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.
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.
In this video, attorney Jacob Sapochnick updates our viewers about how long it is taking for an immigrant visa interview to be scheduled at U.S. Consulates and Embassies overseas as of October 2024.
Please note that the green card application process will differ for individuals applying from inside the United States (this process is known as Adjustment of Status).
For the purposes of this video, we will focus solely on consular processing for applicants applying for their green card from outside the United States via a U.S. Consulate or Embassy overseas.
If you would like to learn more about this topic, please keep on watching.
How long do I have to wait for NVC to send my case to the U.S. Embassy or Consulate for interview scheduling?
On average, it can take the National Visa Center approximately 45 days to declare your case “documentarily complete.”
A case becomes “documentarily complete” once the applicant has paid all visa fees and submitted all required documents, including the DS-260 Online Immigrant Visa Application, Affidavit of Support, and other supporting documentation.
PRO TIP: To minimize delays, ensure that you are familiar with the documentation you must submit early on, and provide it promptly.
The amount of time you will need to wait for interview scheduling may vary depending on the following factors:
Your Preference Category: unless you are the immediate relative of a U.S. Citizen, your preference category will be subject to annual numerical limits. This means that you must check the Department of State’s Visa Bulletin regularly to know how much time you will need to wait before final action can be taken on your case.
Country of Nationality: Your country of nationality may also have an impact on the processing of your case. If you are dealing with a U.S. Embassy or Consulate that is in high demand such as India, Pakistan, or the Philippines, then you can expect longer wait times for interview scheduling, due to limited availability of visa interview appointments.
PRO TIP: Be proactive. Ensure that you have submitted all required documentation and follow up with the National Visa Center (NVC) regularly regarding your case.
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 this blog post covering the release of the November 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 November.
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 November.
Did you know that once you have obtained your E-2 visa as a treaty investor, you can bring essential employees to work for your company in the United States?
The E-2 visa presents an exciting opportunity for entrepreneurs to invest in and start their businesses in the United States. But what many investors may not know, is that they can petition to bring essential employees with certain specialized skills to work for their companies in the United States.
In this video, we discuss:
Who qualifies for an E-2 visa as an essential employee?
What is an essential employee?
How long can essential employees stay in the U.S.?
What are the Key Advantages for E-2 Essential Employees?
And more!
To learn more about this important topic, please keep on watching.
Overview
Who Can Qualify as an E-2 Essential Employee?
An essential employee is one whose duties are vital to the successful operation of the E-2 company. Generally, essential employees may be those who are seeking to work for the E-2 company in an executive, supervisory, or other essential capacity. Since the E-2 visa is designed to stimulate foreign investment in the U.S. economy, as well as encouraging job creation, this is an excellent visa type for employees who qualify.
To be eligible, the employee of an E-2 treaty investor must:
Have the same nationality as the E-2 employer (example: the E-2 investor is an individual who is a national of Mexico– a country that maintains a treaty of commerce with the U.S. In such a case, the employee must also be a national of Mexico to qualify)
Be coming to the United States to work for the E-2 company in an executive, or supervisory capacity, or if they will be employed in a lesser capacity, they must have special qualifications.
Are you waiting for your priority date to become current on the visa bulletin? Then you won’t want to miss this blog post covering the release of the October 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 October.
USCIS Adjustment of Status
For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of October.
For family-sponsored preference categories, USCIS will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of October.
The Final Action date for China EB-3 Professionals and Skilled Workers will retrogress by five months, to April 1, 2020. The Date for Filing will retrogress by almost 8 months, to November 15, 2020.
The Final Action date for EB-3 Professionals and Skilled Workers Worldwide will advance by almost two years, to November 15, 2022. The Date for Filing will advance by one month, to March 1, 2023.
The Final Action date for China EB-5 Unreserved will advance by seven months, to July 15, 2016. The Date for Filing will retrogress by three months, to October 1, 2016.
The India EB-5 Unreserved Final Action date will advance by more than one year, to January 1, 2022. The Date for Filing will remain at April 1, 2022.
Can you apply for a green card while you are inside of the United States on a tourist visa? In this video, attorney Jacob Sapochnick addresses this important topic.
Overview
B1/B2 Tourist Visa and Nonimmigrant Intent
The B1/B2 tourist visa is a nonimmigrant visa type that allows foreign nationals to visit the United States temporarily for one specified purpose, to engage in tourism or engage in permitted business activities like attending a business conference. The maximum period that a B1/B2 visitor can remain in the United States is 6 months.
Those traveling on such a visa must maintain what is called “non-immigrant” intent when arriving to the United States, meaning that travelers must intend to depart to their home country at the conclusion of their trip.
Misrepresenting your true intentions for traveling to the United States may spell disaster for you in the future and lead to serious immigration consequences including a bar on your future entry to the U.S., due to misrepresentation or fraud.
Those who intend to live or work in the United States must apply for the appropriate visa type and should not enter the United States on a B1/B2 visa.
Change in Circumstances After Arrival in the U.S.
Now let’s imagine that after your arrival to the United States on a B1/B2 visa, your life circumstances have changed. You’ve become engaged to a U.S. Citizen, you’ve secured a job offer for your dream job and your employer wants to sponsor you for a green card, what happens in these situations? Is it possible for you to change your status from a tourist to a permanent resident? The answer is it depends.
The key consideration here is whether you maintained “non-immigrant” intent at the time of your entry to the United States. Under immigration law, a temporary visa holder who enters the United States and gets married or files their green card application within 90 days of their entry, is presumed to have misrepresented his or her true intentions for traveling to the United States on a temporary visa. Such individuals are generally not eligible to apply for adjustment of status to permanent residence (a green card) from inside the United States.
Immigration Lawyer Blog
