Visa Lawyer Blog

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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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The past year saw big victories for worldwide visa operations.

The Department of State recently provided statistics summarizing its visa processing capacity in the year 2023. The recent data shows tremendous advancement in visa processing capacity at Consular posts globally and provides a strong outlook for visa processing in the year 2024.

In the year 2023, the Department of State issued more nonimmigrant visas at U.S. Consular posts and Embassies worldwide than at any other time since 2015.

This included issuing a record of 10.4 million nonimmigrant visas globally, with more than 1 million nonimmigrant visas issued in a single month during March of 2023.

Some of the State Department’s accomplishments include:

  • The reunification of families, with the issuance of 563,000 immigrant visas (IVs) in FY 2023, with 30 of its missions issuing their largest number of immigrant visas ever.  Consular sections worldwide have reduced the overall immigrant visa interview scheduling backlog by nearly half, from nearly 532,000 in July 2021, to just over 275,500.
  • Prioritizing student and academic exchange visitor visa interviews to facilitate study at U.S. universities and colleges. Consular sections issued 830,000 student and exchange visitor visas in FY 2023, more than in any year since FY 2016.  More than 600,000 of those were for students pursuing an education in the United States, many of them from countries sending record numbers of students. Of these numbers, nearly 40,000 visas were issued to African students which set an all-time record.
  • Record numbers of visas were issued for seasonal agricultural and non-agricultural workers to facilitate the legal and orderly flow of labor. A record-breaking 442,000 visas were issued to H-2A and H-2B temporary workers in 2023, with nearly 90 percent of visas issued to workers from Mexico, El Salvador, Guatemala, and Honduras. 
  • A record number of 365,000 nonimmigrant visas were issued to airline and shipping crewmembers (C1/D) which are essential to maintaining international transportation and supply chains that support the U.S. and global economies.

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In the nick of time, on December 21, 2023, the Department of State announced that it will continue its interview waiver policy for certain nonimmigrant visa applicants. The agency’s interview waiver policy was previously set to expire on December 31, 2023. However, its implementation will continue starting on January 1, 2024, and remain in place until further notice.

Following consultations with the Department of Homeland Security (DHS), the Secretary of State has determined that the following categories of interview waivers are in the national interest.  Based on this directive, Consular Officers now have the authority and discretion to waive the in-person interview for:

  • First time H-2 visa applicants (temporary agricultural and non-agricultural workers); and
  • Other nonimmigrant visa applicants applying for any nonimmigrant visa classification who:
      • Were previously issued a nonimmigrant visa in any classification, unless the only prior issued visa was a B visa; and
      • Are applying within 48 months of their most recent nonimmigrant visa’s expiration date.

The Department of State reminds applicants who are renewing a nonimmigrant visa in the same classification within 48 months of the prior visa’s expiration date, that they will continue to be eligible for an interview waiver until further notice.

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The rumors are true. For the first time in nearly two decades, the Department of State (DOS) will process domestic visa renewals for certain H-1B visa applicants without requiring them to leave the United States.

This is all part of a new pilot program starting January 29, 2024, through April 1, 2024, that will allow 20,000 qualified H-1B nonimmigrant workers the opportunity to renew their visas domestically.

The Department of State hopes the pilot program will reduce heavy backlogs at more than 200 consular sections worldwide by making available an increased number of interview appointments for other visa categories, especially first-time travelers applying for business and tourism visas who require in-person interviews.

At the same time, DOS seeks to alleviate the burden on U.S. companies that employ H-1B workers by streamlining the visa renewal process.

The Department will accept applications for the pilot program starting January 29, 2024 on its webpage.

After the initial application period which ends on April 1st the Department will expand the scope of the program.

What are the Requirements to Participate?

