Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the March 2025 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 February.
USCIS Adjustment of Status
For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of March.
For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of March.
Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the February 2025 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 February.
USCIS Adjustment of Status
For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will use theFinal Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of February.
For family-sponsored preference categories, USCIS will use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of February.
Now that 2025 is in full swing, in this video, we will discuss our predictions for visa availability for employment-based and family-sponsored preference categories, based on historical patterns and statistical information from the past year.
If you are waiting for your priority date to become current on the Visa Bulletin and want to know when your immigrant visa might be issued, you won’t want to miss this video.
Overview
Each year, the availability of immigrant numbers for employment-based preference immigrants is calculated based on Section 201 of the Immigration and Nationality Act (INA).
For FY 2024, the annual numerical limit for family sponsored immigrant visas was 226,000. Of these visas, only about 170,000 visas were actually allocated and issued to family sponsored immigrants. Approximately 58,000 visas were left unused in fiscal year 2024 due to country specific backlogs and scheduling delays.
That leaves a substantial number of unused family visa numbers that can potentially be transferred to employment-based visas in fiscal year 2025.
It is important to note that for fiscal year 2024, the Department of State determined that the employment-based annual limit would be 160,791, due to unused family-sponsored visa numbers from fiscal year 2023 being added to the employment-based limit for fiscal year 2024.
The Department of Homeland Security (DHS) recently published a final rule in the Federal Register aimed at modernizing the H-1B and H-2 work visa programs.
In this video, attorney Jacob Sapochnick shares the ways in which the final rule will impact H-1B workers, H2 workers, and their employers. In general, these changes will make it easier for H-1B workers to obtain visa renewals in the new year and will prevent workplace interruptions for F-1 international students seeking to change their status to H-1B.
The final rule impacting H-2 temporary workers will allow U.S. companies to hire seasonal workers more quickly and more efficiently than ever before.
H-1B Final Rule Highlights
Modernizes the definition and criteria for H-1B specialty occupations
Introduces cap-gap protections for F-1 students seeking a change of status to H-1B
Streamlines the processing of applications for individuals who were previously approved for an H-1B visa
Allows H-1B beneficiaries with a controlling interest in the petitioning organization to be eligible for H-1B status subject to certain conditions
Clarifies that employers must have a legal presence in the United States
Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the January 2025 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 January.
USCIS Adjustment of Status
For employment-based and family-sponsored preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of December.
What will Trump’s immigration policies look like during his second term? In this video, attorney Jacob Sapochnick breaks down what families need to know before he takes office.
You will learn all about the upcoming changes that may impact family-based immigration, and how his policies may slow down the processing of immigrant visas at U.S. Embassies and Consulates abroad.
This information is based on the Trump administration’s campaign promises, and actions taken during his first term in office. While we do not know for certain what is to come, applicants should expect a departure from the Biden administration’s immigration policies.
Overview
Looking back on President Trump’s first term in office, his administration issued far-reaching executive actions on immigration. From Muslim travel bans to an overhaul of the public charge rule, the immigration process became much more restrictive.
Many of these executive actions and policy changes may be reinstated during his first 100 days in office, causing more headaches for family-based immigrants.
Here are some of the changes that may be expected from the Trump administration.
Return of the Public Charge Rule for Green Card and Immigrant Visa Applicants
To obtain a green card or immigrant visa, applicants must demonstrate that they are not likely to become a “public charge” on the U.S. government. A person who is likely to depend on government assistance for their basic needs is deemed a “public charge.”
In 2019, the Trump administration expanded the criteria used by USCIS and Consular officials to determine whether an immigrant is likely to become a public charge. Under Trump’s public charge rule, the use of public benefits (such as food stamps, Medicaid, and Section 8 housing assistance) were factors that were considered in public charge determinations, making it more difficult for immigrants receiving these benefits to obtain a green card.
The Trump administration also required USCIS and Consular officers to weigh several factors when making a public charge determination, including the applicant’s age, health, family status, assets, resources, financial status, education, and skills.
Proof of Personal Financial Resources
To make matters worse, Trump’s public charge rule also required green card applicants to show proof of personal financial resources.
President Trump will soon return to the White House, bringing with him many changes in the world of immigration.
In this video, attorney Jacob Sapochnick shares the ways in which the Trump administration will impact the processing at visas U.S. Consulates and Embassies worldwide, including immigrant and non-immigrant visas.
This video also covers the latest updates regarding the operational capacity of U.S. Consular posts and Embassies as of November 2024.
