Articles Posted in Employment Based Immigration

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We are delighted to announce the Department of State has published the Visa Bulletin for August 2022. In this video, attorney Jacob Sapochnick shares with you the trends and movement that has occurred in the most recent visa bulletin for both employment based, and family sponsored preference categories, as well as what you can expect in the coming months.

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 should be notified to assemble and submit the required documentation to the National Visa Center.

The primary purpose of this bulletin is to provide an updated waiting list for immigrants that are subject to the numerical visa quota system.

Want to know more? Just keep on watching.

Overview

USCIS Adjustment of Status Filing Charts for the August Visa Bulletin (for those residing in the USA)

Every month, the US Citizenship, and Immigration Services (USCIS) releases information regarding which filing chart applicants must use in order to apply for adjustment of status to permanent residence, while in the United States. This information can be found on the USCIS webpage. In general, if there are more immigrant visas available for a fiscal year than there are known applicants for such visas, USCIS will indicate that AOS applicants may use the Dates for Filing chart.

Otherwise, applicants will be asked to use the Final Action Dates chart.

If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

Which chart should I refer to for the month of August 2022?

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the  Dates for Filing chart in the Department of State Visa Bulletin for August 2022.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2022.

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Have you ever wondered how you can work in the United States as the founder of your very own startup? If so, you may be interested in learning more about the O-1A visa. In this video attorney Jacob Sapochnick discusses the criteria for individuals who possess extraordinary ability in business and are seeking to open a venture-backed startup in the United States.

Did you know? An approved O-1A visa applicant can remain in the United States for an initial period of 3 years working for the petitioning entity and bring their family members to live with them in the United States. The O-1A visa also opens a pathway for applicants to apply for permanent residency by filing for the EB-1A employment-based immigrant visa category.

Want to know more? Just keep on watching.

What is the O-1A visa?

First let’s discuss the O-1A nonimmigrant visa. The O-1A visa is designed for individuals who possess extraordinary abilities in the field of business, science, education, or athletics, and who can meet a specified set of criteria that must be demonstrated in the application package to ensure the applicant’s success.

Those who successfully attain the O-1A visa can live and work in the United States for an initial 3-year period, and pitch ideas to venture capitalists interested in supporting their company.

How can you demonstrate extraordinary ability in business?

To demonstrate extraordinary ability, applicants must be prepared to show evidence of a major internationally recognized award (such as a Nobel Peace Prize), or if the applicant does not have such an award, they must meet at least three of the following criteria which we discuss in turn below:

  1. AWARDS—Documentation of the beneficiary’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor

The first criterion is providing documentation showing that you have received nationally or internationally recognized prizes or awards for excellence.

How does this translate to the startup world? There are several ways that one can qualify for this criteria as a startup founder. For instance, if you have received a grant from the government recognizing your proposed endeavor as one that is exceptional, you may be able to use the grant as evidence to meet this criteria. Alternatively, if you were a participant in a prestigious or distinguished event or competition, and you were one of the winners or finalists in the competition, you may also use documentary evidence of your participation to meet this criteria.

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It’s that time of the month again, the July Visa Bulletin is here. In this video, attorney Jacob Sapochnick discusses the movement you can expect to see for employment based and family sponsored preference categories in the month of July. Also covered are the trends and projections as we move forward the next few months.

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 should be notified to assemble and submit the required documentation to the National Visa Center.

The primary purpose of this bulletin is to provide an updated waiting list for immigrants that are subject to the numerical visa quota system.

Want to know more? Just keep on watching.

Overview

USCIS Adjustment of Status Filing Charts for the July Visa Bulletin (for those residing in the USA)

Every month, the US Citizenship, and Immigration Services (USCIS) indicates the appropriate filing chart that must be used by applicants residing inside the United States, who wish to apply for adjustment of status to permanent residence. This information can be found on the USCIS webpage. In general, if there are more immigrant visas available for a fiscal year than there are known applicants for such visas, USCIS will indicate that AOS applicants may use the Dates for Filing chart.

