Visa Lawyer Blog

Articles Posted in Religious Workers

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july-5404922_1280We are pleased to inform our readers that today June 10th, the U.S. Department of State’s Bureau of Consular Affairs released the July Visa Bulletin. In this blog post we breakdown the projected movement of the employment-based and family-sponsored categories during the month of July.

USCIS Adjustment of Status

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

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.

Highlights of the July 2024 Visa Bulletin

Employment-Based Categories

Final Action Dates

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

  • EB-1 India will advance by eleven months to February 1, 2022
  • EB-1 China will advance by two months to November 1, 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 months to June 15, 2012
  • EB-2 China will advance by one month to March 1, 2020
  • EB-2 All other countries will advance by two months to March 15, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by one month to September 22, 2012
  • EB-3 China will remain at September 1, 2020
  • EB-3 All other countries will retrogress by eleven months and three weeks to December 1, 2021

EB-3 Other Workers

  • EB-3 India will advance by one month to September 22, 2012
  • EB-3 China will remain at January 1, 2017
  • EB-3 Philippines will remain at May 1, 2020
  • EB-3 All other countries will advance by almost three months to January 1, 2021

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The Department of State has published the April 2024 Visa Bulletin, bringing significant advancements in the final action dates for most employment-based categories, and modest advancement for the family-sponsored categories when compared to the previous month.

Highlights of the April 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 family sponsored fourth preference category (F4) for India which will advance by 1.5 months to April 8, 2006, and Philippines which will advance by 1 year to April 22, 2005.

Additionally, for employment-based petitions, the employment based first preference category (EB1A) India will advance by 3 months to April 1, 2021, and the employment-based third (EB3) preference category for India will advance by 1.5 months to September 15, 2012. Finally, the employment based fourth preference category (EB-4) will advance by 11 months to December 1, 2020.

All other preference categories remain unchanged from the previous month.

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The November Visa Bulletin has arrived! In this blog post we share with you the changes that you can expect to see in the visa bulletin for the upcoming month of November.

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 important updates.

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:

  1. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
  2. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

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.

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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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The U.S. Department of State has released its March 2023 Visa Bulletin.

To help you prepare for your upcoming immigrant visa or green card filing, we share what you can expect to see in the employment based and family preference categories for the month of March.

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 March 2023, foreign nationals must have a priority date that is earlier than the Dates for Filing chart as listed in the Department of State’s March Visa Bulletin.

Those 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).

Adjustment of Status Filing Chart March 2023

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 March 2023.

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

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 December 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 December 2022.

For Employment-Based Preference Filings:

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

December 2022 Visa Bulletin Dates for Filing Cutoff Dates

Employment-Based Categories

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s December 2022 Visa Bulletin, the following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

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It’s the start of a brand-new year! On behalf of the Law Offices of Jacob J. Sapochnick we would like to wish you and your loved ones a very Happy New Year. It has been a challenging time in the world of immigration law but we at the Law Office are proud to help you navigate the new normal.

In this blog post we share with you a new proposed rule that has been published in the Federal Register. The new rule seeks to raise certain nonimmigrant visa application processing fees, fees for the Border Crossing Card for Mexican Citizens age 15 and over, and fees to waive the two-year residency requirement (J waiver).

What is this all about?

On December 29, 2021, the Department of State released a new rule proposing the adjustment of various fees for Consular Services.

Non-Petition Based NIVs to Increase to $245 USD for B1/B2, F, M, J, C, D, I, and BCC applicants

Among the proposed fee changes is an increase of “non-petition” based NIV fees from $160 USD to $245 USD per application.

This change would impact a variety of nonimmigrant visas, such as:

  • those for business and tourist travel (B1/B2);
  • students and exchange visitors (F, M, and J);
  • crew and transit visas (C and D);
  • representatives of foreign media (I), and
  • other country-specific visa classes, as well as BCCs for applicants age 15 or older who are citizens of and resident in Mexico.

According to the Department of State, “non-petition” means visas that do not require separate requests known as “petitions” to be adjudicated prior to the visa application to establish that the individual meets certain qualifying criteria for the relevant status ( e.g. , that the beneficiary of the petition has the relevant familial relationship to the petitioner). Non-petition based NIVs make up nearly 90 percent of all NIV workload.

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The R-1 visa is arguably one of the most underrated work visas available in the U.S. immigration system. The R-1 visa program enables foreign nationals to travel to the United States for the purpose of engaging in temporary employment, as a minister, or in another religious vocation or occupation on at least a part time basis (20 hrs/week).

To qualify for the R-1 visa, the foreign national must be employed by (1) a non-profit religious organization in the United States or (2) a religious organization that is authorized by a group tax exemption holder to use its group tax exemption or (3) a non-profit religious organization affiliated with a religious denomination in the United States.

