Visa Lawyer Blog

Articles Posted in First Time Clients

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We are excited to share with you a new self-service tool released by the U.S. Citizenship and Immigration Services (USCIS).

Beginning on June 28th USCIS has announced that biometrics service appointments can be rescheduled online using your myUSCIS online account.

Benefit requestors, attorneys, and accredited representatives will be able to take advantage of this new service so long as rescheduling of biometrics is done BEFORE the date of the scheduled biometrics appointment.

This will provide a great advantage to the public by reducing the burdens on the USCIS Contact Center and improve efficiency.

Before this announcement, benefit requestors and accredited representatives could only request to reschedule a biometric services appointment by calling the USCIS Contact Center.

With this new tool, those individuals who already have a myUSCIS online account or those who create an online account can reschedule most requests for biometric services appointments without having to call the Contact Center, regardless of whether their pending case was submitted online or by mail.

The new tool, however, cannot be used to reschedule an appointment that already has been rescheduled two or more times, is within 12 hours, or that has already passed.

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As we celebrate this great country on the 4th of July, may we remember our blessings of living in a free country where we are all created equal. Warm wishes to you and yours on this Fourth of July!

In observance of the Independence Day holiday our offices will be closed Monday July 3rd and Tuesday July 4th. We will return to our normal business hours on Wednesday July 5th. We look forward to serving you.

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We are happy to inform our readers that U.S. Immigration and Customs Enforcement (ICE) has launched a new online change of address form for noncitizens.

What is the online change of address form?

This new form gives noncitizens the option to update their information online instead of having to do so by phone or in-person.

To process an online change-of-address, the system requires a full name, A-number, and validated non-commercial address. It takes approximately one minute to complete the form.

This tool will make it easier for noncitizens to comply with their immigration obligations and improve the accuracy of address information reported to Immigration and Customs Enforcement (ICE) by utilizing address autofill to ensure U.S. Postal Service standardization.

Reporting a Change of Address with USCIS

As a reminder, all noncitizens in the United States, except A and G visa holders and visa waiver visitors, must also report a change of address to USCIS within 10 days of relocating.

You may change your address with USCIS online here.

Reporting a Change of Address with Immigration Court

Once a noncitizen has entered a valid mailing address, if they are currently in removal proceedings pursuant to Section 240 of the Immigration and Nationality Act (INA), the interactive online system will provide the noncitizen with information on how to also change their address with the immigration court as required, using the Executive Office for Immigration Review’s (EOIR) Form EOIR-33, Change of Address/Contact Information. Form EOIR-33 can be submitted by mail, in-person at the immigration court, or online through EOIR’s Respondent Access.

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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?

  • “Skilled workers” are defined as persons whose jobs require a minimum of 2 years training or experience, that is not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job offer. Relevant post-secondary education may be considered as training.
  • “Professionals” are defined as persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.
  • The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

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The news you have been waiting for is finally here. The U.S. Citizenship and Immigration Services (USCIS) has announced the expansion of premium processing for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, and seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status.

For the first time ever, USCIS will also allow the online filing of Form I-907, Request for Premium Processing Service, for these applicants.

When can I request Premium Processing service?

IMPORTANT: applicants may not request premium processing before the dates indicated below

The expansion of premium processing service for certain Form I-539 applicants will occur in two phases as follows:

  • Starting tomorrow Tuesday June 13, 2023, USCIS will accept Form I-907 requests, filed via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, who have a pending Form I-539, Application to Extend/Change Nonimmigrant Status.
  • Starting Monday June 26, 2023, USCIS will accept Form I-907 requests, filed either via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, when filed together with Form I-539.

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Certain types of nonimmigrants will be expected to shell out more money for the nonimmigrant visa process.

The State Department has announced that starting June 17, 2023, nonimmigrant visa (NIV) application processing fees for visitor visas for business or tourism (B1/B2s and BCCs), and other non-petition based nonimmigrant visas such as student and exchange visitor visas (F, M, and J visas), will increase from $160 to $185.

