Posts Categorized: Visa Bulletin

02
October 2017

New USCIS Form Streamlines Process to Obtain a Work Authorization Document and Social Security Number Simultaneously

WASHINGTON – Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA), foreign nationals in certain categories or classifications can now apply for work authorization and a social security number using a single form – the updated Form I-765, Application for Employment Authorization.

To lawfully work in the United States, foreign workers in some categories and classifications need both an employment authorization document (EAD) from USCIS, and a Social Security number (SSN) from the SSA. Previously, applicants needed to submit a Form I-765 to USCIS for an EAD, and then submit additional paperwork in-person at their local Social Security office to obtain an SSN.

The revised USCIS form includes additional questions that allow applicants to apply for an SSN or replacement card without visiting a Social Security office. Starting today, USCIS will transmit the additional data collected on the form to the SSA for processing. Moving forward, applicants who receive their approved EADs from USCIS should receive their Social Security card from SSA within the following two weeks.

EADs serve as documentation to show employers that an individual is authorized to work in the U.S. for a specific time period. SSNs are used to report wages to the government, and to determine an individual’s eligibility for certain benefits. USCIS encourages all U.S. employers to verify the employment eligibility of all new hires through E-Verify.

For additional information on applying for employment authorization, visit USCIS’ EAD page or call the USCIS National Customer Service Center.

For more information on applying for a Social Security card, see this fact sheet.

For more information about USCIS and its programs, please visit uscis.gov.

We serve the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.

 

29
August 2017

USCIS to Expand In-Person Interview Requirements for Certain Permanent Residency Applicants

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will begin expanding in-person interviews for certain immigration benefit applicants whose benefit, if granted, would allow them to permanently reside in the United States. This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system.

Effective Oct. 1, USCIS will begin to phase-in interviews for the following:

  • Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status).
  • Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.

Previously, applicants in these categories did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated. Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types.

“This change reflects the Administration’s commitment to upholding and strengthening the integrity of our nation’s immigration system,” said Acting USCIS Director James W. McCament. “USCIS and our federal partners are working collaboratively to develop more robust screening and vetting procedures for individuals seeking immigration benefits to reside in the United States.”

Conducting in-person interviews will provide USCIS officers with the opportunity to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the individual seeking permanent residence in the United States. USCIS will meet the additional interview requirement through enhancements in training and technology as well as transitions in some aspects of case management.

Additionally, individuals can report allegations of immigration fraud or abuse by completing ICE’s HSI Tip Form.

For more information on USCIS and its programs, please visit uscis.gov.

 

We serve the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.

 

26
January 2017

Oh, Boy! Is this what Trump is planning? Limiting legal immigration: “Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Programs”

Limiting legal immigration: “Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Programs”

On Tuesday, Vox was given six documents that purported to be draft executive orders under consideration by the Trump administration. The source noted that “all of these documents are still going through formal review” in the Executive Office of the President and “have not yet been cleared by the [the Department of Justice or the Office of Legal Counsel].”

Read the draft order here, https://cdn0.vox-cdn.com/uploads/chorus_asset/file/7872567/Protecting_American_Jobs_and_Workers_by_Strengthening_the_Integrity_of_Foreign_Worker_Visa_Programs.0.pdf.

A sweeping proposed order would, essentially, reduce the scope of legal immigration to the United States. It also begins to lay the administrative and policy groundwork for further legislation altering the scope of legal immigration into one that, in the words of the cover memo, “prioritizes the interests of American workers.

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One provision would reverse Obama’s extension of the duration of Optional Practical Training work visas and decision to allow the spouses of H1 guest workers to also have work permits. Another provision would undo relief Obama has granted to people eligible for green cards but unable to apply for them due to what’s known as the “three- and ten-year bars.”

Another provision calls on the Department of Homeland Security to begin “site visits” at places that employ guest workers with L-1 visas and then to expand the site-visit program to cover all employment-based visa programs within two years.

It calls on the Secretary of Labor to commission a report investigating “the extent of any injury to US workers” caused by the employment of foreign workers, on DHS to report regularly on the number of foreigners working in the United States, and to “immediately restart work on regular benefit fraud assessments for all immigration benefits categories.