Otherwise, applicants will be asked to use the Final Action Dates chart.

If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

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Do you have a case currently pending review at the National Visa Center? In this video, we discuss the growing backlogs at the National Visa Center and explain the reason it is taking so long for the NVC to process immigrant visa cases and prepare them for a visa interview at a U.S. Embassy or Consulate overseas.

Did you know? Every month the National Visa Center releases their Immigrant Visa Backlog Report, which provides important information including the number of immigrant visa applicants being scheduled for interview appointments, the number of applicants whose cases are documentarily complete and ready for interviews, and the number of eligible applicants still pending the scheduling of an interview.

Want to know more? Just keep on watching.

Overview

First, let’s discuss: What is the National Visa Center?

Once U.S. Citizenship and Immigration Services (USCIS) has approved your immigrant visa petition, USCIS will forward your petition to the National Visa Center (NVC) in Portsmouth, New Hampshire, where your application will undergo immigrant visa pre-processing once your priority date has become current according to the Visa Bulletin.

Essentially, the National Visa Center serves as an intermediary between USCIS, where the immigrant visa petition was first approved, and the U.S. Consulate, where the foreign national will eventually undergo their immigrant visa interview.

Once your case is received by the National Visa Center (if your priority date is current and a visa number is available) you will be instructed to submit the DS-260 Immigrant Visa Application, submit civil documents in support of your immigrant visa application, and pay the necessary visa fees. Once you have completed this process, your case will be considered “documentarily complete,” and your application will be placed in line for interview scheduling, at the U.S. Embassy or Consulate nearest your place of residence.

What are the current visa backlogs at the NVC?

As our readers will know, the COVID-19 pandemic has had a disastrous impact on the processing of cases at the NVC and Consular level. The majority of U.S. Embassies and Consulates continue to operate on a limited basis, due to local country conditions and restrictions, local and national lockdowns, travel restrictions, local regulations, and measures taken by Consular posts to reduce the spread of COVID-19. This has caused challenges to interview scheduling, given that the volume of interviews that can be scheduled has been drastically decreased, to prevent the spread of the virus, and ensure public health and safety for applicants and Consular officers.

While Embassies and Consular posts have tried to return processing to pre-pandemic levels, they simply have been confronted with an overwhelming demand of cases waiting to be scheduled for in-person visa interviews.

Due to the operational crisis at Embassies and Consulates worldwide, the National Visa Center has been unable to forward immigrant visa cases to posts overseas, because posts have not had the capacity to accommodate all those waiting for an interview.

The data shows that things have not gotten better. In fact, they have gotten worse.

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Want to know how to change your address with the U.S. Citizenship and Immigration Services? In this video, attorney Jacob Sapochnick walks you through the process with a step-by-step guide and answers some of your frequently asked questions.

Did you know? By law, most temporary U.S. visa holders and even lawful permanent residents are required to inform USCIS every time they change their residential address. The address change notification must be sent to USCIS within 10 days of moving.

Failing to notify USCIS of an address change can have serious consequences, including making a foreign national subject to deportation. In addition, it could lead to non-delivery of very important correspondence from USCIS such as delivery of a green card, requests for evidence, and/or denial notices associated with a pending application or petition.

Want to know more? Just keep on watching.

Overview

home-gbb57f5a14_1920While you are going through your immigration process with USCIS, there may come a time where you must move to a new residence. Whether it’s moving to a different city or state, you are required to notify USCIS of your move within 10 days by filing a change of address form on the USCIS webpage or by mail.

It is very important to file your change of address for two reasons. First, by failing to change your address you might miss out on receiving critical correspondence from USCIS such as Notices of Action on your case, requests for additional evidence needed from you (RFEs), interview appointment notices, biometrics appointment notices, notices of intent to deny, and such related documents. Many of these notices are subject to time limits, requiring applicants to respond or appear by specific dates. Failure to respond by the stated deadline on a notice, or failure appear for an appointment could not only result in the closure and denial of your case, but also potential removal from the United States.

