Visa Lawyer Blog

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We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the December Visa Bulletin. Unfortunately, the December Visa Bulletin brings almost no movement.

USCIS Adjustment of Status

For employment-based and family-sponsored preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of December.

Highlights of the December 2024 Visa Bulletin

At a Glance

What can we expect to see in the month of December?

Employment-Based Categories

  • The Final Action Date for India EB-2 will advance by two weeks to August 1, 2012
  • The Final Action Date for India EB-3 will advance by one week to November 8, 2012
  • All other employment-based Final Action Dates and Dates for Filing will remain the same in December as the previous month

Family-Sponsored Categories

  • All family-sponsored Final Action Dates and Dates for Filing will remain the same in December as the previous month

For more details, please see our analysis of the December 2024 Visa bulletin below.

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s December 2024 Visa Bulletin, the following Final Action cutoff dates will apply for employment-based categories in the month of December.

  • No change from previous month, except for EB-2 India and EB-3 India

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 India will remain at February 1, 2022
  • EB-1 China will remain at November 8, 2022
  • EB-1 All other countries will remain current

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by two weeks to August 1, 2012
  • EB-2 China will remain at March 22, 2020
  • EB-2 All other countries will remain at March 15, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by one week to November 8, 2012
  • EB-3 China will remain at April 1, 2020
  • EB-3 All other countries will remain at November 15, 2022

EB-3 Other Workers

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couple-7445474_1280Recently, the Department of State released guidance to assist U.S. Citizens petitioning for family members in Lebanon.

Here are the highlights:

  • To facilitate family reunification, full immigrant visa processing has resumed for Lebanese family members of U.S. citizens, at the U.S. Embassy in Beirut.
  • Routine nonimmigrant visa processing is not yet available. Individuals may apply for a nonimmigrant visa at any U.S. embassy or consulate.

Immigrant Visa Information

The National Visa Center (NVC) will directly email petitioners, beneficiaries, and representatives of spouses, children under 21, and parents of U.S. citizens with approved I-130 petitions to provide an immigrant visa interview appointment date and instructions.  Applicants must check their email for updates.

Immigrant visa cases will continue to be processed according to the final action date published in the Visa Bulletin.  In November/December, the U.S. Embassy in Beirut will schedule visa interviews for currently eligible family preference immigrant visa cases and nonimmigrant Fiancé (K-1) visa cases.  

Case Transfers from Beirut to Other Embassies/Consulates

Individuals wishing to transfer their immigrant visa case from the U.S. Embassy in Beirut to another U.S. embassy or consulate may contact NVC via the Public Inquiry Form and in the “Enter Your Inquiry Below” box, include:

    • The U.S. embassy or consulate where they would like their case transferred; and
    • Likely dates of travel and preferred date for a new appointment.

Applicants must arrange their own travel to an alternate embassy or consulate for their visa appointment, including complying with any visa requirements for entering that country to attend their visa appointment.

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interview-6956089_1280-1In this blog post, we discuss the release of the Department of State’s October 2024 Immigrant Visa Backlog report.

This is a monthly publication that provides data and statistics regarding the number of immigrant visa cases currently at the National Visa Center waiting for interviews, documentarily complete cases that have been scheduled for visa interviews, and those that are still awaiting visa interviews.

We also compare the increase in the backlog from September to October 2024.

According to the National Visa Center’s Immigrant Visa Backlog Report for the month of October 2024, there has been a modest decrease in the immigrant visa (IV) backlog from 385,800 pending cases in September to 363,242 cases in October — nearly a 5.8% decrease in the backlog.  

Additionally, when comparing the September and October Immigrant Visa backlogs, we can see that the number of immigrant visa applicants whose cases were declared documentarily complete and ready to be scheduled for interviews decreased by 17,846 cases, from 431,110 (in September) to 413,264 (in October).

Additionally, 50,022 applicants whose cases were documentarily complete were scheduled for interviews in the month of October (in comparison to just 45,310 in September).

  • A case is considered documentarily complete by the National Visa Center, when the applicant has paid all necessary fees and submits all necessary documents to meet the formal visa application requirements, such that the case is ready to be scheduled for a visa interview. When a case becomes documentarily complete, the NVC sends applicants an email to notify them that their case is complete and pending scheduling at the local Consulate or Embassy.

