Articles Posted in News

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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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Did you know? Online registration for the Diversity Immigrant Visa Program (green card lottery) is now open for fiscal year 2024 (DV-2024) and will remain open until Tuesday, November 8, 2022, at 12 noon Eastern Standard Time. In this video attorney Jacob Sapochnick discusses what the diversity visa program is, who is eligible to register for DV-2024, and how you can apply.

Interested in learning whether you qualify? Just keep on watching.

Overview

What is the Diversity Visa Program?

The Diversity Immigrant Visa Program (DV Program) administered by the Department of State is an annual green card lottery for individuals who are from countries with low rates of immigration to the United States. If your country qualifies for the program, the government provides 50,000 immigrant visas that are up for grabs each year.

Those who register during the online registration period and are selected can immigrate to the United States through consular processing or by applying for adjustment of status with the U.S. Citizenship and Immigration Services (USCIS) if they are residing in the United States. Adjustment of status filings must be completed by September 30 of the fiscal year the lottery pertains to. Visas cannot be carried over to the next fiscal year.

What are the requirements?

You are eligible to participate if you meet the following 3 requirements.

Requirement #1: You must be a native of a country with historically low rates of immigration to the United States to enter.

Click here for the complete list of countries eligible (p. 16 to 20).

If you are not a native of a country with historically low rates of immigration to the United States, there are two other ways you might be able to qualify.

  • Is your spouse a native of a country with historically low rates of immigration to the United States? If yes, you can claim your spouse’s country of birth – provided that you and your spouse are named on the selected entry, are found eligible and issued diversity visas, and enter the United States at the same time.
  • Are you a native of a country that does not have historically low rates of immigration to the United States, but in which neither of your parents was born or legally resident at the time of your birth? If yes, you may claim the country of birth of one of your parents if it is a country whose natives are eligible for the DV-2024 program.

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Do you have a U.S. employer willing to sponsor your employment in the United States? If so, you may be interested to learn more about the EB-3 employment-based category for skilled workers, professionals, or other unskilled workers. The EB-3 is the most common employment sponsorship category to start work in the United States. In this video, we will cover the EB-3 requirements, application process, and other important information you may want to know.

Did you know? The EB-3 comprises 3 sub-categories of foreign nationals: (1) skilled workers, whose jobs require a minimum of 2 years training or experience, and must meet the educational, training, or experience requirements of the job opportunity (2) professional workers whose job requires at least a U.S. baccalaureate or foreign equivalent degree and (3) other workers, performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

Want to learn more? Just keep on watching.

Overview

What is EB-3?

The EB-3 is an employment-based category for United States permanent residency. It is intended for “skilled workers,” “professionals,” and “other [unskilled] workers.”

Unlike persons with extraordinary abilities as in the EB-1 category, EB-3 applicants require a sponsoring U.S. employer to complete a labor certification process. There is no “self-petition” category under EB-3. You must have a permanent, full-time job offer from a U.S. employer and your employer must file a labor certification application on your behalf.

The EB-3 requirements are less stringent when compared to the EB-1 and EB-2 categories, typically reserved for individuals that can demonstrate extraordinary achievements (EB-1) or exceptional ability in a field that is in the national interest (EB-2).

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Are you interested in learning all about the EB-1A visa for aliens of extraordinary ability in the sciences, arts, education, business, or athletics? Then this video is right for you. Here we break down the EB-1A eligibility criteria and what types of individuals qualify for this visa type.

Did you know? Individuals can self-petition for the EB-1A visa category. No employment sponsorship or labor certification is needed. If your EB-1A visa petition is approved by the U.S. Citizenship and Immigration Services (USCIS), you are eligible to apply for a green card by filing Form I-485, Application to Register Permanent Residence (if legally residing in the United States) or through Consular processing (if you are residing abroad). You may include your dependent family members on your I-485 application.

Want to know more? Just keep on watching.

Overview

The EB-1A is an employment-based visa type for individuals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international recognition in their field. To qualify, individuals must meet at least 3 of the following 10 criteria or provide evidence of a one-time achievement such as a Pulitzer Prize, Oscar, or Olympic Medal. EB-1A applicants must also be prepared to provide evidence that they will continue to work in their area of expertise in the United States once approved.

The main benefit of the EB-1A is that you can self-petition. You do not need sponsorship from a U.S. employer or labor certification to apply. As you might recall, earlier this year, USCIS issued a news alert encouraging employment-based applicants to consider transferring the underlying basis of their adjustment of status application to EB-1A or EB-2 if eligible, because of the exceptionally high number of employment-based immigrant visas available in those categories.

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It’s the start of a brand-new week where we bring you more immigration news. In this video attorney Jacob Sapochnick discusses big changes to the October 2022 Visa Bulletin, including important updates for EB-5 Immigrant Investors, a breakdown of what these changes mean, and what you can expect in the future.

If you are an EB-5 Immigrant Investor or thinking of participating in the EB-5 Immigrant Investor Program, then this is the right video for you.

Did you know? The Visa Bulletin is a handy tool published by the Department of State every month, for employment-based and family preference categories that are subject to numerical limitations. The Visa Bulletin describes the availability of immigrant visas for each preference category according to the applicant’s “priority date,” and country of nationality. Once your priority date has become current, and a visa number is available, you may proceed with the immigrant visa process (or adjustment of status if residing in the United States).

