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.
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 chartduring that month.
Which chart should I refer to for the month of August 2022?
It’s that time of the month again, the July Visa Bulletin is here. In this video, attorney Jacob Sapochnick discusses the movement you can expect to see for employment based and family sponsored preference categories in the month of July. Also covered are the trends and projections as we move forward the next few 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 July Visa Bulletin (for those residing in the USA)
Every month, the US Citizenship, and Immigration Services (USCIS) indicates the appropriate filing chart that must be used by applicants residing inside the United States, who wish to apply for adjustment of status to permanent residence. 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.
Do you have a case currently pending review at the National Visa Center? In this video, we discuss the growing backlogs at the National Visa Center and explain the reason it is taking so long for the NVC to process immigrant visa cases and prepare them for a visa interview at a U.S. Embassy or Consulate overseas.
Did you know? Every month the National Visa Center releases their Immigrant Visa Backlog Report, which provides important information including the number of immigrant visa applicants being scheduled for interview appointments, the number of applicants whose cases are documentarily complete and ready for interviews, and the number of eligible applicants still pending the scheduling of an interview.
Want to know more? Just keep on watching.
Overview
First, let’s discuss: What is the National Visa Center?
Once U.S. Citizenship and Immigration Services (USCIS) has approved your immigrant visa petition, USCIS will forward your petition to the National Visa Center (NVC) in Portsmouth, New Hampshire, where your application will undergo immigrant visa pre-processing once your priority date has become current according to the Visa Bulletin.
Essentially, 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 your case is received by the National Visa Center (if your priority date is current and a visa number is available) you will be instructed to submit the DS-260 Immigrant Visa Application, submit civil documents in support of your immigrant visa application, and pay the necessary visa fees. Once you have completed this process, your case will be considered “documentarily complete,” and your application will be placed in line for interview scheduling, at the U.S. Embassy or Consulate nearest your place of residence.
What are the current visa backlogs at the NVC?
As our readers will know, the COVID-19 pandemic has had a disastrous impact on the processing of cases at the NVC and Consular level. The majority of U.S. Embassies and Consulates continue to operate on a limited basis, due to local country conditions and restrictions, local and national lockdowns, travel restrictions, local regulations, and measures taken by Consular posts to reduce the spread of COVID-19. This has caused challenges to interview scheduling, given that the volume of interviews that can be scheduled has been drastically decreased, to prevent the spread of the virus, and ensure public health and safety for applicants and Consular officers.
While Embassies and Consular posts have tried to return processing to pre-pandemic levels, they simply have been confronted with an overwhelming demand of cases waiting to be scheduled for in-person visa interviews.
Due to the operational crisis at Embassies and Consulates worldwide, the National Visa Center has been unable to forward immigrant visa cases to posts overseas, because posts have not had the capacity to accommodate all those waiting for an interview.
The data shows that things have not gotten better. In fact, they have gotten worse.
Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses what you can expect after filing Form I-130 Petition for Alien Relative, used by U.S. Citizens or Legal Permanent Residents (LPRs) to lawfully immigrate a qualifying relative to the United States, and how long it is taking for the U.S. Citizenship and Immigration Services (USCIS) to process these applications.
Want to know more? Just keep on watching.
Overview
The first step of the process to immigrate a foreign national involves the filing of Form I-130 Petition for Alien Relative. This application forms the basis of the foreign national’s eligibility to apply for a green card, based upon what is known as a qualifying family relationship. Not all family members may qualify.
If you are a U.S. citizen, you may file Form I-130 only for your eligible relatives. This includes your spouse, your children, your siblings, and your parents. If you are a permanent resident, you can petition for your spouse and any child under the age of 21.
What happens after filing Form I-130?
Once you have filed Form I-130 Petition for Alien Relative either by mail or online, you will receive a receipt notice in the mail known as Form I-797C Notice of Action. This notice will serve as proof that your application was received and properly filed with USCIS. The Notice will also include your Form I-130 receipt number where you can track the progress of your case online, and the date the case was received by USCIS also known as the priority date.
If you have filed Form I-130 by mail, you will receive the Notice of Action approximately 1-2 weeks after mailing the application. If you filed Form I-130 online, the Notice of Action will appear in your USCIS online account portal approximately 1 week after submission.
If you fail to include the correct filing fees with your application or your application is deficient in any other way, your case may be rejected and sent back to you. In such case, you would not receive a Notice of Action, and instead would receive a rejection notice along with your package being returned to you. Therefore, it is very important for applicants to review the Form I-130 instructions very carefully and provide all necessary fees and documentation with the filing. Failure to do so can result in the rejection of your case. If your case has been rejected, you are allowed to re-file your application with USCIS having corrected the mistake.
Thereafter, if any additional documentation is missing from your application, or if USCIS needs further information to process your Form I-130, they will issue a Request for Evidence (RFE) outlining the documentation and/or information they need from you to continue processing your case. Requests for Evidence (RFE) are sent by mail and include the deadline for responding to the Request for Evidence in the Notice. When an RFE is issued, the case is halted until you respond to the request. For this reason, it is important to respond in a timely manner and no later than the deadline indicated in the notice. Remember, the longer you delay in responding to an RFE, the more time it will take for your case to be adjudicated.
Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses the current status of the immigrant visa backlog at the National Visa Center and Department of State, as of April 2022. In this video you will learn more about what you can expect over the next few months if you have a pending immigrant visa case waiting to be scheduled for an interview at a Consulate overseas.
Want to know more? Just keep on watching.
Overview
Every month when the National Visa Center releases its Immigrant Visa Backlog report, we take notice and breakdown exactly what the backlog report means for immigrant visa applicants.
In its latest release for the month of April 2022, the National Visa Center has provided information that highlights the dramatic backlogs caused by the Coronavirus pandemic, causing delays in the processing of immigrant visa applications.
Since the emergence of the Coronavirus, U.S. Embassies and Consulates worldwide have struggled to accommodate the growing demand for visa interviews with a very limited number of personnel and resources. Posts have also faced severe limitations including the inability to process a large number of cases due to local country conditions and lockdowns. The reality is that things have not gotten back to normal in many countries, and unfortunately this is causing applicants more headaches.
In an effort to be as transparent as possible, the National Visa Center has provided the total number of immigrant visa applicants still waiting for interview appointments.
These numbers are extremely concerning. Of 453,797 immigrant visa cases that were documentarily complete and ready to be scheduled for interviews as of March 31st, only 32,439 were actually scheduled for interviews in the month of April, leaving a backlog of 421,358 immigrant visa applicants still waiting for an interview.
Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of March 31
453,797
Number of documentarily complete IV applicants scheduled for April 2022 interview appointments
32,439
Number of eligible IV applicants still pending the scheduling of an interview after April 2022 appointment scheduling was completed
421,358
Sadly, this means that the State Department has not increased the volume of monthly interviews that can be scheduled at posts overseas, leaving the issue of the immigrant visa backlog unresolved.
Unfortunately, the future ahead does not look very promising. When looking at the March and April backlog reports, we see that the immigrant visa backlog decreased by only 3.5%.
Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick goes over the upcoming April 2022 Visa Bulletin and what you can expect in terms of movement or retrogression in the employment based and family sponsored preference categories.
The visa bulletin is issued every month by the Department of State. It shows which green card applications can move forward, based on when the immigrant petition that starts the green card process was originally filed. The visa bulletin allows you to estimate how long it will take before you will be able to get your green card, based on how quickly the “line” is moving now. You can check the visa bulletin on a monthly basis to determine your place in line.
Want to know more? Keep on watching for all the details.
Overview
What’s happening in the employment-based categories?
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE
According to the Department of State’s April 2022 Visa Bulletin, the following final cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:
EB-1: All countries, including India and China, will remain current.
EB-2: India will advance by more than 2 months to July 8, 2013, and China will remain at March 1, 2019. All other countries will remain current.
EB-3 Professionals and Skilled Workers: EB-3 India and China will remain unchanged from the previous month, at January 15, 2012, and March 22, 2018, respectively. All other countries will remain current.
EB-4: All countries are current, except El Salvador, Guatemala, and Honduras at May 01, 2017, and Mexico at April 01, 2020.
EB-5: The Non-Regional Center program will be current for all countries, including China. The Regional Center program has been reauthorized by recent legislation but is still listed as Unavailable in the April Visa Bulletin Final Action Date chart, given that certain provisions of the reauthorizing legislation have not yet taken effect.
Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIA
MEXICO
PHILIPPINES
1st
C
C
C
C
C
C
2nd
C
01MAR19
C
08JUL13
C
C
3rd
C
22MAR18
C
15JAN12
C
C
Other Workers
C
01JUN12
C
15JAN12
C
C
4th
C
C
01MAY17
C
01APR20
C
Certain Religious Workers
U
U
U
U
U
U
5th Non-Regional Center
(C5 and T5)
C
C
C
C
C
C
5th Regional Center
(I5 and R5)
U
U
U
U
U
U
DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CATEGORIES
Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIA
MEXICO
PHILIPPINES
1st
C
C
C
C
C
C
2nd
C
01APR19
C
01SEP14
C
C
3rd
C
01APR18
C
22JAN12
C
C
Other Workers
C
01AUG15
C
22JAN12
C
C
4th
C
C
15JUN17
C
C
C
Certain Religious Workers
C
C
15JUN17
C
C
C
5th Non-Regional Center
(C5 and T5)
C
C
C
C
C
C
5th Regional Center
(I5 and R5)
C
15DEC15
C
C
C
C
Which filing chart do I use if I want to apply for adjustment of status based on employment within the USA?
Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick goes over the upcoming March 2022 Visa Bulletin and what you can expect in terms of movement or retrogression in the employment based and family sponsored preference categories.
The visa bulletin is issued every month by the Department of State. It shows which green card applications can move forward, based on when the immigrant petition that starts the green card process was originally filed. The visa bulletin allows you to estimate how long it will take before you will be able to get your green card, based on how quickly the “line” is moving now. You can check the visa bulletin on a monthly basis to determine your place in line.
Overview
What’s happening in the employment-based categories?
