Visa Lawyer Blog

Articles Posted in Adjustment of Status

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In this blog post, we cover the release of the July Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of July.

The Department of State releases the visa bulletin on a monthly basis, 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.

Adjustment of Status Filing Chart July 2022

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the  Dates for Filing chart in the Department of State Visa Bulletin for July 2022.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for July 2022. 

July 2022 Visa Bulletin Final Action Cutoff Dates

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s July 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 3 months, to December 1, 2014, and China will advance by 1 month to April 1, 2019. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India and EB-3 China will remain unchanged from the previous month, at January 15, 2012 and March 22, 2018, respectively. All other countries will remain current.
  • EB–3 Other Workers: For this category, the Department of State has established a worldwide cutoff date of May 8, 2019, to avoid exceeding the annual numerical limits. EB-3 India and China will remain unchanged at January 15, 2012 and June 1, 2012, respectively.
  • EB-5: The Department of State has taken corrective action by establishing a Final Action cutoff date of November 22, 2015, for the EB-5 China Unreserved Non-Regional Center (C5 and T5) categories. It will also apply to EB-5 Unreserved Regional Center (I5 and R5) case types. EB-5 Final Action dates will remain current for all countries and for all EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure).

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Did you file an EB-2 National Interest Waiver petition on or before June 1, 2021, and still haven’t received a decision? What about an EB-1 petition as a multinational executive or manager filed on or before January 1, 2021? If so, be prepared for some exciting news!

USCIS recently announced the news we have all been waiting for. The agency will soon allow such applicants to upgrade their petition to Premium Processing Service by filing Form I-907, Request for Premium Processing Service, and paying the required filing fee.

What is this next update all about?

On May 24, 2022, USCIS released a news alert notifying the public that it will expand premium processing service for certain petitioners who have filed a pending Form I-140, Immigrant Petition for Alien Worker under the EB-1 multinational executive/managers and EB-2 NIW immigrant classifications.

Who does this update apply to?

To qualify for premium processing service, you must have applied for your I-140 either under the E13 multinational executive, E13 manager classification, or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).

Those who fall under the above categories will be eligible to upgrade their petitions by requesting premium processing service and filing Form I-907, Request for Premium Processing Service provided they filed their petitions with USCIS within a certain time period as discussed below.

When can I apply?

  • USCIS will accept premium processing service requests for E13 multinational executive and manager petitions starting June 1, 2022, but only for those E13 executive and manager petitions that were received by USCIS on or before January 1, 2021.
  • Additionally, USCIS will accept premium processing service requests for E21 National interest Waiver petitions, starting July 1, 2022, but only for those E21 NIW petitions that were received by USCIS on or before March 1, 2021.
  • Starting July 1, 2021, USCIS will also accept premium processing service requests, but only for those E13 multinational executive and manager petitions that were received by USCIS on or before March 1, 2021. 

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In this blog post, we cover the release of the June Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of June.

The Department of State releases the visa bulletin on a monthly basis, 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.

Adjustment of Status Filing Chart June 2022

USCIS has not yet released the adjustment of status filing chart for the June Visa Bulletin, but it should be available soon on the following webpage:

In this chart, USCIS will define the cutoff dates for acceptance of adjustment of status applications next month (whether adjustment of status applications will be accepted based on the Final Action dates chart, or the Dates for Filing chart).

June 2022 Visa Bulletin Final Action Cutoff Dates

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s June 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 one year, to September 1, 2014, and China will remain at March 1, 2019. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India and EB-3 China will remain unchanged from the previous month, at January 15, 2012 and March 22, 2018, respectively. All other countries will remain current.
  • EB–3 Other Workers: For this category, the Department of State has established a worldwide cutoff date of May 8, 2019, to avoid exceeding the annual numerical limits. EB-3 India and China will remain unchanged at January 15, 2012 and June 1, 2012, respectively.
  • EB-5: The Department of State has taken corrective action by establishing a Final Action cutoff date of November 22, 2015, for the EB-5 China Unreserved Non-Regional Center (C5 and T5) categories. It will also apply to EB-5 Unreserved Regional Center (I5 and R5) case types. EB-5 Final Action dates will remain current for all countries and for all EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure).

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Welcome back to Visalawyerblog! New developments are underway by the U.S. Citizenship and Immigration Services (USCIS) to improve the way the agency is communicating case processing times to members of the public.