24
August 2016

Changes to Visa Bulletin Allow for Early Filing

On September 9, 2015, the Department of State and USCIS jointly announced new procedures that will allow individuals who are stuck in the family-based and employment-based immigrant visa backlogs to start their immigrant visa paperwork or apply for adjustment of status before their priority date becomes current and an immigrant visa becomes immediately available.

Update: On September 25, 2015, the Department of State published a revised Visa Bulletin for October, rolling back the “Dates for Filing” for several visa categories. This “Revised September 25, 2015” Visa Bulletin supersedes the previous Visa Bulletin for October, which was published on September 9, 2015.

Please note that the following “Dates for Filing” have changed:

Category (9/9/15)
Filing Date		 NEW (9/25/15)
Filing Date		 Difference
EB-2 China 5/1/2014 1/1/2013 1 year, 5 months
EB-2 India 7/1/2011 7/1/2009 2 years
EB-3 Philippines 1/1/2015 1/1/2010 5 years
FB-1 Mexico 7/1/1995 4/1/1995 3 months
FB-3 Mexico 10/1/1996 5/1/1995 1 year, 5 months

Therefore, individuals who fall under the above-referenced categories will only be permitted to file for adjustment of status in the month of October if they have a priority date that is earlier than the NEW Filing Date listed in the revised September 25, 2015 Visa Bulletin.

Beginning with the October Visa Bulletin, there are now two charts listing dates for each preference category and country of chargeability: (1) An “Application Final Action Dates” chart (“Final Action Date”); and (2) a “Dates for Filing Applications” chart (“Filing Date”). USCIS has also issued a fact sheet describing the new procedures. Previously, the Visa Bulletin only listed a single chart of cut-off dates, which was the same as the newly labeled “Final Action Date” chart. These changes will impact immigrant visa applicants and adjustment of status applicants as follows:

  • Immigrant Visa Applicants (Consular Processing): Individuals with priority dates earlier than the date listed on the “Filing Date” chart for their preference category and country of chargeability will be notified by the National Visa Center that they may assemble and submit their documentation and begin the immigrant visa application process. However, a final decision on the immigrant visa application cannot take place until the priority date is current (i.e., is earlier than the “Final Action Date”).
  • Adjustment of Status Applicants: Individuals who are in the United States and are eligible for adjustment of status must use the “Final Action Date” chart to determine when they may submit their applications for adjustment of status, unless the Visa Bulletin indicates that they may instead use the “Filing Date” chart. The early “Filing Date” chart may only be used by adjustment applicants if USCIS determines there are sufficient immigrant visas available to support the filing of additional adjustment applications beyond that which would be received under the “Final Action Date” chart.

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  • The October 2015 Visa Bulletin permits both family- and employment-based immigrants to use the “Filing Date” chart to file adjustment of status applications with USCIS for the month of October. Thus, individuals who have a priority date earlier than the “Filing Date” cut-off for the month of October may submit an adjustment of status application in October. These individuals will also be able to obtain employment authorization and advance parole as an adjustment applicant. However, please note that there is no guarantee that adjustment applicants will be able to benefit from the earlier “Filing Date” chart in any given month moving forward.

Of particular note:

  • The “Filing Date” for most of the family-based categories is less than 1 year and up to around 2 years earlier than the “Final Action Date,” with the exception of F-1 Philippines with a difference of 4+ years, and F-3 Mexico with a difference of 2+ years.
  • The employment-based categories most impacted by the October Visa Bulletin are:
    • EB-2 India: Final Action Date = 5/1/05; Filing Date = 7/1/11
    • EB-3 Philippines: Final Action Date = 1/1/07; Filing Date = 1/1/15
    • EB-2 China: Final Action Date = 1/1/12; Filing Date = 5/1/14
    • EB-3 China: Final Action Date = 10/15/11; Filing Date = 10/1/13

 

 

18
August 2016

Visa Bulletin Progress and Projections from the Department of State-August 2016-Family Based

Family-Based Projections.

There are some favorable modifications to last month’s predictions for September in the family-based categories. The final action dates for F-2A and F-4 might require retrogression in September, an increase in returned unused visa numbers in July, and weak demand for these categories has allowed DOS to hold these dates for the remainder of the fiscal year.

