Articles Posted in F4

 

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 delivers some good news to immigrant visa applicants—as of March 2023 the National Visa Center has reported a decrease in the backlogs of about 6,000 cases.

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


What is the National Visa Center?


The National Visa Center (NVC) is an agency that forms part of the U.S. Department of State, located in Portsmouth, New Hampshire. The main responsibility of the Nationality Visa Center (NVC) is to act as an intermediary between the U.S. Citizenship and Immigration Services (USCIS) and U.S. Embassies and Consulates abroad. The NVC receives approved cases from USCIS and collects further documentation from applicants and petitioners to prepare cases for immigrant visa processing at U.S. Embassies and Consulates overseas. Part of this process includes making sure cases are documentarily complete to request immigrant visa interview scheduling from U.S. Embassies and Consulates abroad.

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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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Many of our followers have been asking a very important question, what does a visa “refusal” mean and what is 221(g) Administrative Processing?

The situation unfolds something like this. You’ve applied for a non-immigrant visa and have attended your Consular visa interview. After attending your interview, you check the status of your visa on the State Department’s Consular Electronic Application Center (CEAC) webpage, and you see the dreaded words “Refused.”

What does this all mean and what can you expect if you find yourself in this predicament? In this video, attorney Jacob Sapochnick walks you through the meaning of a “refusal” and how you can still be successful in obtaining a visa despite this obstacle.


Overview


Applicants for nonimmigrant visas can check the status of their visa cases by visiting the State Department’s Consular Electronics Application Center CEAC launch page .

To check your status, you must enter your DS-160 confirmation number and the Consular location (Country and City) where you were interviewed.

The DS-160 confirmation number can be found on the DS-160 confirmation page and starts with AA followed by 8 digits.

Once you have successfully entered the online CEAC visa check system, you will receive one of the following results:

(1) Application receipt pending


If you have submitted your online non-immigrant visa application (DS-160), it has not yet been processed into the visa system. At some locations, your application will remain in this status until you appear for an interview or until your application is ready for review. Please see the Embassy or Consulate website for information on the next steps required for visa processing.

Meaning: 

The application data has not been entered into the Embassy system.

For interview cases, the application will remain in this status until the applicant appears for an interview.

For mail-in cases, this means the Embassy has not received the application.

(2) Application Received


Your case is open and ready for your interview, fingerprints, and required documents. If you have already had your interview, please check your status after two business days. If no interview was required, please check back in two business days for the updated status of your application.

For mail-in cases: The visa application has been received by the Embassy and is undergoing review.

This also includes cases that are pending for additional documents

(3) Administrative Processing


Your visa case is currently undergoing administrative processing. This processing can take several weeks. Please follow any instructions provided by the consular officer at the time of your interview. If further information is needed, you will be contacted. If your visa application is approved, it will be processed and mailed back within two business days.

This status includes:

  • The visa issuance process (visa has been approved but not yet printed)
  • Pending for additional documents/information

(4) Issued


Your visa is in final processing. If you have not received after 10 working days, please see the webpage for contact information of the Embassy or Consulate where you submitted your application.

Meaning:

The visa has been issued

(5) Refused


A U.S. consular officer has adjudicated and refused your visa application. Please follow any instructions provided by the consular officer. If you were informed by the consular officer that your case was refused for administrative processing, your case will remain refused while undergoing such processing. You will receive another adjudication once such processing is complete. Please be advised that the processing time varies and that you will be contacted if additional information is needed.

This includes cases that are:

  • Pending for additional documents/information
  • * Administrative Processing (See below for details)
  • Cases with a waiver request pending.
  • Denied under Section 214(b) of the INA.
    • For E-visa new company registration cases: The visa application has been received by the Embassy and is ready for review. Please wait for further instructions from the Embassy or Consulate. Processing time for new company registration typically takes at least 3 weeks.

For the purposes of this video, we will focus on what the visa status “refused” really means.

Applicants can receive a visa “refusal” for a number of different reasons.

In many cases, applicants are left confused upon seeing a visa “refusal,” especially where the Consular officer has told the applicant that their visa has been approved following their visa interview. In other situations, applicants have received a “refusal” after following the Consulate’s instructions to submit documents via dropbox (for instance for applicants seeking H-1B visa stamping). Applicants who have been told their cases have been placed in 221(g) administrative processing also receive a visa “refusal.”

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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, 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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As we near the end of the month, attorney Jacob Sapochnick discusses the release of the February 2023 Visa Bulletin and the trends and projected movement you can expect to see in the family-sponsored and employment-based preference categories for the month of February.

If you are interested to know about the cutoff dates and visa availability for the upcoming Visa Bulletin, please keep on watching.

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 can assemble and submit the required documentation to the National Visa Center (for those residing overseas), or USCIS (for those residing in the United States).

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


Overview


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


To be eligible to file a family or employment-based adjustment of status application in the month of February (for those residing inside the United States), foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

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 February 2023 to determine when you can apply for adjustment of status.

For Employment-Based Preference Filings:


All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for February 2023 to determine when you can apply for adjustment of status.

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Do you have a case waiting to be processed by the National Visa Center? In this video, attorney Jacob Sapochnick discusses the latest updates on visa processing and interview scheduling in the new year.

This includes information regarding current visa backlogs and what you can expect from the National Visa Center.

If you would like to learn more about this important topic, just keep on watching.

Did you know? For immigrant visa petitions, the National Visa Center (NVC) functions as an intermediary between USCIS and the Embassy or Consulate that will eventually schedule your immigrant visa interview.

After the U.S. Citizenship and Immigration Services (USCIS) has approved your I-130 or I-140 immigrant visa petition, USCIS will forward your petition to the National Visa Center (NVC) in Portsmouth, New Hampshire. The NVC will complete immigrant visa pre-processing once your priority date becomes current pursuant to the Visa Bulletin.

Immediate relative categories do not have yearly numerical limits and pre-processing can begin once your case has reached the NVC. However, other family preference and employment-based immigrant categories have annual numerical limits, preventing pre-processing from taking place until the priority date is current.

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In this video, we bring you the latest update from the State Department regarding the status of worldwide consular visa operations as of October 2022, including statistics and what you can expect in the coming months as it relates to visa processing.

If you are waiting for your immigrant visa to be processed at a U.S. Embassy or Consulate overseas, then this video is right for you.

Did You know? The State Department recently announced that it has reached pre-pandemic visa processing.

If you would like to know more about this important topic, just keep on watching.


Overview


The State Department recently provided a report on the status of consular visa operations and what the agency has been doing to cut down the waiting periods for immigrant and nonimmigrant visa applicants at Consulates worldwide. We provide the highlights of the report down below.

One of the major ways in which the State Department is improving visa processing times is by hiring more U.S. foreign service workers at Consulates overseas.

As you may be aware, visa backlogs at Consulates overseas piled up during the COVID-19 pandemic after the Department of State announced a worldwide suspension of routine visa services. Due to the restrictions on travel to the United States, as well as several other factors including social distancing protocols, Consulates were unable to schedule applicants for in-person visa interviews. The result was that virtually no visas were issued in the family preference categories during the temporary suspension of visa services, which caused the backlogs to increase significantly.


What is happening with visa operations now?


The State Department is almost back to pre-pandemic processing.

New initiatives like interview waivers are providing relief to Consulates and Embassies, while making available much needed interview slots for other applicants who need appointments.

The State Department estimates that approximately 30 percent of worldwide nonimmigrant visa applicants may be eligible for an interview waiver. This is a very positive development that could very well increase in the months ahead.

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