Secondly, you must change your address with USCIS because it is the law. As stated, under the law, you are required to notify USCIS every time that you move. In fact, failure to notify USCIS of a change of address can be a misdemeanor offense, could lead to fines, jail time, and in some instances even deportation for those who have never ever reported an address change.

The reality is that often times people are not penalized for failing to report a change of address with USCIS, because the vast majority of people who go through the immigration process do in fact submit a change of address online.

What if I am a green card holder, do I need to notify USCIS of my change of address?

Absolutely. Even legal permanent residents (LPRs) must notify USCIS every time that they move within 10 days of the move. The rules are the same regardless of whether you are a conditional permanent resident (2-year green card holder) or legal permanent resident (10-year green card holder). It does not matter that you do not have a pending case with immigration. You must still notify USCIS every time that you move.

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What’s happening with the status of green card processing with USCIS? In this video, attorney Jacob Sapochnick, discusses an exciting new update for green card applicants recently handed down by the Presidential Advisory Commission.

Want to know more? Just keep on watching.

Overview

Things are looking up in the world of immigration. We have recently learned that a U.S. Presidential Advisory Commission has voted to reduce the processing time of green card applications to a period of 6 months. The Advisory Commission has recommended these recommendations be enacted by President Biden, to provide relief to applicants waiting in the enormous backlogs to attain permanent resident status.

What is this all about?

The President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders (PACAANHPI) has recommended that the U.S. Citizenship and Immigration Services (USCIS) establish a new internal cycle time goal by eliminating inefficiencies such as redundancies, facilitating automation of approvals, and improving internal systems. The Advisory Commission hopes that the new cycle time for processing forms will drastically reduce green card processing times to just 6 months for all forms related to all green card applications, family-based green card applications and DACA renewals. The Commission has also recommended for the National Visa Center (NVC) to hire additional officers to support additional capabilities to schedule immigrant visa (IV) interviews.

The objective is to increase processing capacity by 100% by August 2022 and reach 150% capacity by April of 2023.

Once the National Visa Center is able to catch up with pent up demand, U.S. Embassies and Consulates worldwide should also increase capacity by hiring more officers and become more efficient to meet the 6-month time cycle proposed by the Presidential Advisory Commission.

If this recommendation is adopted, it will speed up the processing of thousands of green card applications currently stuck in the backlogs and result in faster approvals.

The Advisory Commission reviewed I-485 green card applications pending in the United States and requested USCIS to try to process associated I-765 work permits and I-131 travel permits also within 90 days.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses what you can expect after filing Form I-130 Petition for Alien Relative, used by U.S. Citizens or Legal Permanent Residents (LPRs) to lawfully immigrate a qualifying relative to the United States, and how long it is taking for the U.S. Citizenship and Immigration Services (USCIS) to process these applications.

Want to know more? Just keep on watching.

Overview

The first step of the process to immigrate a foreign national involves the filing of Form I-130 Petition for Alien Relative. This application forms the basis of the foreign national’s eligibility to apply for a green card, based upon what is known as a qualifying family relationship. Not all family members may qualify.

If you are a U.S. citizen, you may file Form I-130 only for your eligible relatives. This includes your spouse, your children, your siblings, and your parents. If you are a permanent resident, you can petition for your spouse and any child under the age of 21.

What happens after filing Form I-130?

Once you have filed Form I-130 Petition for Alien Relative either by mail or online, you will receive a receipt notice in the mail known as Form I-797C Notice of Action. This notice will serve as proof that your application was received and properly filed with USCIS. The Notice will also include your Form I-130 receipt number where you can track the progress of your case online, and the date the case was received by USCIS also known as the priority date.

If you have filed Form I-130 by mail, you will receive the Notice of Action approximately 1-2 weeks after mailing the application. If you filed Form I-130 online, the Notice of Action will appear in your USCIS online account portal approximately 1 week after submission.

