multiple advertisements for the position. The employer must also show that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  2. Once a permanent labor certification application has been approved by the DOL, the employer will need to file Form I-140 Immigrant Petition for Alien Worker with USCIS on behalf of the foreign worker.
  3. Upon approval of Form I-140, the applicant can proceed with applying for adjustment of status to permanent residence with USCIS. In some instances, the I-140 and I-485 can be filed concurrently.

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Are you interested in learning about the green card wait times for family-sponsored and employment-based preference categories subject to the annual limits?

If so, then we invite you to watch this video about the newly released October 2023 Visa Bulletin. This is a Visa Bulletin you won’t want to miss because October is the start of a brand new fiscal year. The Department of State has confirmed that there will be an estimated 165,000 employment-based visa numbers allocated in fiscal year 2024, which ends on September 30, 2024.

USCIS has confirmed that it will accept adjustment of status applications filed in the month of October pursuant to the Dates for Filing chart for both family-sponsored and employment-based preference categories.

The October Visa Bulletin Dates for Filing chart shows advancement from last month for all employment-based categories except EB-3 worldwide, Mexico, and Philippines which will retrogress by 3-4 months; EB-1 India will also retrogress by two months.

The Dates for Filing chart for the family-sponsored categories remains unchanged from last month.

Highlights of the October 2023 Visa Bulletin

Here are some of the highlights of the October 2023 Visa Bulletin which marks the start of the new fiscal year 2024.

Employment Based Categories

Final Action cutoff dates:

  • EB-1: will advance by five years for India to January 1, 2017, and by two weeks for China to February 15, 2022. All other countries will be current in October.
  • EB-2: will advance by one year to January 1, 2012, for India, and by almost three months for China to October 1, 2019. All other countries will advance by one week to July 8, 2022, in October.
  • EB-3:  EB-3 Professional/Skilled Worker will advance by three years and four months for India, to May 1, 2012, and by four months for China to January 1, 2020. All other countries will advance by one year and seven months to December 1, 2021.
  • EB-5: For EB-5 Unreserved categories (C5, T5, I5, and R5) India will advance by one year and eight months to December 15, 2018, and by three weeks for China to October 1, 2015. All other countries will be current in October. The EB-5 set aside categories (Rural, High Unemployment, and Infrastructure) will also be current in October.

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Want to know why the immigrant visa backlog is still a big issue in 2023? Then you won’t want to miss this blog post, where attorney Jacob Sapochnick tells you all you need to know about the visa backlogs.

Overview

So, you’ve filed your green card application and now your case is stuck in the backlogs. In this video we discuss what the green card backlog is and why it is still happening in 2023.

What is a green card backlog?

A green card backlog occurs when there have been significant delays in the processing and approval of applications for adjustment of status to permanent residency (also known as green card applications filed with USCIS) and/or immigrant visa applications awaiting interview scheduling at U.S. Consulates and Embassies abroad.

While the backlog has always existed to some extent, mandatory quarantines and social distancing protocols occurring during the Coronavirus pandemic worsened delays in green card processing. Additionally, the annual numerical limits for family-sponsored and employment-based preference categories limit the number of green cards that can be issued every year, therefore causing delays among millions of applicants who must wait for their “priority date” to become current on the Visa Bulletin, before becoming eligible to apply for their green card. For many of these categories, demand for visas far exceeds the number of available visas which causes a backlog of applicants waiting for their turn at the front of the line.

Furthermore, the Immigration and Nationality Act imposes a per-country limit on the number of green cards that can be issued by country of nationality. Therefore, applicants from countries that experience a high demand for visas such as India, China, Mexico, and the Philippines have much longer wait times when compared to other foreign nationals.

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Want to know all about the August 2023 Visa Bulletin? Then you’ve come to the right place.

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:

For employment-based preference categories, adjustment of status applicants must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2023.

  • 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).

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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:

  • F-1 Mexico will advance by 1 month
  • F-1 China, India, World will advance by 8 months
  • F2B Mexico will advance by 3 months
  • F3 China, India, World will advance by 3 weeks
  • F4 China and World will advance by 1 month
  • F4 Mexico will advance by 2 weeks

Final Action cutoff dates – Advancements in July:

  • F1 Mexico will advance by 3 weeks
  • F2B Mexico will advance by 2 months
  • F3 China, India, World will advance by 2 weeks
  • F3 Mexico will advance by 2.5 months
  • F4 China and World will advance by 2 weeks

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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.

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In this video, attorney Jacob Sapochnick provides an update regarding the recent increase in the Immigrant Visa backlogs, which grew to more than 21,000 additional cases in the month of February alone.