If you are currently waiting in line for a visa interview at a U.S. Consulate or Embassy abroad, you won’t want to miss this video.
Overview
President Trump will settle into the White House on January 20, 2024, bringing with him new appointments to cabinet level positions. His pick for Secretary of State is likely to be the Republican Marco Rubio, a known conservative who supports legal immigration and a crackdown on illegal immigration.
Nonimmigrant visa applicants may face new restrictions when applying at U.S. Consulates and Embassies. During the previous Trump administration, work visa applicants were under much heavier scrutiny than ever before. H-1B, O-1, L-1, and J visa applicants found it much more difficult to obtain approvals both at the USCIS and Consular level.
These challenges existed even for applicants seeking extensions of their work visa.
To avoid being subject to greater scrutiny, applicants should file their cases as soon as possible. If premium processing service is available for your petition, take advantage of it.
Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the December 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 December.
USCIS Adjustment of Status
For employment-based and family-sponsored preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of December.
The American people have spoken. Donald Trump will return to the White House on January 20, 2025, becoming the next President of the United States.
This past month, the Trump administration has been busy laying the groundwork to implement stricter border policy measures, strike-down Biden-era immigration policies, and put in motion the large-scale deportation of undocumented immigrants.
But how could a Trump presidency impact legal immigration?
In this video, attorney Jacob Sapochnick explains what we can expect to see from the incoming Trump administration, with a specific focus on the changes that could impact business immigration law. You will learn about the five major changes that employers and foreign workers should consider in the months ahead.
If you’re an employer looking to hire foreign talent, or are actively employing foreign workers, then you won’t want to miss this video. If you’re a foreign worker going through the visa process, or thinking of applying for a visa, we will share with you the insider information you need to know to ensure your process is successful.
Want to know more? Just keep on watching
Overview
The Trump administration’s immigration policies are expected to impact workers in all industries. Individuals close to the President elect have revealed that they are preparing executive actions on immigration to be rolled out soon after Trump takes office in January.
Here are the top five ways that Trump’s immigration policies will impact business immigration.
#1 The Use of Executive Orders
During his first term in office, Donald Trump relied heavily on executive orders to bring about far-reaching changes in immigration policy, including his notorious “Muslim travel ban.”
As you may recall, in 2017 President Trump signed an executive order banning people from six Muslim-majority countries, from entering the United States for a period of 90 days. These countries were Iran, Iraq, Libya, Somalia, Syria, and Yemen.
The executive order prevented nationals from entering, even if they held visas to travel to the United States, causing wide-spread family separation for those seeking to be reunited with their spouses, parents, and children in the United States.
Upon taking office, we expect President Trump to issue a series of executive orders that will restrict the admission of certain foreign nationals to the United States and codify his hardline immigration policies.
If you are applying for an immigrant visa for a family member, you will encounter the National Visa Center during your immigration process. The National Visa Center is a branch of the Department of State responsible for managing the processing of immigrant visa applications.
Once USCIS has approved your immigrant petition, your case is transferred to the National Visa Center to collect additional documentation from you, before your case can be scheduled for a visa interview at a U.S. Embassy or Consulate.
In this video, attorney Jacob Sapochnick explains why there have been delays in immigrant visa processing due to challenges faced by the National Visa Center.
Overview
What are some of the problems causing delays in visa processing?
Consular Electronic Application Center (CEAC) Technical Errors
The Department of State uses an online application for immigrant visa applicants to submit required fees, forms, and documents to the National Visa Center (NVC) for review.
This tool is called the Consular Electronic Application Center, or CEAC which requires you to enter your case number and invoice ID number to login in to the platform.
After logging in the platform will instruct you regarding the steps you need to take to complete pre-processing of your case. This includes 1) paying your fees, 2) completing the DS-260 Immigrant Visa Electronic Application, and 3) uploading the required documentation.
Unfortunately, users commonly experience errors while using the Consular Electronic Application Center (CEAC) platform. This includes problems with uploading documents.
When trying to upload documents to CEAC, users who see an “Invalid Image Detected” error must save the completed document as a PDF and re-upload it.
Immigrant Visa Processing Delays
Due to these technical errors, the National Visa Center has been experiencing immigrant visa processing delays. These issues have pushed back immigrant visa processing because the National Visa Center has been unable to promptly receive, and review required documentation.
Other common situations causing delays include submitting incomplete documentation or documentation that is missing required information.
Immigration Lawyer Blog