Additionally, processing fees for certain petition-based nonimmigrant visas for temporary workers (H, L, O, P, Q, and R categories) will increase from $190 to $205.

Fees for a treaty trader, treaty investor, and treaty applicants in a specialty occupation (nonimmigrant E category) visa will also increase from $205 to $315.

What if I pay my nonimmigrant visa fee prior to June 17, 2023?

In this case you are in luck. Nonimmigrant visa fees paid prior to June 17, 2023, will remain valid through the expiration date on your nonimmigrant visa fee payment receipt.

Why the increase?

The Department of State has said that nonimmigrant visa fees are set based on the actual cost of providing nonimmigrant visa services and are determined after conducting a study of the cost of these services.

The agency uses Activity-Based Costing (ABC) methodology to calculate, annually, the cost of providing consular services, including visa services.

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It’s that time of the month again. Time to share the latest trends and projections of the July Visa Bulletin!

To help you prepare for your upcoming immigrant visa or green card filing, in this blog post, we share what you can expect to see in the upcoming month’s visa bulletin for family-sponsored and employment-based preference categories.

Here are some of the highlights from the July 2023 Visa Bulletin

Employment-based categories

  • EB-3 India will retrogress by more than 3.5 years to January 1, 2009. EB-3 for all countries except China will retrogress by 4 months to February 1, 2022.
  • EB-1, EB-2, and EB-5 cutoff dates will remain the same in July as before.
  • Dates for Filing cutoff dates in the employment-based categories remain the same as June.

Family-sponsored categories

Dates for Filing cutoff dates – Advancements in July:

  • F-1 Mexico will advance by 1 month to January 1, 2003 from December 1, 2002
  • F-1 China, India, World will advance by 8 months to September 1, 2017 from January 1, 2017
  • F2B Mexico will advance by 3 months to April 1, 2002 from January 1, 2002
  • F3 China, India, World will advance by 3 weeks to March 1, 2010 from February 8, 2010
  • F4 China and World will advance by 1 month to March 1, 2008 from February 1, 2008
  • F4 Mexico will advance by 2 weeks to April 15, 2001 from April 1, 2001

Final Action cutoff dates – Advancements in July:

  • F1 Mexico will advance by 3 weeks to April 22, 2001, from April 1, 2001
  • F2B Mexico will advance by 2 months to August 1, 2001, from June 1, 2001
  • F3 China, India, World will advance by 2 weeks to December 22, 2008, from December 8, 2008
  • F3 Mexico will advance by 2.5 months to January 15, 1998, from November 1, 1997
  • F4 China and World will advance by 2 weeks to April 22, 2007, from April 8, 2007

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 July 2023

The U.S. Citizenship and Immigration Services (USCIS) has not yet published guidance regarding the appropriate chart to use for adjustment of status filings in the month of July. Once the announcement is made, USCIS will indicate whether they will accept adjustment of status applications based on the Final Action Dates chart or the Dates for Filing chart. As soon as we have that information, we will provide it in this blog post.

You may also find the information here once it is published:

July 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 July 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 July:

  • EB-1: All countries will remain current, except for India and China, which will have a cutoff date of February 1, 2022
  • EB-2: India will remain at January 1, 2011. China will remain at June 8, 2019. All other countries will remain at February 15, 2022
  • EB-3 Professionals and Skilled Workers: India will retrogress by 3.5 years to January 1, 2009, and China will remain at April 1, 2019. All other countries will retrogress by four months to February 1, 2022.
  • EB-3 Other Workers: India will retrogress by 3.5 years to January 1, 2009, China will remain at September 1, 2015. All other countries will remain at January 1, 2020.
  • EB-4: All countries will remain at September 1, 2018.
  • EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), China will remain at September 8, 2015, and India will remain at April 1, 2017. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

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The Department of State raised eyebrows earlier this month when it released information that it will be reducing the waiting period for 221(G) “administrative processing,” in an effort to process visas more efficiently.