Visa Bulletin Progress and Projections from the Department of State is a series of monthly reports from the AILA DOS Liaison Committee designed to keep members informed of Visa Bulletin progress and projections. Immediately following publication of each month’s Visa Bulletin, AILA will “check-in” with Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, to obtain his analysis of current trends and future projections for the various immigrant preference categories. Through these discussions, it is hoped that Charlie will provide us with additional insight, beyond the basic visa availability updates that are provided in the monthly Visa Bulletin.

Consistent with previous predictions last month, F-4 Worldwide advanced slightly. There were also minor advances in all of the family Worldwide categories, and all of the F-2B categories with the exception of F-2B Mexico. F-3 and F-4 Mexico and F-3 and F-4 Philippines also crept slightly ahead to close out the fiscal year.

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As noted in prior columns, the family-based categories tend to advance more consistently as the majority of demand in these categories materializes at consular posts. While we expect movements into the next fiscal year to also remain relatively steady, DOS will continue to comply with the Administration’s Visa Modernization Proposal by advancing the dates as aggressively as possible in the first three quarters of the fiscal year. While doing so helps to ensure that number use is maximized, it also results in few numbers being available for use in the final quarter, which can cause retrogressions, such as those experienced in the F-4 China and India preference categories.

Filing Dates.

As we approach the one year anniversary of the new Visa Bulletin format, There are no predictions in terms of “filing dates” as DOS had not yet met with the CIS Ombudsman’s Office at the time of this discussion. Stay tuned for the October Visa Bulletin!

 

 

 

 

18
August 2016

Visa Bulletin Progress and Projections from the Department of State-August 2016-Employment Based

August 12, 2016

 

The infusion of FY 2017 visa numbers will make EB-4 India and EB-4 Mexico current in October. The final action date for EB-4 El Salvador/Guatemala/Honduras should move to a date sometime in the summer of 2015, and possibly beyond. Given the high applicant demand in this category for El Salvador relative to the other two countries, it is possible that we will see a more advanced final action date for Guatemala and Honduras.

Visa Bulletin Progress and Projections from the Department of State is a series of monthly reports from the AILA DOS Liaison Committee designed to keep members informed of Visa Bulletin progress and projections. Immediately following publication of each month’s Visa Bulletin, AILA will “check-in” with Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, to obtain his analysis of current trends and future projections for the various immigrant preference categories. Through these discussions, it is hoped that Charlie will provide us with additional insight, beyond the basic visa availability updates that are provided in the monthly Visa Bulletin.

EB-1.

It is expected that EB-1 India and EB-1 China, which both had final action cut-off dates imposed late this fiscal year, will become current again in October.

EB-2 and EB-3.

Presently, the EB-2 Worldwide final action date lags behind EB-3 Worldwide, but this should not create the same EB-3 downgrade phenomenon we have witnessed in recent years in the China EB categories. We expect EB-2 Worldwide to become current again in October. Despite the uncharacteristically low demand in EB-3 Worldwide, we do not expect it to become current. There is concern that there is demand in this category that has not yet materialized.

As predicted last month, the final action date for EB-2 China and EB-3 China will remain the same through the remainder of this fiscal year. In October, EB-2 China is expected to advance to a date in late 2011 or early 2012. EB-3 China’s final action date is expected to reach late 2012 or early 2013. Therefore, it is likely that we will once again see the EB-3 downgrade phenomenon next fiscal year, at least until the increase in EB-3 China demand generated by the downgrades levels out demand between the two categories.

In October, EB-2 India will likely move to a date in early 2007. Slow movements of a few weeks at a time are anticipated for EB-3 India, which is likely to remain at a 2005 date in October. EB-3 India is the last category in which there is still strong visibility (from the summer 2007 adjustment of status filings) into pre-adjudicated demand. As a result, there has not been any erratic movement in the final action date for this category in recent years.

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EB-5 China.

There are no predictions at this time as to where EB-5 China dates will fall in the next fiscal year. Expect to have better information by late September to mid-October.

 

 

14
June 2016

Visa Bulletin-FAMILY-SPONSORED PREFERENCES

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

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A. APPLICATION FINAL ACTION DATES FOR
FAMILY-SPONSORED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are authorized for issuance to all qualified applicants; and “U” means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlierthan the cut-off date listed below.)

