The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.

Below is a summary of the March Visa Bulletin, including Final Action Dates and changes from the previous month:

  • China: EB-1 remains current, EB-2 jumps ahead another two months to December 8, 2013, and EB-3 advances two months to November 15, 2014
  • India: EB-1 remains current, EB-2 creeps forward one week to December 15, 2008, and EB-3 moves forward one month to January 1, 2007
  • Philippines: EB-2 remains current and EB-3 advances two months to May 1, 2016
  • All Other Countries: All EB categories are current

NOTE: USCIS has not yet announced if it will accept I-485 applications in March based on the Department of State’s Dates for Filing chart. However, the trend over the last several months has been to NOT honor the Dates for Filing chart, and instead only accept I-485 applications based on the Final Action Dates as listed above.

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.

Below is a summary of the February Visa Bulletin, including Final Action Dates and changes from the previous month:

  • China: EB-1 remains current, EB-2 advances nearly two months to October 1, 2013, and EB-3 jumps forward five months to September 15, 2014
  • India: EB-1 remains current, EB-2 continues a slow forward crawl –advancing 16 days to December 8, 2008, and EB-3 leaps forward an entire month to December 1, 2006
  • Philippines: EB-2 remains current and EB-3 advances two weeks to March 1, 2016
  • All Other Countries: All EB categories are current

Continue Reading February 2018 Visa Bulletin – Slow Advancement in Every Category and Projections for Future Movement

If 2017 is any indication, the new year will bring a fresh cascade of changes – both announced and unannounced, anticipated and unanticipated – in the business immigration landscape.  Few, if any, of these changes are expected to be good news for U.S. businesses and the foreign workers they employ.

In 2017, while much of the news media focused on the Trump Administration’s draconian changes to practices and policies that affected the undocumented – including ending the DACA Dreamer program, shutting down Temporary Protected Status for citizens of countries ravished by war and natural disaster, and aggressively enforcing at the southern border and in “sensitive” locations such as churches, courthouses, and homeless shelters – relatively less attention has been paid to the steady, incremental erosion of rights and options for legal immigrants, particularly those who are sponsored for work by U.S. employers, under the Administration’s April 2017 “Buy American / Hire American” executive order.  There is no doubt that such restrictions to the legal immigration system will continue to cause business uncertainty and disruption in 2018.  Here’s what to expect:

Continue Reading Buckle Your Seatbelts: 2018 Will Be a Watershed Year in Business Immigration

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.

Below is a summary of the January Visa Bulletin, including Final Action Dates and changes from the previous month:

  • China: EB-1 remains current, EB-2 advances five weeks to August 8, 2013, and EB-3 advances six weeks to April 15, 2014
  • India: EB-1 remains current, EB-2 moves ahead 3 weeks to November 22, 2008, and EB-3 finally moves– advancing two weeks to November 1, 2006
  • Philippines: EB-2 remains current and EB-3 jumps ahead one month to February 15, 2016
  • All Other Countries: All EB categories are current

PLEASE NOTE:  USCIS has not yet announced if it will accept I-485 applications in January based on the Department of State’s Dates for Filing chart. However, the trend over the last several months has been to NOT honor the Dates for Filing chart, and instead only accept I-485 applications based on the Final Action Dates as listed above.

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.

Below is a summary of the December Visa Bulletin, including Final Action Dates and changes from the previous month:

  • China: EB-1 remains current, EB-2 creeps forward two weeks to July 1, 2013, and EB-3 advances five weeks to March 8, 2014
  • India: EB-1 remains current, EB-2 advances 3 weeks to November 1, 2008, and EB-3 remains frozen at October 15, 2006 for the fourth month in a row
  • Philippines: EB-2 remains current and EB-3 stalls at January 15, 2016
  • All Other Countries: All EB categories are current

PLEASE NOTE:  USCIS has not yet announced if it will accept I-485 applications in December based on the Department of State’s Dates for Filing chart. However, the trend over the last several months has been to NOT honor the Dates for Filing chart, and instead only accept I-485 applications based on the Final Action Dates as listed above.