September 2024 Immigrant Visa Backlog Report

Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of August 31 431,110
Number of documentarily complete IV applicants scheduled for September 2024 interview appointments 45,310
Number of eligible IV applicants still pending the scheduling of an interview after September 2024 appointment scheduling was completed 385,800

October 2024 Immigrant Visa Backlog Report

Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of September 30 413,264
Number of documentarily complete IV applicants scheduled for October 2024 interview appointments 50,022
Number of eligible IV applicants still pending the scheduling of an interview after October 2024 appointment scheduling was completed 363,242

 Note: In Calendar Year 2019 on average, 60,866 applicants were pending the scheduling of an interview each month.

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learn-6874566_1280Today the U.S. Department of State’s Bureau of Consular Affairs published the October Visa Bulletin. In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of October.

For family-sponsored preference categories, USCIS will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of October.

Highlights of the October 2024 Visa Bulletin

At a Glance

What can we expect to see in the month of October?

Employment-Based Categories

  • The Final Action date for China EB-3 Professionals and Skilled Workers will retrogress by five months, to April 1, 2020. The Date for Filing will retrogress by almost 8 months, to November 15, 2020.
  • The Final Action date for EB-3 Professionals and Skilled Workers Worldwide will advance by almost two years, to November 15, 2022. The Date for Filing will advance by one month, to March 1, 2023.
  • The Final Action date for China EB-5 Unreserved will advance by seven months, to July 15, 2016. The Date for Filing will retrogress by three months, to October 1, 2016.
  • The India EB-5 Unreserved Final Action date will advance by more than one year, to January 1, 2022. The Date for Filing will remain at April 1, 2022.

Family-Sponsored Categories

Final Action

  • F1 Mexico will advance by 7.8 months to January 1, 2003
  • F2A Mexico will advance by 1.1 months to March 8, 2021
  • F2A All other countries will advance by 1 week to November 22, 2021
  • F2B Mexico will advance by 6 months to January 15, 2005
  • F3 Mexico will advance by 5.7 months to August 22, 2000
  • F4 Mexico will advance by 2 weeks to February 22, 2001
  • F4 India will advance by 1.2 months to March 1, 2006

Dates for Filing

  • F1 Mexico will advance by 6 months to October 1, 2005
  • F2B Mexico will advance by 3 months to August 1, 2005
  • F3 Philippines will advance by 6 months to May 8, 2004
  • F3 All other countries will advance by 5.9 months to July 1, 2011
  • F4 Philippines will advance by 4 months to August 1, 2006

Now let’s dive into our analysis of the October 2024 Visa bulletin. 

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portugal-1355102_1280As of April 23, 2024, Portugal has joined the coveted list of countries eligible to participate in the E-2 Treaty Investor program via the passage of the Advancing Mutual Interests and Growing Our Success (AMIGOS) Act.

E-2 nonimmigrant visas are reserved for investors who are nationals of a treaty country. To qualify, an investment must be made into a U.S. company, the investor must hold at least 50% of the ownership interests, and the company must meet the E-2 visa requirements.

The E-2 visa is a very popular visa because there is no limit to the number of times the visa can be renewed, and it allows the company to sponsor other nationals of the treaty country as employees.

The addition of Portugal to the E-2 visa program presents a unique opportunity for Portuguese entrepreneurs to establish and grow their own businesses in the United States, while giving spousal dependents the opportunity to work for any employer in the United States.

It also presents an exciting opportunity for Brazilians who hold dual nationality with Portugal to participate in the program, as well as those who can obtain Portuguese citizenship through ancestry, legal residence, or by other lawful means.

Key Benefits of the E-2 visa program for Portuguese nationals

  • By law, the E-2 visa does not require any minimum investment amount and instead focuses on whether the investment is proportional based on the nature of the business. In most cases, entrepreneurs invest anywhere from $50,000 to $100,000 in their businesses.
  • E-2 treaty investor visas for Portuguese nationals are valid for five years and can be renewed indefinitely so long as the E-2 eligibility criteria are met.
  • Spouses and unmarried children under the age of 21 can apply for E-2 dependent visas to accompany the E-2 principal investor in the United States. Spouses are eligible for work authorization and can work for any employer in the United States.
  • Processing times for an E-2 visa interview at the U.S. Embassy in Lisbon can vary, but applicants can generally expect to be called for an interview approximately three months after submitting their application.  Upon approval, visas are typically issued within three to five business days.
  • Brazilians who hold dual nationality with Portugal can apply for the E-2 visa at the U.S. Consulate in Sao Paulo, the designated adjudicating post in Brazil for E-2 Treaty Country nationals.

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beach-4455433_1280In this blog post, we discuss what undocumented spouses and stepchildren of U.S. Citizens can expect after applying for Parole in Place using the new USCIS online application called Form I-131F.

