Articles Posted in Embassies

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In this video, attorney Jacob Sapochnick discusses a very important topic in immigration law: How can E2 treaty investors avoid application denials?

Many E2 investors looking to start their businesses in the United States frequently ask, what is the minimum amount of investment that is satisfactory to the immigration authorities for the E2 treaty investor program, and how can I maximize my chances of success?

If this topic interests you, please keep on watching our video.

Overview

Minimum Investment Amounts

One of the most common reasons for an E2 visa denial is where the applicant fails to demonstrate that they have made a “substantial” investment in their business venture.

A substantial investment is defined as one that is:

  • Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
  • Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
  • Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

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In this video, attorney Jacob Sapochnick discusses a new press release shared by the Department of State which provides insights on the status of visa operations worldwide during fiscal year 2023. The report highlights that from October 2022 through September 2023, DOS issued more than 10 million visas worldwide, with half of U.S. Embassies and Consulates around the world issuing more visas than ever before.

In this post, we provide a summary of the agency’s impressive achievements and visa statistics over the past fiscal year.

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

Overview

According to the press release, the Department of State hit a near historic record, issuing more than 10.4 million nonimmigrant visas worldwide in fiscal year 2023.

Nearly 8 million visitor visas were issued for business and tourism – more than in any fiscal year since 2016.

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In this blog post, attorney Jacob Sapochnick shares everything you need to know about the January 2024 Visa Bulletin including major advancements in the employment based and family-sponsored preference categories. This is the most significant movement we have seen in months! 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 January 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 January 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

  • EB-1 India: The EB-1 India Final Action Date will advance by three years and eight months, to September 1, 2020, and the Date for Filing will advance by a year and a half, to January 1, 2021.
  • EB-1 China: The EB-1 China Final Action Date will advance by four and a half months, to July 1, 2022, and the Date for Filing will advance five months, to January 1, 2023.
  • EB-2: The EB-2 Final Action Date for India will advance by two months, to March 1, 2012, and the EB-2 China Final Action Date will advance by approximately nine weeks, to January 1, 2020. Final Action Dates for the remaining countries in EB-2 will advance by three and a half months, to November 1, 2022.

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One of the most common questions that we receive from applicants who are applying for a green card is what happens when your priority date becomes current?

In this video we will discuss what it means for a priority date to become current, and the general steps that you need to take once this happens.

What is a priority date?

First let’s clarify what a “priority date” is. A priority date is a legal term used in immigration law which generally refers to the date when your immigrant petition was filed with the U.S. Citizenship and Immigration Services (USCIS).

A “priority date” is important because it determines your place in line in the visa queue for those preference categories that are subject to annual numerical visa limitations. As we have mentioned in previous videos, the Visa Bulletin is published every month and allows applicants to estimate how long they need to wait in “line” before they are eligible to apply for their green card based on their preference category and country of nationality.

Family Sponsored Preference Categories

If you are applying for a green card under family sponsorship and you are not applying as the spouse, unmarried child (under 21 years of age), or parent of a U.S. Citizen, then you must wait in “line” in the visa queue until a visa becomes available to you before you can apply for a green card, according to your priority date on the Visa Bulletin.

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In this video, attorney Jacob Sapochnick discusses the grim outlook of the December Visa Bulletin. While we had hoped to see more forward movement for the month of December, very little changes can be seen when compared to the previous month.

However, we hope that this video will be useful in providing some of our predictions for the Visa Bulletin in the coming months.

Adjustment of Status Filing Chart December 2023

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 December to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).

What Changes Can Be Seen Next Month?

Sadly, the Dates for Filing Charts for both the employment-based and family-sponsored categories remain identical to those from the month of November. The Final Action Dates for family sponsored categories also remain identical to the previous month.

The only forward-movement that can be seen is in the Final Action Dates chart for EB-2 China which will advance by three weeks to October 22, 2019, and EB-3 China which will advance by three weeks to January 22, 2020. All other countries will remain the same.

In other news, the EB-4 Non-Minister Religious Worker program will become unavailable for all countries in December until it is reauthorized by legislation.

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If you are applying for an immigrant visa through Consular processing, you will encounter the National Visa Center (NVC). The NVC is an agency located in Portsmouth, New Hampshire, that is responsible for pre-processing your application after your immigrant petition has been approved by USCIS. The agency functions as an intermediary to collect further documentation from you before your interview can be scheduled at a U.S. Embassy or Consulate overseas.

In this video, Jacob Sapochnick discusses what can happen when the National Visa Center closes your case when no action has been taken.

Overview

What should you do if the NVC closes your case?

It is important to understand that once your petition has been approved by USCIS, your case will be forwarded to the National Visa Center (NVC). When your priority date is current on the Visa Bulletin, and a visa number is available, the NVC will contact you to collect certain documentation to continue processing your case. This includes the submission of various civil documents such as photocopies of your birth certificate, marriage certificate, military records, police clearance certificates, payment of your visa fee, etc.

