We are excited to report that the Diversity Visa (DV) annual lottery registration period is now open for fiscal year (FY) 2025!
Online registration opened yesterday, October 4, 2023, at noon EST and will remain open until Tuesday, November 7, 2023, at noon EST. Registration is free to all registrants (only one registration per person is allowed) and is accessible online at dvprogram.state.gov.
Highlights
The long-awaited news is finally here. The Department of State has announced the designation of Israel into the Visa Waiver Program (VWP) effective November 30, 2023.
Beginning on that date, citizens and nationals of Israel will be able to apply to travel to the United States for tourism or business purposes for up to 90 days, without first obtaining a U.S. visa by applying on the Electronic System for Travel Authorization (known as ESTA). ESTA travel authorizations are generally valid for two years upon issuance.
Israeli citizens with valid B1/B2 visas may continue to use them for business and tourist travel to the United States.
The move will also benefit U.S. Citizens, considering that Israel has updated its travel policies to allow all U.S. citizens to request entry to Israel for up to 90 days for business, tourism, or transit without obtaining a visa. Israel has also granted Palestinian-Americans both living in the West Bank and the United States, the ability to enter Israel visa free, and fly in and out of Ben Gurion airport without restrictions.
Israel will join 40 other countries in becoming part of the Visa Waiver Program.
In the announcement, Secretary of Homeland Security Alejandro N. Mayorkas remarked, “This designation, which represents over a decade of work and coordination between the United States and Israel, will enhance our two nations’ collaboration on counterterrorism, law enforcement, and our other common priorities. Israel’s entry into the Visa Waiver Program, and the stringent requirements it entails, will make both of our nations more secure.”
In this blog post, we summarize the movement of the family-sponsored and employment-based preference categories of the October Visa Bulletin.
This information will be helpful to those applying for an immigrant visa at a U.S. Consulate overseas, and those applying for adjustment of status to permanent residence in the United States.
Overview
What is the Visa Bulletin?
The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories. The purpose of the visa bulletin is to inform immigrants who are subject to the numerical quota system of when they are eligible to apply for an immigrant visa or adjustment of status application. Applicants can determine their place in line by looking at the priority date on their underlying immigrant petition. Applicants with a priority date that is “current” on the Visa Bulletin can move forward with the immigration process, because that means a visa number is available to them.
What are the preference categories that are subject to the numerical limitations?
The Family Sponsored Preference Categories and their annual limits are as follows:
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:
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.
Want to know what’s going on in the world of immigration? Then you won’t want to miss these brand-new updates from the U.S. Department of State.
Digital Visa Authorization – New Concept
The State Department’s Bureau of Consular Affairs has revealed that the agency is floating the idea of providing a digital visa authorization (DVA) for immigrant and nonimmigrant U.S. visa applicants applying at U.S. Embassies and Consulates overseas. The digital visa authorization (DVA) would replace the need for printing traditional U.S. visas inside foreign passports.
The agency will conduct an experimental pilot testing the digital visa concept at the U.S. Embassy in Dublin, Ireland, which will issue limited digital visa authorizations for a small number of K-1 (fiancé(e)) visas as they are single-entry (single use) visas. Such K-1 visas will only be issued to those who plan to travel directly to the United States from Dublin.
If the pilot is successful, the agency may extend digital visa authorizations to other visa classes and additional posts in the future.
The U.S. CBP Document Validation program will digitally notify airlines when a traveler has valid travel credentials, including a DVA.
Why is the pilot being tested in Dublin?
According to the State Department, “U.S. Embassy Dublin is an ideal location to conduct [the] initial DVA proof of concept thanks to our historically strong partnership with the Irish government, the ingenuity of the consular section at [the] embassy there, the presence of U.S. Customs and Border Protection (CBP) pre-clearance procedures at Dublin Airport, and the participation of airlines flying out of Dublin directly to the United States who are already enrolled in CBP’s Document Validation program.”
More information will be provided as the digital visa authorization program is being developed.
The U.S. Citizenship and Immigration Services (USCIS) recently announced the reopening of an international field office in Havana, Cuba.
The Havana office will assist with U.S. immigration benefits and services, including conducting interviews, processing cases for pending Cuban Family Reunification Parole (CFRP) requests, and Form I-730, Refugee/Asylee Relative Petitions, and other limited appointment-only services such as collecting biometrics for U visa applications.
Services at the Havana Field Office will be available by appointment only. USCIS has updated the USCIS International Immigration Offices page with more information about services and appointments available at the Havana Field Office.
Secretary of Homeland Security Alejandro Mayorkas said that the decision to reopen the Havana Field Office was made to, “reduce unlawful entries, deny resources to ruthless smuggling organizations, and streamline access to lawful, safe, and orderly pathways for those seeking humanitarian relief.”
