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.
After just two weeks in office, President Trump has overhauled the U.S. immigration system passing countless executive orders to begin his mass deportations and secure the southern border.
But how will his administration deal with legal immigration? In this video, we cover some of the changes that adjustment of status (green card) applicants can expect to see under the Trump administration in 2025, including upcoming case processing delays at the U.S. Citizenship and Immigration Services (USCIS), the end of green card interview waivers, the rise in Requests for Evidence (also known as RFEs), the public charge rule, and much more.
For more about how these changes can impact your case, please keep watching.
Overview
Green Card through Adjustment of Status
Applicants who are interested in applying for permanent residence while in the United States can do so through a process known as “adjustment of status.”
To qualify for adjustment of status, generally applicants must have entered the U.S. lawfully and be physically present in the United States.
Additionally, there must be an underlying immigrant petition filed by a qualifying family member (Form I-130) or by a U.S. employer (Form I-140). Certain employment-based applicants may self-petition without an employer, such as applicants seeking an EB-2 National Interest Waiver or EB-1A Aliens of Extraordinary Ability.
Examples of family members who can petition for immigrant aliens include spouses of U.S. Citizens, unmarried children under 21 years of age of a U.S. Citizen, or parents of U.S. Citizens.
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.
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.
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 currently going through the immigrant visa process and are waiting for your interview to be scheduled at a U.S. Consulate or Embassy overseas, then you won’t want to miss this important video. In this video attorney Jacob Sapochnick shares the latest updates regarding the operational capacity of U.S. Consular posts and Embassies worldwide as of June 2024.
Annual Numerical Limits – Visa Bulletin
Please note that certain categories of immigrants are subject to annual numerical limits which means that applicants must wait until an immigrant visa becomes available to them, before they can be scheduled for an immigrant visa interview at a Consulate overseas.
These include unmarried sons and daughters of U.S. Citizens, spouses and children of permanent residents, unmarried sons and daughters (21 years or older) of permanent residents, married sons and daughters of U.S. Citizens, and brothers and sisters of adult U.S. Citizens.
Additionally, all employment-based immigrant visa categories are subject to annual numerical limits.
If any of the above-mentioned categories apply to you, you must check the Visa Bulletin every month to determine whether your priority date is current according to your preference category and country of nationality. Only once your priority date is current on the final action date chart of the Visa Bulletin, can your case be scheduled for a visa interview.
Welcome back to ImmigrationLawyerBlog! In this video, attorney Jacob Sapochnick discusses a new rule from U.S. Citizenship and Immigration Services (USCIS) that will provide relief to nearly 800,000 applicants seeking a renewal of their employment authorization document also known as a work permit by automatically extending certain EADs from 6 months to 18 months.
Overview
On April 4, 2020, USCIS announced a temporary final rule (TFR) that increases the automatic extension period for employment authorization and EADs available to certain EAD renewal applicants from up to 180 days (6 months) to up to 540 days (or 18 months) from the printed expiration date of a previously issued EAD.
Effective April 8, 2024, this temporary final rule will apply to two categories of EAD applicants:
(1) applicants who timely and properly filed their Form I-765 applications on or after October 27, 2023, if the application is still pending on April 8, 2024; and
(2) applicants who timely and properly file their Form I-765 applicationon or after April 8, 2024and on or before September 30, 2025 (540 days after publication of this temporary final rule in the Federal Register).
Applicants must have one of these qualifying eligibility categories to receive an automatic extension of their employment authorization and/or EAD validity: A03, A05, A07, A08, A10, A12, A17*, A18*, C08, C09, C10, C16, C19, C20, C22, C24, C26*, and C31. These eligibility categories are published on the USCIS Automatic EAD Extension webpage.
Have you ever wondered why new immigration cases are being approved faster than older pending cases? If so, then you may be interested to learn why this is happening, as well as how the review process is conducted by the U.S. Citizenship and Immigration Services (USCIS), and what you can do if you are facing this situation.
If you would like to know more about this topic, we invite you to watch our video.
Overview
Q: My case has been pending with USCIS for several months. I have recently learned that USCIS has been giving recently filed cases priority over older cases, why is that?
USCIS Review Process
To understand this issue, let’s first discuss how USCIS accepts and reviews cases once they are received by the agency.
After you submit your application including your forms and filing fees, the first thing USCIS will do is input the receipt of your application into their system and send a notice to you by mail confirming the date your materials were received and accepted as a complete filing. This receipt is known as the Notice of Action.
USCIS will create a new file and assign a case number to your application which will appear on your Notice of Action, which you can use to check the status of your application on the USCIS website and by telephone.
Your case will then be sorted and routed to the appropriate service center or field office that will oversee the evaluation of your application. The office that will be given jurisdiction over your case is determined by a number of factors including but not limited to, your case type, agency workloads, and the date of receipt.
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.
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).
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.
Immigration Lawyer Blog