What to Expect After Filing Form I-131F Parole in Place

Once you have properly submitted the Form I-131F using your myUSCIS online account, you will receive a I-797 receipt notice from USCIS by mail as proof that your application was submitted. This receipt notice will contain your receipt number which you can use to track your case on the USCIS case tracker.

Please note that the receipt notice can also be accessed on your myUSCIS portal

The Biometrics Appointment

Several weeks after filing Form I-131F, you will receive a biometrics appointment notice, which will indicate the date, time, and location where you must appear for USCIS to collect your fingerprints, photographs, and a signature.

Your biometrics information will be used to run a background check for criminal history, verify your identity and, and to prepare certain immigration documents (for example, an Employment Authorization Document also known as a work permit).

If USCIS has collected your biometrics information in the past, it is possible that they will reuse such information. If that is the case, USCIS will notify you via your myUSCIS online account and send you a notice by mail.

Receiving a Decision

Those who meet the eligibility criteria for parole in place under the Keeping Families Together program, will receive a discretionary grant of parole for a 3-year period.

As part of the decision-making process, USCIS will take into consideration various factors to determine whether a favorable exercise of discretion is warranted in your case such as:

  • Your criminal history
  • The existence of removal proceedings
  • Unexecuted final removal orders
  • The results of background checks, including national security and public safety vetting Positive and adverse factors presented
  • Any other relevant information available to or requested by USCIS.

Those who have any disqualifying criminal history or are found to be a threat to national security, public safety, or border security, may be denied for parole in place.

Factors such as pending criminal charges will make you ineligible for parole in place while the charge remains pending. Certain criminal convictions can also make you ineligible for parole in place under this process.  Please discuss any criminal records with an experienced immigration attorney before filing Form I-131F.

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interview-7695015_1280Recently, the Department of State’s National Visa Center (NVC) released the August 2024 Immigrant Visa Backlog report, which provides data and statistics of the number of documentarily complete immigrant visa cases currently at the National Visa Center waiting for interviews, documentarily complete cases that have been scheduled for visa interviews, and those that are still awaiting visa interviews.

In this post, we compare the increase in the backlog from July to August.

According to the National Visa Center’s Immigrant Visa Backlog Report for the month of August 2024, there has been a substantial increase in the immigrant visa (IV) backlog rising from 394,835 pending cases in July to 408,937 cases in August — nearly a 3.5% increase amounting to 14,102 additional cases added to the backlog in just a one-month period. 

Additionally, when comparing the July and August Immigrant Visa backlogs, we can see that the number of immigrant visa applicants whose cases were documentarily complete and therefore ready to be scheduled for interviews decreased by 23,519 cases, from 488,285 (in July) to 464,766 (in August).

  • A case is considered documentarily complete by the National Visa Center, when the applicant has paid all necessary fees and submits all necessary documents to meet the formal visa application requirements, such that the case is ready to be scheduled for a visa interview. When a case becomes documentarily complete, the NVC sends applicants an email to notify them that their case is complete and pending scheduling at the local Consulate or Embassy.

August 2024 Immigrant Visa Backlog Report

Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of July 31 464,766
Number of documentarily complete IV applicants scheduled for August 2024 interview appointments 55,829
Number of eligible IV applicants still pending the scheduling of an interview after August 2024 appointment scheduling was completed 408,937

July 2024 Immigrant Visa Backlog Report

Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of June 30 488,285
Number of documentarily complete IV applicants scheduled for July 2023 interview appointments 53,450
Number of eligible IV applicants still pending the scheduling of an interview after July 2023 appointment scheduling was completed 394,825

Note: In Calendar Year 2019 on average, 60,866 applicants were pending the scheduling of an interview each month.

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On May 13, 2024, the State Department announced record breaking milestones including the issuance of a whopping 5.2 million nonimmigrant visas at U.S. Embassies and Consulates worldwide in the first half of fiscal year 2024 – more than any previous year over the same period.

In the past six months alone, 30 percent of U.S. Embassies and Consulates worldwide set all-time records for nonimmigrant visas issued.

In particular, travel and tourism has been a focal point for the State Department considering that international visitors contribute as much as $239 billion annually to the U.S. economy and support approximately 9.5 million jobs.

Some of the key highlights from the State Department’s announcement are as follows:

In the first half of fiscal year 2024:

  • Almost 4.1 million B visitor visas and border crossing cards were issued for tourists and temporary business travelers worldwide, with nearly two-thirds from Mexico, India, Brazil, the People’s Republic of China, Colombia, Argentina, the Dominican Republic and Ecuador.