If you ignore or do not reply to requests from NVC to submit your documentation within one year of receipt, the NVC can terminate your case under section 203(g) of the Immigration and Nationality Act, which can lead to your case being destroyed and potentially losing your priority date.

Your priority date is essentially your place in line for a green card. Losing your priority date would have devastating consequences, especially for preference categories with extremely long wait times because you would lose your place in line and have to start the immigration process all over again.

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Have you ever wondered how you can apply for a green card renewal while outside of the United States? In this video, attorney Jacob Sapochnick tells you everything you need to know about this process.

We also discuss how you can travel internationally if your green card has already expired.

If you want to know more about this topic, please keep on watching!

Overview

This topic will be of interest to permanent residents who are overseas and now have an expired green card, as well as those who want to travel abroad but have an expired green card.

When you are issued a green card (Permanent Residence), it essentially means that you have the right to live permanently in the United States for a renewable period of 10 years.

Some of the benefits of being a lawful permanent resident are that you can accept employment without restriction, own property, receive financial assistance at public colleges and universities, and join the Armed Forces. Before the expiration of your permanent resident card, you must apply to renew it by filing Form I-90 with the U.S. Citizenship and Immigration Services (USCIS).

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Are you applying for an immigrant visa (green card) or fiancé(e) visa at a U.S. Embassy or Consulate abroad? Then you won’t want to miss the important tips we share in this video.

One of the most important pieces of evidence you will need to take to your visa interview is a police clearance certificate from your country of nationality to prove that you do not have a criminal record.

While the process of obtaining a police clearance certificate may seem simple enough, it is very important to know how to properly request one to avoid delays following your interview.

To know more about this topic, please keep on watching!

Overview

What is a Police Clearance Certificate?

A police clearance certificate is an official government document typically issued by a state police agency that documents any arrests for an individual, while that person was living in a particular area.

Those who are applying for an immigrant visa (green card) while living abroad, as well as K-1 fiancé(e) visa applicants, are required to submit a police certificate, issued by a police authority, from all countries where they have lived in the past, even if they have no criminal record in any of those countries.

Applicants with a criminal history must discuss their criminal record with an immigration attorney to determine if they are admissible to the United States.

Note: if you are applying for adjustment of status (green card) inside of the United States, you do not need to provide a police clearance certificate. Instead, you must provide any arrest records.

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Did you know? The Department of State is accepting online registrations for the Diversity Visa Program (Green Card Lottery) for fiscal year 2025 now through Tuesday, November 7th at noon EST. 

You won’t want to miss the opportunity to win one of 55,000 green cards available to certain nationals of countries with historically low rates of immigration to the United States.

To find out if you qualify for this program, just keep on watching this video!

Overview

What is the Diversity Immigrant Visa Program?

Every year, the Department of State runs the Diversity Immigrant Visa Program also known as the “Green Card Lottery.” It is a U.S. government program for obtaining permanent residency in the United States (a green card). The program is open to nationals from designated countries that have low rates of immigration to the United States and who meet specific educational requirements. It provides an inexpensive and relatively simple path to obtain a green card for individuals who may not otherwise qualify for permanent residence through any other alternative under U.S. immigration law.

Nationals of qualifying countries may register for the program for free at dvprogram.state.gov. You can apply for the green card lottery whether you live overseas or are currently inside the United States. Once the registration period has closed, the Department of State will conduct a random lottery to select those who will be eligible to apply for their green cards beginning October 1, 2024.

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In this post, we share exciting news for Israeli nationals. The U.S. government recently designated Israel as the 41st country to join the Visa Waiver Program (also known as ESTA) effective November 30, 2023.

In this video attorney Jacob Sapochnick discusses what this means and how it can benefit you.

If you want to know more about this exciting news, please keep on watching!

Highlights

To travel under the Visa Waiver Program (ESTA) you must:

  • Be a citizen or eligible national of a Visa Waiver Program country.
  • Not be in possession of a visitor’s visa.
  • Your travel to the USA must be for 90 days or less.
  • You must plan to travel to the United States for business or pleasure.
  • Not be inadmissible to the USA nor previously denied a U.S. visa

Overview

Did you know that the United States operates a Visa Waiver program? This special program allows nationals from participating countries to travel to the United States for tourism or business purposes without a U.S. visa, for a period of up to 90 days. Temporary stays under the Visa Waiver Program cannot be extended for periods longer than 90 days.

Recently, Israel was given the privilege of participating in this program. That means that starting November 30th Israeli nationals will be able to apply for travel permission to the United States online using the Electronic System for Travel Authorizations (ESTA). Once approved, this travel permission is valid for a period of two years once it has been issued. You cannot travel to the United States until your ESTA has been approved and issued to you.

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