Articles Posted in Processing Times

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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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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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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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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses a hot topic in the world of immigration, why is the National Visa Center taking such a long time to process cases? What are some predictions on the status of visa processing in the future? If you are interested in receiving more information about the National Visa Center, or if your case is stuck at the National Visa Center, this is the right video is for you.

Overview

In this video, we will discuss the National Visa Center February backlog report, which contains important statistics and data that has been provided by the Department of State to provide transparency to the public. The Coronavirus pandemic has caused an enormous backlog at Embassies worldwide, which are expected to continue for months to come. Please note that the National Visa Center backlog report changes on a regular basis, and often the information released can become easily outdated as the NVC works to move these cases through the pipeline.

In addition, this data is specific to cases that have been processed by National Visa Center and that have been determined to be “documentarily complete.”  It does not reflect Immigrant Visa cases that have already been transferred to an embassy or consulate for interview, cases that are still with USCIS for petition approval, or cases that are not considered documentarily complete.

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

The National Visa Center (NVC) is a government agency that is responsible for the pre-processing of all immigrant visa petitions approved by the United States Citizenship and Immigration Services (USCIS) including family sponsored and employment-based immigrant petitions of foreign nationals residing overseas. 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 the immigrant visa petition has been approved by USCIS, the application is then forwarded to the National Visa Center located in Portsmouth, New Hampshire, where it will be pre-processed and retained until the immigrant visa application is ready to be adjudicated at the foreign national’s closest U.S. Consulate or Embassy. It takes approximately 30-60 days for an immigrant visa application to be transferred from USCIS to the National Visa Center. The National Visa Center recommends that an applicant wait at least 90 days from the date of the immigrant petition’s approval before calling to confirm the receipt of an application. Remember that an immigrant visa will not be scheduled for an interview, until the applicant’s priority date becomes current on the Visa Bulletin. Certain categories of immigrants are not subject to numerical limitations, while many others are.

How long will the NVC take to process my case?

After you have submitted all of your required documentation to the National Visa Center, paid the visa fees, and uploaded all of the necessary documents to your Consular Electronic Application Center (CEAC) portal, it can take anywhere from 3 to 6 months for the National Visa Center to review your documentation and determine that your case is “documentarily complete.”

If you have submitted all documentation as required by the National Visa Center, you will receive an email which states the following:

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Welcome back to the Immigration Lawyer Blog! It’s the start of a brand-new year and as always, we at the Law Offices of Jacob J. Sapochnick, are committed to bringing you the latest in immigration news. We are happy for you to join us.

In this video, attorney Jacob Sapochnick shares his top predictions for U.S. immigration in the new year. In this blog post we cover the following topics: What will happen to visa processing during the COVID-19 pandemic? Will there be immigration reform in the new year? Will any new changes be made to the H-1B visa program? What about fee increases? Stay tuned to find out more.

Overview

What are some of our key immigration law predictions for the upcoming year?

Increase in Filing Fees for USCIS petitions and DOS Non-Immigrant Visa Fees

Our first prediction for the new year is an increase in filing fees at both the USCIS and Department of State levels, to help increase government resources during the ongoing COVID-19 pandemic. As you might recall, back in October of 2020, USCIS attempted to increase its filing fees to meet its operational costs. Among the petitions that were to be the most impacted were N-400 applications for naturalization, L visa petitions, O visa petitions, and petitions for qualifying family members of U-1 nonimmigrants.

Fortunately, in September of 2020, a federal court struck down the planned USCIS increase in fees arguing that the new fee increases would adversely impact vulnerable and low-income applicants, especially those seeking humanitarian protections.