By the middle of fiscal year 2024, the State Department issued:

  • Approximately 134,000 visas for exchange visitor program participants and 115,000 visas for students. International students contributed almost $38 billion to the U.S. economy in the year 2022 and made up more than 335,000 jobs
  • A record breaking 205,000 visas were issued for temporary or seasonal workers in agriculture and other sectors
  • Almost 160,000 nonimmigrant visas were issued to airline and shipping crew members to support global transportation and supply chains—the second-highest half-year issuance record in this category in history
  • Almost 25,000 employment-based immigrant visas—75 percent more than same period in fiscal year 2019

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In this blog post, we cover the newly released Immigrant Visa Backlog Report published by the Department of State. April’s report provides the latest data and statistics relating to the processing of immigrant visa applications at the National Visa Center.

This data includes information about the number of documentarily complete immigrant visa cases currently at the National Visa Center waiting for interviews, the number of cases that were scheduled for interviews by the end of the month, and the number of immigrant visa cases still waiting to be scheduled for a visa interview after interview appointment scheduling was completed.

The April Immigrant Visa Backlog Report

According to the National Visa Center’s April Immigrant Visa Backlog Report there has been an increase in the overall immigrant visa (IV) backlog from 326,415 pending cases in the month of March, to 351,624 pending cases still waiting to be scheduled for a visa interview at the end of April. By comparison, in February, there were 338,256 pending cases waiting for interview scheduling.

On the bright side, the Final Action dates in the April and May Visa Bulletin have shown substantial forward movement for nearly all family-sponsored categories. This has enabled more family-based immigrant visa applications to become documentarily complete and receive interview scheduling at U.S. Consulates and Embassies worldwide. Unfortunately, the same cannot be said for the employment-based categories, which have remained stagnant with little to no forward movement in recent months.

Additionally, when comparing the March and April Immigrant Visa backlog reports, we can see that the number of immigrant visa applicants whose cases were documentarily complete and therefore ready to be scheduled for an interview at Consulates and Embassies increased from 374,532 (as of February 29, 2024) to 404,459 (as of March 31, 2024). Of these cases, only 52,835 applicants whose cases became documentarily complete were scheduled for interview appointments in April 2024. By comparison, only 48,117 applicants were scheduled for interview in March.

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The long-awaited May 2024 Visa Bulletin has arrived! If you’d like to know all about the projected movement of the employment-based and family-sponsored categories in the month of May, we’ve got you covered.

Highlights of the May 2024 Visa Bulletin

Dates for Filing Chart

For the family-sponsored preference categories, the Dates for Filing Chart remains unchanged from the previous month, with the exception of the F2B category for Mexico which will advance by 1 month to September 1, 2004. Additionally, F3 Worldwide, China, and India will advance by 3 months to June 1, 2010. Finally, F4 India will advance by 2.2 months to June 15, 2006, F4 Mexico will advance by 1 week to April 22, 2001, and F4 Philippines will advance by over 1 month to June 1, 2005.

For the employment-based petitions, the Dates for Filing remain unchanged from the previous month.

Employment-based categories Final Action Chart

The Final Action Dates Chart shows no movement for all employment-based preference categories.

Family-sponsored categories

Movement in the Final Action Dates

On the other hand, the Final Action Dates Chart for the family-sponsored categories advanced in almost all categories as follows:

  • F1 Mexico will advance by 5.5 months to October 15, 2001
  • F1 Philippines will remain the same at March 1, 2012
  • F1 All other countries will advance by 4.9 months to July 8, 2015
  • F2A Mexico will advance by 2.8 months to November 8, 2020
  • F2A Philippines will advance by 8.7 months to June 1, 2021
  • F2A All other countries will advance by 8.7 months to June 1, 2021
  • F2B Mexico will advance by 4.3 months to March 1, 2004
  • F2B Philippines will remain at October 22, 2011
  • F2B All other countries will advance by 4.3 months to April 1, 2016
  • F3 Mexico will advance by 10.4 months to July 22, 1999
  • F3 Philippines will advance by 1.8 months to August 1, 2002
  • F3 All other countries will advance by 3 months to January 1, 2010
  • F4 Worldwide and China will advance by 1.4 months to July 22, 2007
  • F4 India will advance by 1 month to January 15, 2006
  • F4 Mexico will advance by 3.3 months to January 22, 2001
  • F4 Philippines will advance by 2.8 months to September 8, 2003

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