Participation in this pilot will be limited to applicants who(se):

  1. Are seeking to renew an H–1B visa; during the pilot phase, the Department will not process any other visa classifications;
  2. Prior H–1B visa that is being renewed was issued by Mission Canada with an issuance date from January 1, 2020, through April 1, 2023; or by Mission India with an issuance date of February 1, 2021, through September 30, 2021;
  3. Are not subject to a nonimmigrant visa issuance fee (Note: this is commonly referred to as a “reciprocity fee”);
  4. Are eligible for a waiver of the in-person interview requirement;
  5. Have submitted ten fingerprints to the Department in connection with a previous visa application;
  6. Prior visa does not include a “clearance received” annotation;
  7. Do not have a visa ineligibility that would require a waiver prior to visa issuance;
  8. Have an approved and unexpired H–1B petition;
  9. Were most recently admitted to the United States in H–1B status;
  10. Are currently maintaining H–1B status in the United States;
  11. Period of authorized admission in H–1B status has not expired; and
  12. Intend to reenter the United States in H–1B status after a temporary period abroad.

Applicants that fall outside of this scope are not eligible to apply for a visa domestically.

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The January 2024 Visa Bulletin is finally here, and with it some big advancements for the employment-based preference categories in the New Year, specifically for India and China, and some promising forward movement in the Final Action Dates for EB-2 Worldwide and EB-3 Professional/Skilled Workers Worldwide.

For family-sponsored categories, the New Year brings big advancements in the Final Action Dates for F2A Mexico, F2 Worldwide, F2B Mexico, F3 Mexico, F3 Worldwide, and modest advancements for F4. The Dates for Filing remain the same as December.

Whether you are applying for an immigrant visa at a U.S. Consulate overseas or applying for adjustment of status to permanent residence in the United States, you won’t want to miss these new updates.

Highlights of the January 2024 Visa Bulletin

Employment-based categories

  • EB-1 India: The EB-1 India Final Action Date will advance by three years and eight months, to September 1, 2020, and the Date for Filing will advance by a year and a half, to January 1, 2021.
  • EB-1 China: The EB-1 China Final Action Date will advance by four and a half months, to July 1, 2022, and the Date for Filing will advance five months, to January 1, 2023.
  • EB-2: The EB-2 Final Action Date for India will advance by two months, to March 1, 2012, and the EB-2 China Final Action Date will advance by approximately nine weeks, to January 1, 2020. Final Action Dates for the remaining countries in EB-2 will advance by three and a half months, to November 1, 2022.
  • EB-3 Professional/Skilled Workers: The EB-3 Professional/Skilled Worker Final Action Dates will advance by over 7 months for China, to September 1, 2020, and by one month for India, to June 1, 2012. Final Action Dates for the remaining countries in the category will advance by eight months, to August 1, 2022.

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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

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 “If we learn nothing else from this tragedy, we learn that life is short and there is no time for hate.”

Sandy Dahl, wife of Flight 93 United Airlines Captain Jason Dahl

In remembrance of the lives lost on September 11, 2001 welcome-905562_1280

In this post, we would like to share with our readers that starting September 13th the U.S. Citizenship and Immigration Services (USCIS) will require affirmative asylum applicants to bring interpreters to asylum interviews, if they are not fluent in the English language, or would like to have their interview conducted in a language other than English.

USCIS has said that affirmative asylum applicants who need an interpreter, but fail to bring one, or who bring an interpreter that is not fluent in English or a language they speak, in such case the immigration official may consider this a failure to appear if the applicant does not establish good cause.

Additionally, USCIS may dismiss the asylum application or refer the asylum application to an immigration judge.

Interpreter Requirements

The following requirements apply to interpreters present at USCIS interviews:

The interpreter must be fluent in English and a language you speak fluently and must be at least 18 years old. The interpreter cannot be:

  • Your attorney or accredited representative;
  • A witness testifying on your behalf;
  • A representative or employee of the government of your country of nationality (or, if you are stateless, your country of last habitual residence); or
  • An individual with a pending asylum application who has not yet been interviewed.

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