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE
According to the Department of State’s March 2022 Visa Bulletin, the following final action cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:
EB-1: All countries, including India and China, will remain current.
EB-2: India will advance by 4 months to May 1, 2013, and China will remain at March 1, 2019. All other countries will remain current.
EB-3 Professionals and Skilled Workers: EB-3 India and China will remain unchanged from the previous month, at January 15, 2012, and March 22, 2018, respectively. All other countries will remain current.
EB-5: The Non-Regional Center program will be current for all countries, including China. The Regional Center program has expired and is listed as unavailable in the March 2022 Visa Bulletin. If reauthorized, the Regional Center category will also be current for final action for all countries except China, which would be subject to a November 22, 2015 final action date.
Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIA
MEXICO
PHILIPPINES
1st
C
C
C
C
C
C
2nd
C
01MAR19
C
01MAY13
C
C
3rd
C
22MAR18
C
15JAN12
C
C
Other Workers
C
01MAY12
C
15JAN12
C
C
4th
C
C
01MAY17
C
01APR20
C
Certain Religious Workers
U
U
U
U
U
U
5th Non-Regional Center
(C5 and T5)
C
C
C
C
C
C
5th Regional Center
(I5 and R5)
U
U
U
U
U
U
Which filing chart do I use if I want to apply for adjustment of status based on employment within the USA?
What can be expected moving forward from the employment-based categories?
In this month’s visa bulletin, the most important highlight is that EB-3 China Other Workers advanced by one-month to July 1, 2015, and EB-4 El Salvador, Guatemala, and Honduras retrogressed by almost 2 years.
Additionally, DOS estimates that it may soon be necessary to establish EB-5 Non-Regional Center Final Action and Dates for Filing cutoff dates for China. DOS predicts this may occur as early as April 2022, which would make the category no longer current for China-mainland born nationals.
DOS also predicts that EB-2 India might soon retrogress in the coming weeks.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the February 2022 Visa Bulletin and what you can expect in terms of movement or retrogression in the employment based and family sponsored preference categories.
Want to know more? Just keep on watching.
Overview
What’s happening in the employment-based categories?
According to the Department of State’s February 2022 Visa Bulletin, the following final action cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:
EB-1: All countries, including India and China, will remain current.
EB-2: India advanced by nearly 6 months to January 1, 2013, and China advanced by more than 5 weeks to March 1, 2019. All other countries will remain current.
EB-3 Professionals and Skilled Workers: EB-3 India and China will remain the same as the previous months at January 15, 2012 and March 22, 2018 respectively. All other countries will remain current.
EB-4 Certain Religious Workers: All countries, except El Salvador, Guatemala, Honduras, and Mexico, will remain current. El Salvador, Guatemala, Honduras remains at March 15, 2019, and Mexico remains at April 1, 2020
EB-5: The Non-Regional Center program will be current for all countries, including China. The Regional Center program has expired and is listed as unavailable in the February 2022 Visa Bulletin. If reauthorized, the Regional Center program will mirror the Non-Regional Center final action dates, except China, which would be subject to a November 22, 2015, final action date.
Which filing chart do I use if I want to apply for adjustment of status based on employment within the USA?
What’s happening in the family-sponsored categories?
According to the Department of State’s February 2022 Visa Bulletin, the following final cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories:
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a major new development in immigration law: H.R. 5376, the Build Back Better Act was passed by the U.S. House of Representatives on November 19, 2021 and will now move to the U.S. Senate for consideration.
In this blog post, we break down all the major immigration provisions of the Build Back Better Act, including the introduction of new fees that will apply to certain categories of immigrants to request a waiver of the numerical limitations under the law.
Want to know more? Just keep on watching.
Overview
What are the major immigration provisions of the Build Back Better Act?
If passed section 60001 of the House bill would amend certain provisions of the Immigration and Nationality Act and open a path to permanent residency for four classes of immigrants allowing them to adjust their status to permanent residence (a green card). To be eligible, applicants would be required to pay a supplemental fee of $1,500, have no criminal background, and have no inadmissibility issues.
Under the bill, the following individuals would be eligible to apply for permanent residency:
Dreamers: young undocumented immigrants brought to the United States as children before 2007, who have continuously resided in the United States, gone to school, and who otherwise have no criminal record
Essential Workers: The Act would also extend an opportunity to individuals in our workforce who have played an essential role in our society, especially throughout the COVID-19 pandemic, such as health care workers, energy and transportation workers, public works employees, and manufacturing workers, among others.
Temporary Protected Status recipients: recipients of Temporary Protected Status would also be eligible to apply for permanent residency. Temporary Protected Status is a temporary designation given to eligible nationals of designated countries affected by armed conflict or natural disaster. The TPS designation allows recipients to live and work in the United States on a lawful temporary basis
Deferred Enforcement Departure applicants: those who have received a grant of Deferred Enforced Departure would also be eligible to apply for permanent residency. Deferred Enforced Departure (DED) (formerly Extended Voluntary Departure) is a form of relief from removal that allows certain individuals from designated countries and regions facing political or civic conflict or natural disaster to live and work in the United States on a lawful basis.
Immigration Lawyer Blog