While this is welcome news, in practice it may not mean much. Consulates and Embassies have been notoriously secretive when it comes to 221(G) administrative processing and do not reveal the reason for a visa applicant being placed in administrative processing in the first place, nor the type of security checks that are being conducted.

What is 221(G) Administrative Processing?

First, let’s explain what administrative processing is. When an applicant visits a U.S. Consulate or Embassy overseas for their visa interview, there are only two possible outcomes that can occur at the conclusion of their interview. The Consular Officer may choose to either issue or “refuse” the visa. A refusal is not the same as a denial. It simply means that the visa applicant has not established his or her eligibility for the visa they are seeking for the time being, and the Consulate needs additional time or requires further information either from the visa applicant or another source to determine the applicant’s eligibility for the visa.

In most cases, visa applicants who have been “refused” will require further administrative processing.

How will I know if I have been placed in 221(G) administrative processing?

Visa applicants placed in administrative processing are often given what is called a “Notice of 221(G) Refusal” at the conclusion of their interview, which states that the visa application has been “refused” under section 221(G) of the Immigration and Nationality Act. The Notice should indicate whether additional administrative processing is required for your case, and whether any further action is required on your part, such as providing additional documentation or further information to process your visa.

However, in some cases visa applicants are not given such a Notice and will later discover that they have been placed in 221(G) administrative processing upon checking their visa status on the Consular Electronic Application Center (CEAC) visa status check webpage.

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In this blog post, we alert our readers to a new broadcast message issued by U.S. Immigration and Customs Enforcement (ICE).

Earlier this year, the U.S. Department of State (DOS) provided updated guidance explaining that Consular officers have the authority to issue F or M student visas for up to 365 days in advance of an international student’s program start date.

However, in its broadcast ICE has clarified that this new guidance DOES NOT change the requirement for issuing Forms I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” in the Student and Exchange Visitor Information System (SEVIS), nor paying the I-901 SEVIS Fee, nor regulations governing admission into the United States.

Despite the advance issuance of an F or M visa, ICE clarifies that students can only enter the United States 30 days before their program start date as listed on their Form I-20 Certificate of Eligibility for Nonimmigrant Student Status.

Students who attempt to enter the United States more than 30 days before their program start date may be found inadmissible by U.S. Customs and Border Protection (CBP).

ICE notes to help ensure smooth entry into the United States, students and school officials should confirm the following prior to arrival at a U.S. port of entry:

  • Students have an active I-901 SEVIS Fee payment on the Form I-20 that they are traveling under.
  • The name of the school on the Form I-20 matches the name of the school on the visa.
  • Student financial information remains up to date in SEVIS.
  • Students do not attempt to enter the United States more than 30 days in advance of their Program Start Date.

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In this blog post we share with you the latest trends and projections of the June Visa Bulletin, and updates on visa availability for family-sponsored and employment-based preference categories.

To help you prepare for your upcoming immigrant visa or green card filing, we share what you can expect to see in the upcoming month’s visa bulletin.

Here are some of the highlights from the June 2023 Visa Bulletin:

  • For employment-based preference adjustment of status filings, USCIS will continue to use the Final Action Dates chart, as they did in May.
  • Similarly, for family-sponsored preference adjustment of status filings, USCIS will continue to use the Dates for Filing chart, as they did in May.
  • For the month of June, EB-1 and EB-2 cutoff dates will remain the same for all countries.
  • For EB-3 cutoff dates for all countries and categories will remain the same, with the exception of China “Other Workers,” advancing slightly.
  • Future retrogressions are expected for EB-3 India in the coming months including Professional/Skilled Workers, as well as July 2023.

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.

To be eligible to file an employment-based adjustment of status application in June 2023, foreign nationals must have priority dates that are earlier than the Final Action Dates chart of the Department of State’s May Visa Bulletin.

Family-sponsored applicants currently residing in the United States, may file for adjustment of status once their priority dates become current, following the Dates for Filing chart according to the adjustment of status filing guidance published by the U.S. Citizenship and Immigration Services (USCIS).

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