Family-
Sponsored 		All Chargeability
Areas Except
Those Listed		 CHINA-mainland
born		 INDIA MEXICO PHILIPPINES
F1 22MAR09 22MAR09 22MAR09 08MAR95 01FEB05
F2A 15NOV14 15NOV14 15NOV14 01SEP14 15NOV14
F2B 08DEC09 08DEC09 08DEC09 08SEP95 01JUL05
F3 01DEC04 01DEC04 01DEC04 22OCT94 01MAR94
F4 08SEP03 01JAN03 01JAN01 15APR97 01JAN93

*NOTE: For July, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01SEP14. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01SEP14 and earlier than 15NOV14. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

B. DATES FOR FILING FAMILY-SPONSORED
VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which isearlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS.

Family-
Sponsored 		All Chargeability
Areas Except
Those Listed		 CHINA-
mainland
born		 INDIA MEXICO PHILIPPINES
F1 01OCT09 01OCT09 01OCT09 01APR95 01SEP05
F2A 15OCT15 15OCT15 15OCT15 15OCT15 15OCT15
F2B 15DEC10 15DEC10 15DEC10 15MAY96 01JAN06
F3 01AUG05 01AUG05 01AUG05 01MAY95 01AUG95
F4 01MAY04 01MAY04 01MAY04 01JUN98 01APR93

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

We serve the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.

 

 

25
May 2016

Less than One Week Away, the June Visa Bulletin Diversity Visas are Ready to Use

DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF JUNE

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2016 annual limit to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

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For June, immigrant numbers in the DV category are available to qualified DV-2016 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 34,400
ASIA 8,000 Except:
Nepal: 6,200
EUROPE 34,000
NORTH AMERICA (BAHAMAS) 10
OCEANIA 1,100
SOUTH AMERICA,
and the CARIBBEAN		 1,175

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2016 program ends as of September 30, 2016. DV visas may not be issued to DV-2016 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2016 principals are only entitled to derivative DV status until September 30, 2016. DV visa availability through the very end of FY-2016 cannot be taken for granted. Numbers could be exhausted prior to September 30.

 

THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JULY

For July, immigrant numbers in the DV category are available to qualified DV-2016 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 43,825
ASIA 10,550 Except:
Nepal: 6,725
EUROPE CURRENT
NORTH AMERICA (BAHAMAS) CURRENT
OCEANIA CURRENT
SOUTH AMERICA,
and the CARIBBEAN		 CURRENT

 

 

25
May 2016

The Future of Immigration Law…..

Iis published each and every month on approximately the 10th of the preceeding month and we call it the VISA BULLETIN, find out more here or contact our office below.

 

 

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This bulletin summarizes the availability of immigrant numbers during the succeeding month. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by the 7th of the preceeding month. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

23
May 2016

Practice Pointer: When to File STEM OPT Extensions

Optional Practical Training (OPT) for F-1 students is limited to 12 months and must be completed within 14 months of the student’s graduation. However, some students may be eligible for an additional 17 months of OPT following the initial 12-month period based on a STEM (Science, Technology, Engineering, Mathematics) extension. A student may be eligible for a 17-month STEM extension if the student’s employer is enrolled in E-Verify and agrees to report the student’s departure within 48 hours. (See 8 CFR §214.2(f)(10)(ii)(C).

 

The STEM subject must be in the major or dual-major of the student’s most recent degree received. It also is important to remember that the F-1 student may request the 17-month STEM extension up to 120 days prior to the end of post-completion OPT and employment authorization will be automatically extended for a period of 180 days. However, the student must ensure that the Form I-765, Application for Employment Authorization for the STEM extension, is received by USCIS before the expiration of the current OPT period. USCIS recommends filing the STEM extension between 90 and 120 days prior to the expiration of the student’s current OPT. (See SEVP Policy Guidance 1004-03 9 Apr. 23, 2010).

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SEVP guidance also provides that a student may apply for the 17-month STEM extension during the cap gap extension of OPT. In such a situation, the H-1B petitioner must request the withdrawal of the approved or pending H-1B petition in time for USCIS to effectively accept the withdrawal prior to the October 1st start date so that the student’s status does not change to H-1B.

 

(this information is provided courtesy of AILA)