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 February 2023, there has been a substantial increase in the immigrant visa (IV) backlog rising from 386,787 pending cases in January to 408,456 cases in February — nearly a 6% increase amounting to a jump of 21,669 additional cases added to the backlog in just a one-month period. 

Additionally, when comparing the January and February Immigrant Visa backlogs, 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 increased by 21,874 cases, from 422,954 (in January) to 444,828 (in February).

  • A case is considered documentarily complete by the National Visa Center, when the applicant has paid all necessary fees and submits all necessary documents to meet the formal visa application requirements, such that the case is ready to be scheduled for a visa interview. When a case becomes documentarily complete, the NVC sends applicants an email to notify them that their case is complete and pending scheduling at the local Consulate or Embassy.

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Welcome back to the Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick shares the most up to date information regarding the current status of U.S. visa services at U.S. Consulates and Embassies worldwide.

Many of our viewers have been asking us to provide a new update regarding visa operations in the year 2023. Here we provide a roundup of everything we know about this important topic.

Keep on watching to find out more.

Overview

As you might remember, the Department of State first suspended routine visa services at U.S. Consulates and Embassies worldwide during March of 2020 due to the COVID-19 pandemic. Slowly, but surely, Embassies and Consulates began a phased resumption of routine visa services, scheduling visa interviews according to local country conditions.

Today, Coronavirus restrictions have been lifted worldwide. Approximately 96 percent of U.S. Embassies and Consulates are interviewing visa applicants, while processing nonimmigrant visa applications at 94 percent of pre-pandemic monthly averages, and immigrant visa applications at 130 percent.

In the past 12 months (through September 30, 2022), DOS reported processing 8 million non-immigrant visas. The agency expects to soon meet or exceed pre-pandemic visa processing capacity.

The waiver of in-person visa interviews for several key visa categories has been an important part of driving down the substantial visa backlogs. For instance, DOS has been waiving in-person interviews for many students and temporary workers integral to supply chains.  In addition, applicants renewing nonimmigrant visas in the same classification within 48 months of their prior visa’s expiration can apply for visas without an in-person interview in their country of nationality or residence.  This has dramatically reduced the wait time for an interview appointment at many Embassies and Consulates.

The State Department estimates that 30 percent of worldwide nonimmigrant visa applicants may be eligible for an interview waiver, freeing up in-person interview appointments for those applicants who still require an in-person interview.

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In this video attorney Jacob Sapochnick discusses how Google layoffs are impacting foreign workers in the United States going through the employment-based green card process known as PERM. Layoffs in Silicon Valley have been more and more common, with major tech companies like Amazon, Facebook, and Twitter abruptly ending thousands of jobs, leaving workers scrambling for alternatives.

Specifically, what happens when a foreign worker is going through the employment-based green card process with their U.S. employer and subsequently gets laid off?

In this video we discuss the different scenarios that may apply and go over the different options for laid off workers going through the green card process.

If you want to know more just keep on watching.

Did you know? PERM Labor Certification is the process used for obtaining Labor Certification and is the first step for certain foreign nationals in obtaining an employment-based immigrant visa (Green Card). The employment-based preference categories that require PERM Labor Certification are EB-2 (other than a National Interest Waiver) and EB-3. Before a U.S. employer can file the I-140 Immigrant Petition for Alien Worker with USCIS, the employer must first obtain an approved Labor Certification from the Department of Labor (DOL).

Overview

What are the immigration options for those whose employment has been terminated?

Unfortunately, the uncertain economic climate has led to the loss of thousands of jobs, negatively impacting foreign workers. In particular H-1B workers have been some of the most affected.

Below we discuss some of the options that may be available to nonimmigrant workers who have been terminated and wish to remain in the United States following their termination. Additionally, we discuss how some workers can preserve their I-140 petition’s priority date or even their green card process depending on the stage of employment termination.

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In this video attorney Jacob Sapochnick, brings you the latest updates regarding the rates of immigrant and non-immigrant visa approvals at U.S. Consulates and Embassies worldwide.

The latest Immigrant and Non-immigrant Visa Issuance Reports recently published by the State Department demonstrate that both immigrant and non-immigrant visa approvals are increasing significantly, nearly returning to pre-pandemic visa processing levels.

If you want to know more just keep on watching.

Did you know? Every fiscal year, the Department of State releases the Immigrant and Non-immigrant Visa Issuance Reports which include important statistics and data relating to current immigrant and non-immigrant visa backlogs at U.S. Consulates and Embassies worldwide. The data includes information regarding the number of immigrant and non-immigrant visas being issued at each Consular post worldwide, and a complete breakdown of visa issuance numbers by visa category.

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