In addition, the foreign national must be a member of the religious denomination for at least two years immediately prior to filing for an R-1 visa.

What is considered a religious occupation under the program?

Religious occupations are those whose duties:

  • Primarily relate to a traditional religious function
  • Are recognized as a religious occupation within the denomination
  • Are primarily related to, and clearly involve, inculcate, or carry out the religious creed and beliefs of the denomination

Who may not be eligible for the R-1 visa?

Administrative or support personnel including janitors, maintenance workers, clerical employees, or fund-raisers, or similar occupations that involve soliciting donations. Limited administrative duties that are incidental to religious functions are permissible.

Benefits of the R-1 Visa Program

Dual Intent

The R-1 visa is a dual intent visa. A dual intent visa allows a foreign national to enter the United States as a non-immigrant for a temporary specified period of time, but allows the foreign national to retain the option of applying for a green card in the future.

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Today, October 24, 2016 the Department of Homeland Security published the final rule increasing fees for certain immigration and naturalization petitions processed by U.S. Citizenship and Immigration Services (USCIS). Overall the Department of Homeland Security increased filing fees for certain petitions by an average of 21 percent. The new fees will be enforced by USCIS beginning December 23, 2016. The fee schedule has been adjusted following the agency’s decision to conduct a comprehensive review of filing fees for fiscal year 2016/2017. USCIS determined that an adjustment in the filing fees would be necessary in order for USCIS to recover costs for services expended and maintain adequate service. The proposed fee schedule was first published on May 4, 2016. The final rule clarifies that all persons applying for immigration benefits may be required to appear for biometrics services or an interview, and thus must pay the biometrics services fee accordingly.

EB-5 Investor Visa Program

The EB-5 Immigrant Investor Visa Program will be most heavily impacted by the new fee schedule. The new filing fee for Form I-924, Application for Regional Center under the Immigrant Investor Pilot Program, will increase by a rate of 186% requiring Regional Centers seeking designation under the program, to pay a filing fee of $17,795 instead of the current rate of $6,230. Regional Centers will be required to pay a $3,035 annual fee to certify their continued eligibility for the designation.

The filing fee for the I-526 Immigrant Petition by Alien Entrepreneur, an application associated with the EB-5 visa program, will increase to $3,675, a 145% increase up from the current rate of $1,500. The filing fee for an investor’s petition to remove conditions on residence remains unchanged.

Naturalization

USCIS has established a three-tiered fee schedule for naturalization applicants filing Form N-400 Application for Naturalization. First, the fee schedule includes a standard filing fee for most applicants, from a rate of $595 to $640. Second, DHS has established a reduced fee of $320 for naturalization applicants whose household income is greater than 150% but less than 200% of the Federal Poverty Guidelines. Third, there will be no filing fee for naturalization applicants who are members of the military, applicants with approved fee waivers, and others who may qualify for a fee waiver according to sections 328 or 329 of the Immigration and nationality Act (INA).

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In this post, we discuss the latest immigration news beginning with the recent Congressional Approval of the Continuing Resolution Act that will allow funding to continue for the EB-5, Conrad 30, and special non-ministerial religious worker programs for fiscal year 2017. With the passage of this Continuing Resolution, these programs will remain afloat at least for the time being. On September 28, 2016 Congress averted a government shutdown by continuing funding for key programs with the passage of the Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act of 2017. This Act will extend the EB-5 Regional Center Program and EB-4 non-minister special immigrant visa program for religious workers until December 9, 2016. In terms of adjustment of status filing dates for employment-based preference categories, USCIS has announced that for the month of October, foreign nationals seeking to apply for employment-based adjustment of status (EB-1 to EB-4 preference categories) may do so by using the Dates for Filing Applications Chart of the October Visa Bulletin for 2016. EB-5 adjustment of status applicants must use the Final Action Dates chart of the October Visa Bulletin.

What does this mean?

The signing of the Continuing Resolution Act means that this year we will not be facing a government shutdown as in previous years. This is very good news given that the upcoming elections (both for the U.S. president and Congressmen and women) may have been a factor in Congress not being able to meet the deadline to continue government funding for these key programs. EB-5, Conrad, and non-ministerial religious worker programs will continue without interruptions since these programs are part of the CR.

What will happen after December 9, 2016?

On December 9th the government will be facing another deadline that will require Congress to continue funding these very important programs. If Congress does not meet the funding deadline for these programs through the passage of another Continuing Resolution or Omnibus package, the government could face another shutdown. This would take place after the elections, but before the new Congress is in session. If an Omnibus is passed, the possibility of reforms and/or changes to the EB-5, Conrad, or non-ministerial religious worker programs is worth noting. Recent controversies may lead to reforms in the EB-5 program although it is unlikely that major reforms and/or changes to the EB-5 program will pan out before the December 9th deadline.

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