This move marks a restoration of American relations in Cuba. During the Trump administration, the Havana Field Office was closed, following the suspension of operations in 2017 after the U.S. Department of State ordered all non-essential personnel and families to depart Cuba.
On June 9, 2022, the Biden administration announced it would be resuming operations under the Cuban Family Reunification Parole (CFRP) program, to provide a safe, orderly pathway for certain Cuban beneficiaries of approved family-based immigrant petitions (Form I-130) to wait in the United States for their immigrant visas to become available.
We start the week with great news for Cuban and Haitian nationals.
On August 10, 2023, the Department of Homeland Security announced new publications in the Federal Register introducing changes to the Cuban and Haitian Family Reunification Parole processes.
The FRP program allows eligible Cuban and Haitian nationals to seek parole into the United States for the purpose of reuniting with their family members while they wait for their immigrant visas to become available to apply for adjustment of status to lawful permanent residence.
In this blog post, we summarize the movement of the family-sponsored and employment-based preference categories of the September Visa Bulletin.
This information will be helpful to those applying for an immigrant visa at a U.S. Consulate overseas, and those applying for adjustment of status to permanent residence in the United States.
Overview
What is the Visa Bulletin?
The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories. The purpose of the visa bulletin is to inform immigrants who are subject to the numerical quota system of when they are eligible to apply for an immigrant visa or adjustment of status application. Applicants can determine their place in line by looking at the priority date on their underlying immigrant petition. Applicants with a priority date that is “current” on the Visa Bulletin can move forward with the immigration process, because that means a visa number is available to them.
What are the preference categories that are subject to the numerical limitations?
The Family Sponsored Preference Categories and their annual limits are as follows:
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:
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.
The Employment-Based Preference Categories and their annual limits are as follows:
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.
In this blog post, we share with you an important announcement from the U.S. Customs and Border Protection’s Carrier Liaison Program.
The agency has announced that certain nationals participating in the Visa Waiver Program (VWP), who have been physically present in Cuba, or who are dual nationals of Cuba and a country participating in the Visa Waiver Program, will be ineligible to gain admission to the United States using the Electronic System for Travel Authorization also known as ESTA.
According to CBP, beginning January 12, 2021, the Department of State designated Cuba as a State Sponsor of Terrorism, causing the above-mentioned individuals to become ineligible for travel to the United States under the Visa Waiver Program.
Later, on July 6th the Department of Homeland Security updated its Electronic System for Travel Authorization (ESTA) online application and mobile application to reflect these changes.
Why has this happened?
The Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (“the Act”) makes nationals of Visa Waiver Program (VWP) countries who have been present in a country designated as a State Sponsor of Terrorism (SST), as well as those who are dual nationals of both a VWP country and a country designated as an State Sponsor of Terrorism at the time of applying for an Electronic System for Travel Authorization (ESTA), ineligible for travel to the United States under the Visa Waiver Program.
Since Cuba has been named a State Sponsor of Terrorism, these restrictions will now be enforced against nationals participating in the VWP program who have been present in Cuba or are dual nations of Cuba and a VWP country.
We are happy to report that the August Visa Bulletin has been released!
As we do every month, we share what you can expect to see in the upcoming month’s visa bulletin for family-sponsored and employment-based preference categories to help you prepare for your immigrant visa filing at a U.S. Consulate overseas, or your green card filing for those residing in the United States.
Highlights of the August 2023 Visa Bulletin
Employment Based Categories
Final Action cutoff dates – Retrogressions in August:
Family-sponsored categories
Dates for Filing cutoff dates – Advancements in August:
What is the Visa Bulletin?
The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories.
Adjustment of Status Filing Chart August 2023
The U.S. Citizenship and Immigration Services (USCIS) has published guidance indicating that USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s August 2023 Visa Bulletin.
For family-sponsored filings, USCIS will accept adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s August 2023 Visa Bulletin.
You may also find the Adjustment of Status USCIS Filing Charts here:
August 2023 Visa Bulletin Dates for Filing Cutoff Dates
Employment-Based Categories
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s August 2023 Visa Bulletin, the following Final Action cutoff dates will apply for employment-based categories, which will determine whether an adjustment of status application can be filed with USCIS in the month of August:
Readers of the July Visa Bulletin may have been surprised to learn that the final action date for the employment-based third preference category for nationals of India retrogressed by more than 3 years and 5 months from June 15, 2012 (in the June Visa Bulletin) to January 1, 2009 (in the July Visa Bulletin).
What is the Employment-Based Third Preference Category also known as EB-3?
The employment-based third preference category (or EB-3) is reserved for three types of subcategories of immigrants: skilled workers, professionals, or other workers. No matter the subcategory, immigrants must have an approved labor certification from the Department of Labor and a permanent full-time job offer from a U.S. employer.
What are the subcategories?
Visa Lawyer Blog