If you fail to include the correct filing fees with your application or your application is deficient in any other way, your case may be rejected and sent back to you. In such case, you would not receive a Notice of Action, and instead would receive a rejection notice along with your package being returned to you. Therefore, it is very important for applicants to review the Form I-130 instructions very carefully and provide all necessary fees and documentation with the filing. Failure to do so can result in the rejection of your case. If your case has been rejected, you are allowed to re-file your application with USCIS having corrected the mistake.

Thereafter, if any additional documentation is missing from your application, or if USCIS needs further information to process your Form I-130, they will issue a Request for Evidence (RFE) outlining the documentation and/or information they need from you to continue processing your case. Requests for Evidence (RFE) are sent by mail and include the deadline for responding to the Request for Evidence in the Notice. When an RFE is issued, the case is halted until you respond to the request. For this reason, it is important to respond in a timely manner and no later than the deadline indicated in the notice. Remember, the longer you delay in responding to an RFE, the more time it will take for your case to be adjudicated.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses the current status of the immigrant visa backlog at the National Visa Center and Department of State, as of April 2022. In this video you will learn more about what you can expect over the next few months if you have a pending immigrant visa case waiting to be scheduled for an interview at a Consulate overseas.

Want to know more? Just keep on watching.

Overview

Every month when the National Visa Center releases its Immigrant Visa Backlog report, we take notice and breakdown exactly what the backlog report means for immigrant visa applicants.

In its latest release for the month of April 2022, the National Visa Center has provided information that highlights the dramatic backlogs caused by the Coronavirus pandemic, causing delays in the processing of immigrant visa applications.

Since the emergence of the Coronavirus, U.S. Embassies and Consulates worldwide have struggled to accommodate the growing demand for visa interviews with a very limited number of personnel and resources. Posts have also faced severe limitations including the inability to process a large number of cases due to local country conditions and lockdowns. The reality is that things have not gotten back to normal in many countries, and unfortunately this is causing applicants more headaches.

In an effort to be as transparent as possible, the National Visa Center has provided the total number of immigrant visa applicants still waiting for interview appointments.

These numbers are extremely concerning. Of 453,797 immigrant visa cases that were documentarily complete and ready to be scheduled for interviews as of March 31st, only 32,439 were actually scheduled for interviews in the month of April, leaving a backlog of 421,358 immigrant visa applicants still waiting for an interview.

Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of March 31 453,797
Number of documentarily complete IV applicants scheduled for April 2022 interview appointments 32,439
Number of eligible IV applicants still pending the scheduling of an interview after April 2022 appointment scheduling was completed 421,358

Sadly, this means that the State Department has not increased the volume of monthly interviews that can be scheduled at posts overseas, leaving the issue of the immigrant visa backlog unresolved.

Unfortunately, the future ahead does not look very promising. When looking at the March and April backlog reports, we see that the immigrant visa backlog decreased by only 3.5%.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick talks about an exciting new announcement released by the United States Citizenship and Immigration Services (USCIS) regarding new initiatives the agency is taking to reduce the application backlogs, expand premium processing to broader categories of applications, and provide much needed relief to those waiting for their work permits to be processed.

Overview

As of March 29, 2022, USCIS is unveiling a trio of actions that will help improve the processing of applications and petitions currently awaiting adjudication by the agency. As you may know at the height of the COVID-19 pandemic, USCIS along with other government agencies suspended in-person services at its field offices and Application Support Centers (ASCs) nationwide to help slow the spread of the virus. The agency also took precautions to slow its spread by limiting the number of people that could enter federal buildings for immigration interviews. The consequence of these closures has been a backlog of cases across the board that the agency has been working to reduce.

To help ease the number of pending cases at USCIS, the agency has introduced 3 new actions.

What are these new actions all about?