The agency recently announced new efforts to streamline information provided on its processing times webpage. For each type of immigration benefit, USCIS releases information regarding how much time it is taking the agency to process that particular application, petition, or request. Previously, processing times were estimated based on how long the agency took to approve or deny a certain percentile of forms or petitions over the prior 6-month period.

Now, USCIS has updated their webpage so that users can find the processing time information for their particular type of case, rather than seeing an aggregate of all related case types. This provides applicants with a more accurate picture of how long their particular type of case is taking to be processed.

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USCIS is about to make it a lot easier for certain noncitizens to remain employment authorized. On May 3, 2022, the agency announced a new Temporary Final Rule (TPR) that automatically extends the period of employment authorization on Employment Authorization Documents (EADs) from 180 days up to 540 total days.

The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. This new regulation became effective as of yesterday, May 4, 2022, and will be in effect until October 15, 2025. Once the regulation reaches its time limit, the automatic extension will revert to 180 days.

USCIS decided to issue this new policy to prevent employment interruptions for noncitizens that have pending EAD renewal applications with the agency (Form I-765 Application for Employment Authorization).

Who qualifies for the automatic extension?

The additional extension of up to 540 total days will be available only to renewal applicants who timely file a Form I-765 renewal application with USCIS from the period of May 4, 2022, to October 26, 2023, and who were previously eligible to receive the 180-day automatic extension.

For those who file their Form I-765 renewal application after October 26, 2023, the normal 180-day automatic extension period will apply.

You are eligible for the automatic extension if you:

  • Properly filed Form I-765 for a renewal of their employment authorization and/or EAD before their current EAD expired, and
  • Were otherwise eligible for a renewal, meaning that:
    • Their renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and
    • The Category on their current EAD matches the “Class Requested” listed on their Form I-797C Notice of Action, Receipt Notice. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status (including E-1S, E-2S, E-3S, and L-2S class of admission codes) must accompany Form I-797C when presenting proof of employment authorization to an employer for Form I-9, Employment Eligibility Verification, purposes).

Which categories are eligible?

You must be in one of the following employment eligible categories to be eligible to receive an automatic extension of up to 540 days and your renewal application must be timely filed by October 26, 2023:

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In this blog post, we cover the release of the May Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of May.

The Department of State releases the visa bulletin on a monthly basis, 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.

Adjustment of Status Filing Chart May 2022

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couple-g86465ecab_1920USCIS Updates Policy Guidance Highlighting Discretionary Power to Waive In-Person Interviews for I-751 Applicants

On April 7, 2022, the United States Citizenship, and Immigration Services (USCIS) updated its Policy Manual on the interview waiver criteria for family-based conditional permanent residents filing to remove the conditions on permanent residence on Form I-751 Removal of Conditions.

Under the law, those who attained their permanent resident status (green card) based on a marriage that was less than 2 years old at the time of approval, receive a conditional green card, also known as “conditional permanent residency.”

This conditional green card is issued for a 2-year period. Prior to the expiration of the 2-year green card, the applicant must file Form I-751 to remove their conditions on permanent residence within the 90-day window before it expires.

The Immigration and Nationality Act stipulates that a conditional permanent resident must appear for an in-person interview as part of the I-751 Removal of Conditions adjudication process, so that the immigration officer can verify the accuracy of the information included in the petition and determine whether the conditions on permanent residence should be removed.

The Act also carves out discretionary powers that allow USCIS officers to authorize waiver of the in-person interview.

The April 2022 updated Policy Guidance clarifies that USCIS officers may consider waiving an interview, if, generally, the applicant meets all eligibility requirements for removal of conditions, and the record contains sufficient evidence for approval, and there is no indication of fraud, misrepresentation, criminal bars, or such factors that would require an interview.

The Guidance also eliminates automatic referrals in cases where a conditional permanent resident obtained status by way of Consular processing.

The language of the pertinent section indicates the following:

Volume 6: Immigrants, Part I, Family-Based Conditional Permanent Residents, Chapter 3, Petition to Remove Conditions on Residence [6 USCIS-PM I.3]

CPRs who file a Form I-751 must appear for an interview at a USCIS field office, unless USCIS waives the interview requirement. USCIS officers may consider waiving the interview in cases where:

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The ongoing turmoil in Ukraine, Afghanistan, and Ethiopia has prompted the U.S. Department of State to issue new guidance regarding the possibility of filing a Form I-130 Petition for Alien Relative at U.S. Embassies and Consulates overseas for Afghan, Ethiopian, and Ukrainian immediate relatives fleeing conflict zones.

