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 retrogresses to January 1, 2012, EB-2 advances eight months to August 1, 2014, and EB-3 leaps ahead six months to June 1, 2015
  • India: EB-1 reverts to January 1, 2012, EB-2 creeps forward another week to December 22, 2008, and EB-3 jumps forward more than a year to February 1, 2008
  • Philippines: EB-2 remains current and EB-3 advances seven months to January 1,2017
  • All Other Countries: All EB categories are current

NOTE: USCIS has not yet announced if it will accept I-485 applications in April 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 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 November Visa Bulletin, including Final Action Dates and changes from the previous month:

  • China: EB-1 remains current, EB-2 moves ahead 24 days to June 15, 2013, and EB-3 only advances one month to February 1, 2014
  • India: EB-1 remains current, EB-2 advances 23 days to October 8, 2008, and EB-3 remains stalled at October 15, 2006
  • Philippines: EB-2 returns to current and EB-3 moves ahead one month to January 15, 2016
  • All Other Countries: All EB categories are current

PLEASE NOTE:  USCIS has announced that in November it will accept employment-based I-485 applications based only on the Department of State’s Final Action Dates chart.  As in past months, USCIS will NOT honor the Dates for Filing chart

The Department of State has announced that due to technical issues the initial DV-2019 entry period of October 3, 2017, to November 7, 2017, has been closed.  The new DV-2019 entry period will begin at noon (EST) on October 18, 2017, and will remain open until noon (EST) on November 22, 2017. All entries received prior to October 18, 2017 will be cancelled and excluded from the system.  Applicants who submitted entries during that timeframe are advised to submit new entries to be considered in the DV 2019 lottery.

On Sunday, September 24, 2017, the White House identified eight countries as inadequately managing identity and security risk information for their citizens who seek admission to the United States or other U.S. immigration benefits and established the following restrictions for those countries:

  • North Korea / Syria:  All immigrant and nonimmigrant visas are suspended.
  • Chad / Libya / Yemen:  All immigrant visas and all B-1 business and B-2 tourist visas are suspended.
  • Iran:  All immigrant visas are suspended, as well as all nonimmigrant visas except F and M student visas and J exchange visitor visas, for which additional screening is required.
  • Venezuela:  All official and B-1/B-2 visas for employees of certain government agencies and their dependents are suspended.  These agencies include the Ministry of the Popular Power for Interior, Justice and Peace; Administrative Service of Identification, Migration and Immigration; Scientific, Penal and Criminal Investigation Service Corps; Bolivarian National Intelligence Service; and Ministry of the Popular Power for Foreign Relations.  Additional screening is required for all other types of visas.
  • Somalia:  All immigrant visas are suspended.  Additional screening is required for all other types of visas.
  • Iraq:  No suspensions, but additional screening is required for all visas and entries.

The proclamation exempts the following classes of individuals, among others, from the above restrictions:

  • Those who seek, or have already been granted, asylum or withholding of removal
  • Those who seek admission, or have already been admitted, as refugees
  • Those who already held valid visas on September 24
  • Those who hold other travel documents – such as transportation letters, boarding foils, or advance parole documents – that were valid on September 24 or are issued after that date
  • Those whose visas were marked canceled or revoked under the initial Travel Ban (January 27, 2017)
  • Nationals of Iran, Libya, Syria, Yemen and Somalia who have a credible claim of a bona fide relationship with a U.S. person or entity, but only until October 18, 2017
  • Dual nationals who are traveling on a passport from a non-designated country

Individual waivers are available if the restrictions cause “undue hardship,” if the waiver is in the national interest, and if the iindividual poses no national security or public safety risk.  Subject to those criteria, the proclamation lists examples of potential waiver-worthy cases, including individuals who happened to be outside the United States on September 24, but had previously been admitted on long-term work or study visas and seek reentry to resume those activities; individuals who seek entry to visit or reside with an immediate relative who is a U.S. citizen, lawful permanent resident, or lawful nonimmigrant; infants, young children, adoptees, or individuals who need urgent medical care; dual nationals who hold Canadian permanent residence and apply for admission or visas inside Canada; and others.

Reacting to the proclamation on September 24, the Supreme Court announced that oral arguments on the Travel Ban cases, scheduled for October 10, 2017, were canceled.  SCOTUS also set a deadline of October 5 for the parties in those cases (primarily the state of Hawaii and the International Refugee Assistance Project) to file legal briefs addressing the question of whether their challenges are now moot because of (a) the new travel ban; and (b) the upcoming expiration, on October 24, of the total refugee ban.  SCOTUS could hear oral arguments at a later date or could decide the case on briefs only.

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