We believe that early in the new year USCIS will again publish a rule in the Federal Register seeking to increase its fees to help keep the agency afloat. USCIS previously insisted that the additional fees were necessary to increase the number of personnel at its facilities to meet the increasing demand for adjudication of certain types of petitions. It is no secret that USCIS has experienced severe revenue shortfalls since the start of the pandemic as more and more families found it difficult to afford filing fees. Once those details have been made public we will provide more information right here on our blog and on our YouTube channel.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the National Visa Center (NVC) immigrant visa backlog and current NVC processing times in the month of June. Stay tuned for updates on the Department of State’s plan to reopen Embassies and Consulates worldwide, and information on how Consular posts will be prioritizing visa issuance in the next few months for F-1 students, H-1B workers, H-4 spouses, and J-1 Workers.

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

Overview

The National Visa Center’s Backlog

As many of you know, last year the Department of State made the difficult decision to temporarily suspend routine visa services at U.S. Embassies and Consular posts worldwide to prevent the rapid spread of the Coronavirus. The suspension was necessary to adhere to local regulations such as the mandatory quarantines and social distancing required to contain the virus. Although Embassies and Consulates are now following a phased resumption of visa services framework, limited resources and local country conditions in some regions have prevented Consular posts from providing routine visa services as before. Most Consular sections are not operating at normal capacity, and are prioritizing visa appointments for emergencies, mission critical visa services, and immediate relatives of U.S. Citizens including K fiancé(e)s.

On February 2, 2021, President Biden issued Executive Order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” which was designed to promote integration and inclusion for foreign born immigrants, including the dismantling of harmful anti-immigrant policies.

Despite the issuance of this Executive Order, Embassies and Consulates have not been able to return to normalcy and routine visa services have remained suspended. Consular officials are still refusing to issue visas for individuals that remain in the lower tier of immigrant visa prioritization, including family preference, employment preference, and diversity immigrant visa applicants. This has prompted hundreds of individuals to join numerous class action lawsuits to force the government to intervene.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new pilot program that will improve the accuracy and reporting of current USCIS processing times. As our readers will be aware, USCIS processing times have increased significantly during the past few years, especially for certain types of petitions, due to severe backlogs and personnel shortages caused by the COVID-19 pandemic.

Unfortunately, this has made it more and more difficult for applicants to ascertain exactly where they stand in the processing pipeline. To help resolve these issues, USCIS is testing new ways to better calculate processing times for immigration benefit requests with the unveiling of a new pilot program. This new system will help certain applicants determine whether their case is outside of the normal processing time, and when they can inquire about the status of their case. The pilot program will begin with posted processing times for Forms I-90, I-102, I-485, I-526, I-751, I-765, I-817, I-824, I-829, I-914, I-924, N-400, N-600 and N-600K.

Overview

Unfortunately, thousands of applicants have been negatively impacted by the lengthy processing times, currently affecting a broad range of applications and petitions filed at USCIS service centers nationwide. Many have been waiting months on end for interview scheduling, while others have yet to receive a Notice of Action, informing them that their case was properly filed and received by USCIS.

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In this video attorney Jacob Sapochnick will show you how you can check the processing times for the I-751 Removal of Conditions and Form I-90 Application to Replace Permanent Resident Card.

What is the I-751?

Form I-751 Petition to Remove Conditions on Residence is a form that must be filed by conditional permanent residents to remove their conditions and receive the ten-year permanent resident card.

At the moment, the I-751 Petition is taking longer than expected to be adjudicated by USCIS. As a result of these delays, on June 11, 2018, USCIS began issuing receipt notices extending an applicant’s conditional permanent resident status for a period of 18 months, as opposed to 12 months.

It is not uncommon however for some petitions to take longer than 18 months to be processed, especially in the case of an I-751 waiver of the joint filing requirement.

It is important to note that processing times vary by service centers. There are five service centers that process and adjudicate the I-751 petition. These service centers include: California, Nebraska, Potomac, Texas, and Vermont.

Please follow along on the CIS website to find out how you can check the processing times based on these service centers.

What is the I-90?

The I-90 application is used by lawful permanent residents to apply for replacement or renewal of existing Permanent Resident Cards.

The Potomac service center is the only service center currently processing I-90 applications.

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