DOS has clarified that U.S. Citizens who are physically present with their Afghan, Ethiopian, or Ukrainian, immediate family members overseas, who have not yet filed the Form I-130 Petition for Alien Relative with the United States Citizenship and Immigration Services (USCIS), may do so by filing the application locally at their nearest U.S. Embassy or Consulate that processes immigrant visas.

Only U.S. Citizens impacted by the large-scale disruptive events in Afghanistan, Ethiopia, and Ukraine, are allowed to locally file Form I-130 at U.S. Embassies or Consulates overseas. It is required that the U.S. Citizen be physically present in the country where they wish to file their petition.

Who can you petition for with Local Filing?

DOS has stated that U.S. Citizens may locally file Form I-130 on behalf of their spouses, unmarried children under the age of 21, and parents, provided their relative fled:

  • Afghanistan after August 2, 2021
  • Ethiopia after November 1, 2020 or
  • Ukraine after February 1, 2022

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It is that time of the month again! In this blog post, we will cover the release of the April Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the month of April 2022.

The Department of State releases the visa bulletin on a monthly basis, 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.

Adjustment of Status Filing Chart April 2022

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the Dates for Filing Chart in the Department of State Visa Bulletin for April 2022.

For Employment-Based Preference Filings:

All applicants, except EB-5 Regional Center, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for April 2022.

April 2022 Visa Bulletin Final Action Cutoff Dates

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

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-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.

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With the developing situation in Ukraine, we offer the latest information with respect to visa options and immigration alternatives for Ukrainian nationals to consider. For an in-depth discussion and evaluation of the best visa option for you, we encourage you to contact our office for a consultation.

At the outset, we would like to clarify that U.S. immigration law can best be explained as being divided into 3 broad categories: temporary nonimmigrant visa options, permanent immigrant visa options, and special immigrant visa types.

The Department of State recently provided the following guidance to further explain the difference between these visa types. We will be dedicating a future post to the possible visa alternatives that can be explored by Ukrainians. Please review our recent blog post here for information about Temporary Protected Status for Ukrainians that have been continuously present in the United States since Tuesday March 1, 2022.

Nonimmigrant Visas

Nonimmigrant visas are for temporary stays in the United States.  They are not the appropriate tool to begin an immigrant, refugee, or resettlement process.  If you apply for a nonimmigrant visa but are unable to demonstrate intent to leave the United States after a defined period in order to return to a residence abroad, a consular officer will refuse your application.

All B1/B2 visa applicants are assumed to be intending immigrants—and therefore ineligible for a nonimmigrant visa—unless they can establish otherwise.  Nonimmigrant visa applicants may apply at any embassy or consulate where they are physically present and where appointments are available.  A full list of embassies and consulates is available here: https://www.usembassy.gov/.  As a result of the COVID-19 pandemic, applicants may face extended visa interview wait times at some Embassies and Consulates.  Appointment wait times are available at U.S. Visas (state.gov).  Once an interview appointment is made, applicants will have the ability to request an expedited appointment but must describe the unique circumstances that justify such a request.

Immigrant Visas

Immigrant visas are for foreign nationals who intend to live and/or work permanently in the United States.  In most cases, a relative or employer sponsors the individual by filing a petition with U.S. Citizenship and Immigration Services (USCIS).  Further information on immigrant visas can be found here:  https://travel.state.gov/content/travel/en/us-visas/immigrate.html.

At which Consular Post, can I apply for an Immigrant Visa?

Newly Scheduled Immigrant Visa Appointments:  The U.S. Consulate General Frankfurt, Germany, is the designated processing post for all Ukrainian immigrant visa applications except adoption cases.  All newly scheduled immigrant visa cases will be slated for appointments at the U.S. Consulate General in Frankfurt, Germany.  Adoption cases are being handled at U.S. Embassy Warsaw, Poland.

I have a pending I-130 with USCIS, can I ask for faster processing?

Requesting Expedited Processing of I-130 Petitions:  If you filed a Form I-130 petition with USCIS and it has not yet been approved, you may inquire with USCIS regarding expedition of the application. USCIS has clear criteria outlined on its webpage listing the requirements to apply for an expedite. You may wish to seek the guidance of an experienced attorney to determine if you qualify for an expedite request: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request.

There is also a USCIS help line if you are an active U.S. military member: https://www.uscis.gov/military/military-help-line.

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