(1) Cycle Time Goals

First, the agency has said that it will be implementing agency-wide goals to reduce the substantial backlogs.

USCIS has established a new system known as “internal cycle time goals,” to process applications that remain pending with USCIS. According to USCIS, these “internal cycle time goals,” are internal metrics that the agency will now be using to help guide the reduction of the current backlog. These cycle times will determine how long it will take USCIS to process immigration benefits going forward.

To accomplish the stated “cycle time goals,” the agency has said that it plans to increase its capacity, adopt technological improvements (such as e-filing systems), train, and hire more staff to ensure that applications are processed within the stated “cycle time goals.” USCIS estimates that these new actions will help the agency reach its stated cycle time goals by the end of fiscal year 2023.

For easy reference, the new USCIS cycle time goals are listed down below.

The new cycle time goals provided by USCIS are as follows:

  • Processing of I-129 premium processing cases – 2 weeks
  • Processing of I-140 premium processing cases –2 weeks
  • Processing of I-129 non-premium processing cases –2 months
  • Processing of I-765, I-131 advance parole, I-539, I-824 applications – 3 months

Other types of applications – 6 months including

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick goes over the upcoming April 2022 Visa Bulletin and what you can expect in terms of movement or retrogression in the employment based and family sponsored preference categories.

The visa bulletin is issued every month by the Department of State. It shows which green card applications can move forward, based on when the immigrant petition that starts the green card process was originally filed. The visa bulletin allows you to estimate how long it will take before you will be able to get your green card, based on how quickly the “line” is moving now. You can check the visa bulletin on a monthly basis to determine your place in line.

Want to know more? Keep on watching for all the details.

Overview

What’s happening in the employment-based categories?

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE

According to the Department of State’s April 2022 Visa Bulletin, the following final cutoff dates will 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: India will advance by more than 2 months to July 8, 2013, and China will remain at March 1, 2019. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India and China will remain unchanged from the previous month, at January 15, 2012, and March 22, 2018, respectively. All other countries will remain current.
  • EB-4: All countries are current, except El Salvador, Guatemala, and Honduras at May 01, 2017, and Mexico at April 01, 2020.
  • EB-5: The Non-Regional Center program will be current for all countries, including China. The Regional Center program has been reauthorized by recent legislation but is still listed as Unavailable in the April Visa Bulletin Final Action Date chart, given that certain provisions of the reauthorizing legislation have not yet taken effect.
Employment-
based		 All Chargeability
Areas Except
Those Listed		 CHINA-
mainland
born		 EL SALVADOR
GUATEMALA
HONDURAS		 INDIA MEXICO PHILIPPINES
1st C C C C C C
2nd C 01MAR19 C 08JUL13 C C
3rd C 22MAR18 C 15JAN12 C C
Other Workers C 01JUN12 C 15JAN12 C C
4th C C 01MAY17 C 01APR20 C
Certain Religious Workers U U U U U U
5th Non-Regional Center
(C5 and T5)		 C C C C C C
5th Regional Center
(I5 and R5)		 U U U U U U

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CATEGORIES

Employment-
based		 All Chargeability
Areas Except
Those Listed		 CHINA-
mainland
born		 EL SALVADOR
GUATEMALA
HONDURAS		 INDIA MEXICO  PHILIPPINES 
1st C C C C C C
2nd C 01APR19 C 01SEP14 C C
3rd C 01APR18 C 22JAN12 C C
Other Workers C 01AUG15 C 22JAN12 C C
4th C C 15JUN17 C C C
Certain Religious Workers C C 15JUN17 C C C
5th Non-Regional Center
(C5 and T5)		 C C C C C C
5th Regional Center
(I5 and R5)		 C 15DEC15 C C C C

Which filing chart do I use if I want to apply for adjustment of status based on employment within the USA?

All employment-based preference categories, except EB-5 petitions based on the Regional Center Program, may apply for adjustment of status using the Dates for Filing Chart in the Department of State Visa Bulletin for April 2022.

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