Overview

In this video we analyze specific developments that can be seen in the October 2022 Visa Bulletin as it relates to EB-5 Immigrant Investors.

The October 2022 Visa Bulletin revealed two important considerations for EB-5 Immigrant Investors:

#1: Priority date retrogression for the EB-5 “Unreserved” final action date chart for China from a previous date of December 22, 2015, to March 22, 2015 (9-month retrogression)

#2: Creation of an EB-5 “Unreserved” final action date for India of November 8, 2019, a new date that first appeared in the October 2022 Visa Bulletin.

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The month of September has come and is nearly gone. That means that it is time to discuss next month’s Visa Bulletin for October 2022. In this video, attorney Jacob Sapochnick shares with you the trends and movement you can expect to see during the month of October for both employment based, and family sponsored preference visa categories, and our predictions for interview appointment availability. October’s Visa Bulletin is also important because it marks the end of the fiscal year.

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.

Want to know more? Just keep on watching.

Overview

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

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 October 2022 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 October 2022 to determine when you can apply for adjustment of status.

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Welcome to the start of a brand-new week. In this video, attorney Jacob Sapochnick shares with you some brand-new updates including the status of immigrant visa processing, NVC insider tips, information regarding the transfer of cases from USCIS to the NVC, NVC timeframes, expedite requests, and much more.

If you have an immigrant visa application waiting for interview scheduling at a U.S. Embassy or Consulate worldwide or if your case is stuck at the National Visa Center, then this video is right for you.

Did you know? The Consular Electronic Application Center (CEAC) is your one-stop shop to pay your immigrant visa fees and upload any necessary documentation to complete the processing of your application before it is deemed “documentarily complete.”

Want to know more? Just keep on watching.

Overview

The Role of the National Visa Center

As you may know, the National Visa Center (NVC) is operated by the Department of State. Its main role is to administer the processing of immigrant visas after their approval by the U.S. Citizenship and Immigration Services (USCIS), but before the case is actually sent to the U.S. Embassy or Consulate for a final interview. Essentially, the National Visa Center functions as a middleman between USCIS and Consulates overseas.

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In this video, attorney Jacob Sapochnick provides a brand-new update from the U.S. Department of State, specifically for applicants who are going through the process of applying for a waiver of the in-person interview requirement, also known as the “Virtual Waiting Queue.” If you would like to know what this is all about and how the Virtual Waiting Queue can help you just keep on watching.

Did You Know? Under the law, all nonimmigrant visa applicants must be interviewed by an officer unless the interview is specifically waived by the U.S. Department of State. Decisions to waive the in-person interview requirement are made on a case-by-case basis.  In normal circumstances, an interview is necessary to verify important information about the applicant to determine their eligibility for permanent residence or an immigrant visa.

During the interview, the officer verifies that the applicant understood the questions on their application and grants the applicant an opportunity to revise any answers completed incorrectly or that have changed since filing the application.

Overview

Recently, our office received information from the U.S. Embassy in London regarding this brand-new visa interview waiver procedure for non-immigrant visa applicants. From what we know, while this procedure is first being implemented in London, more Embassies and Consulates worldwide are expected to adopt the waiver procedure in the coming months. Please note that while some applicants may be eligible for interview waiver under this new program, important considerations must be made along with an experienced immigration attorney to ensure that the applicant can adequately succeed in passing the virtual interview.

Quite a few of our nonimmigrant visa clients who were eligible to have their visa interview waived, have been receiving a specific email notification from the Embassy stating that their applications have been placed in the “Virtual Waiting Queue.”

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In this video, attorney Jacob Sapochnick addresses a very important question: I want to apply for a U.S. visa, but my country does not have a U.S. Embassy or Consulate (or it is closed at this time), how can I apply for a visa in this situation?

Did You Know? The United States has a diplomatic presence in more than 190 countries around the world. During the COVID-19 pandemic, certain U.S. Embassies and Consulates have temporarily suspended certain U.S. visa services or have been operated at a very limited capacity due to local country conditions and regulations. In countries where the United States does not have a diplomatic presence, other U.S. Embassies or Consulates have been responsible for the processing of visas from those country nationals.

Want to know more? Just keep on watching.

Overview

There is no U.S. Embassy or Consulate in my home country (or the post nearest me is closed) what can I do to get a U.S. visa? What are my options?

Options for Nonimmigrant and Immigrant Visa Applicants

In countries where the United States has no diplomatic presence, or where the U.S. diplomatic mission has limited or suspended its activities, often times the U.S. Department of States will accommodate visa seekers by processing their applications at U.S. Embassies or Consulates in nearby countries.

However, the U.S. Embassy or Consulate in a nearby country must be willing to accept applications from third-country nationals for the visa type sought. Please note that certain U.S. Embassies or Consulate may not be able to accommodate applicants if the officer is not trained to speak the third-country language or is not familiar with the process for third-country nationals. Third country nationals should also be aware that they bear the responsibility for paying their own costs of transportation and hotel stay in a nearby country, during the visa interview and visa issuance process. Medical examinations for immigrant visas may also need to be conducted by a civil surgeon in the nearby country, therefore applicants should contact the U.S. Embassy or Consulate where they wish to apply to understand the requirements and procedures for third-country nationals.

Due to the recent closure of the U.S. Embassy in Moscow, Russia, for instance, the Department of State designated U.S. Embassy Warsaw in Poland as the processing post for Russian immigrant visa applications.

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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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