The State Department online registration period for the Congressionally mandated 2019 Diversity Visa (DV) lottery begins October 3, 2017 (at noon EST), and ends on November 7, 2017 (at noon EST). The DV lottery allows nationals from certain countries to apply for immigrant visas (“green cards”) outside of the normal immigrant visa process. Individuals already being sponsored for immigrant visas by family members or employers may participate as well. Requirements include being a national of an eligible country (although an applicant may qualify based on his or her spouse’s nationality) and high school education or work experience. Complete eligibility requirements and filing instructions can be found here.

Before taking office, President Trump said that he would end the DV lottery and that the upcoming lottery may be the last.  We will update this blog if there are any changes to the DV lottery program

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.

Below is a summary of the October Visa Bulletin, including Final Action Dates and changes from the previous month:

  • China: EB-1 returns to current, EB-2 moves ahead one week to May 22, 2013, and EB-3 returns to the new normal, outpacing EB-2 and jumping ahead two years to January 1, 2014
  • India: EB-1 returns to current, EB-2 creeps ahead four weeks to September 15, 2008, and EB-3 remains stalled at October 15, 2006
  • Philippines: EB-2 returns to current and EB-3 moves ahead one month to December 1, 2015
  • All Other Countries: EB-2 joins EB-3 as current

PLEASE NOTE: USCIS has not yet announced if it will accept I-485 applications in October based on the Department of State’s Dates for Filing chart. However, the trend over the last several months has been to NOT honor the Dates for Filing chart, and instead only accept I-485 applications based on the Final Action Dates as listed above.

 

Following the Supreme Court’s recent decision to allow the partial implementation of Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States” (“EO”), the State Department issued a cable to all diplomatic and consular posts instructing them how to implement the EO, which begins tonight at 8:00 PM EDT.  The ban applies to aliens from Iran, Libya, Somalia, Sudan, Syria and Yemen.  Consular officers are instructed to first determine if a visa applicant meets the general visa issuance requirements without regard to the EO and, if so, then to make a determination if the applicant is exempt from the EO’s suspension of entry provision.  If the applicant is not exempt, the officer must determine whether the applicant qualifies for a waiver in order to obtain a visa.

The EO’s suspension of entry provision does not apply to an applicant with a credible claim of a bona fide a relationship with a person (close family members) or entity in the United States.  Personal relationships with “close family members” include:

  • parent (including parent-in-law)
  • spouse
  • child
  • adult son or daughter
  • son-in-law/daughter-in-law
  • sibling, whether whole or half (includes step relationships)
  • fiancé(e)s

“Close family” does not include:

  • grandparents
  • grandchildren
  • aunts/ uncles
  • nieces/nephews
  •  cousins
  • brothers-law/ sisters-in-law
  • and any other “extended” family members.

A relationship with a “US entity” must be formal, documented and “formed in the ordinary course, rather than for the purpose of evading” the EO.  Students accepted to US institutions and workers sponsored for work-authorized visas should still qualify for visas, provided that they are otherwise admissible.  Those entering in relationships to avoid the EO would not qualify.

Those affected by the EO applying for immigrant visas abroad will still be interviewed.  Those not exempt from the EO who do not qualify for waivers will be refused, but Visa Office advisory opinions should be requested by the officers, which may provide relief.

The EO also lists other exemptions and waivers, and can be found here.We suggest that you consult with counsel if you, a relative, an employee, or a prospective employee may be affected by the ban.

We will continue to monitor the situation, and update our blog with further developments and any legal challenges that arise.

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.

Below is a summary of the July Visa Bulletin, including Final Action Dates and changes from the previous month:

  • China EB-1 remains at January 1, 2012, EB-2 advances three weeks to March 22, 2013 and EB-3 reverses course and falls behind EB-2, retrogressing more than two years to January 1, 2012
  • India EB-1 holds steady at January 1, 2012, EB-2 continues its slow forward movement advancing three weeks to July 22 2008 and EB-3 jumps ahead nine months to February 15, 2006
  • Philippines EB-3 leaps forward an entire year to May 15, 2014
  • Worldwide EB-3 moves ahead seven weeks to June 8, 2017

China EB-1 and India EB-1 are expected to become current again in October 2017.

PLEASE NOTE: USCIS has not yet announced if it will accept I-485 applications in July based on the Department of State’s Dates for Filing chart. However, the trend over the last several months has been to NOT honor the Dates for Filing chart, and instead only accept I-485 applications based on the Final Action Dates as listed above.