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The Department of State has released the visa bulletin for June 2020 outlining the availability of immigrant visa numbers for the upcoming month.

NOTE: Adjustment of Status Filing Charts June 2020

For Family-Sponsored Filings:
In the F2A category, there is a cutoff date on the Dates for Filing chart.  However, the category is “current” on the Final Action Dates chart.  This means that applicants in the F2A category may file for adjustment applications using the Final Action Dates chart for June 2020.

For all the other family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for June 2020. 

For Employment-Based Preference Filings:
For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State Visa Bulletin for June 2020.

June Visa Bulletin Cutoff Dates

Employment Based Categories

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

  • EB-1: All countries remain current during the month of June except for China and India. EB-1 China moved forward by one month to August 15, 2017, while EB-1 India moved forward by more than 10 months to June 8, 2016.
  • EB-2: All countries remain current during the month of June except for China and India. EB-2 China moved forward by one month to November 1, 2015, and India moved forward by 10 days to June 12, 2009.
  • EB-3 Professional and Skilled Workers: All countries remain current except for India and China. Except for India and China all countries moved forward by more than ten months to November 8, 2017. Cutoff dates for China and India advanced by one month, with China moving ahead to June 15, 2016, and India moving ahead to April 1, 2009.
  • EB-5: Most countries remain current. EB-5 China moved forward by two weeks to July 15, 2015; EB-5 India moved forward by three months to January 1, 2020; and Vietnam moved forward by three weeks to April 22, 2017.

Cutoff dates in the Dates for Filing Chart for June have remained mostly the same in comparison to the previous month, the only change is for EB-4 El Salvador, Honduras, and Guatemala which moved forward four and a half months to February 1, 2017.  USCIS will accept adjustment applications based on the Final Action Dates chart for June 2020, the same as last month.

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 Family-Sponsored Categories

According to the Department of State’s June Visa Bulletin, the following cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories:

**Note only applicants in the F2A category may file using the Final Action Dates chart for June 2020 to file adjustment applications. All other family-sponsored preference categories must use the Dates for Filing chart.

Dates for Filing Charthttps://www.visalawyerblog.com/files/2020/05/Screen-Shot-2020-05-22-at-1.47.01-PM.png

Alert Regarding the April 22nd Presidential Proclamation

As you may be aware President Trump’s April 22nd presidential proclamation suspends the issuance of immigrant visas at U.S. Consulates worldwide for certain classes of immigrants until June 22, 2020, assuming the proclamation is not extended beyond this date. As Consulates worldwide begin to reopen, consular officers will enforce the presidential proclamation by refusing immigrant visas to those who were outside of the United States as of 11:59 p.m. EDT on April 23, 2020, have not been issued an immigrant visa or similar U.S. travel document, and are not otherwise exempt from the proclamation. The following types of immigrants have been specifically exempted from the proclamation and are eligible for visa issuance in June:

  • Applicants for EB-5 immigrant visas;
  • Spouses of U.S. citizens;
  • Children under 21 of U.S. citizens and prospective adoptees in the IR-4 or IH-4 visa classifications;
  • Foreign nationals seeking to enter on an immigrant visa as a physician, nurse or other healthcare professional, as well as their spouse and unmarried children under 21;
  • Foreign nationals whose entry would further important U.S. law enforcement objectives;
  • Members of the U.S. armed forces and the spouses and children of such individuals;
  • Foreign nationals seeking to enter as Special Immigrants in the SI or SQ classification, and the spouse and children of such individuals; and
  • Foreign nationals whose entry is in the U.S. national interest.

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The economic fallout of the coronavirus pandemic has been felt by nearly all sectors of the economy, but perhaps the most unexpected victim has been the United States Citizenship and Immigration Services (USCIS).

Unlike many other government agencies, USCIS does not depend on government funding to survive. Instead, the agency primarily relies on fees, charged to applicants and petitioners applying for immigration benefits, to remain in operation.

A spokesman for the agency recently revealed that the agency is strapped for cash. Americans nationwide have had to cut back on spending during this coronavirus pandemic, leaving little money to spare on the very expensive filing fees required for various types of immigration benefits, such as citizenship and green card applications. The agency is in such a precarious position that it has now asked the United States government for a $1.2 billion bailout to remain in operation.

USCIS has said that its revenue could plummet by more than 60 percent by the end of the fiscal year which ends on September 30, 2020. If the agency does not receive additional funding from the government, it will run out of money by the summertime.

In anticipation of its decreased revenue, USCIS is preparing to take drastic measures to stay afloat, such as adding a 10 percent “surcharge” to applications, on top of proposed filing fee increases. These additional fees could be imposed within the coming months.

Of course, an increase in fees is bad news for non-citizens who are already struggling to make ends meet.

Many have blamed President Trump’s restrictive policies on immigration for the decrease in revenue. The President’s most recent proclamations coupled with his restrictive immigration policies have made it more difficult for immigrants and non-immigrants alike to obtain immigration benefits. These policies have been designed to discourage foreign nationals from seeking immigration benefits because of the high rate of visa denials. In addition, the most recent proclamation has kept consular immigration at a standstill.

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The House of Representatives has introduced a new bill called the HEROES Act, (Health and Economic Recovery Omnibus Emergency Solutions Act), that provides short term financial relief during this health crisis. In this post, we discuss who would be covered under the HEROES Act and what type of relief would be provided by the Act.

To become law, the HEROES Act will need to be approved by the Senate and signed by the President. The President has openly voiced his opposition for the bill because the bill authorizes federal funds for undocumented immigrants. The bill will likely receive push back in the Republican controlled Senate or at the very least be subject to significant changes. Nonetheless if the bill fails, it will at least provide a foundation upon which Congress can reach a compromise.

What is it?

The HEROES Act is a $3 trillion bill that would provide stimulus checks to individuals who did not previously qualify for stimulus checks under the CARES Act (Coronavirus Aid, Relief, and Economic Security), such as undocumented immigrants.

Relief for Undocumented Individuals

The HEROES Act would provide temporary relief from deportation for undocumented immigrants working in essential fields such as health care workers and allow them to apply for employment authorization throughout the period of the pandemic. In addition, unlike the CARES Act, undocumented immigrants and their families would be eligible to receive stimulus checks. The HEROES Act would allow direct payments to be issued in the amount of – $1,200 for an individual, $2,400 for joint filers, and $1,200 for up to three dependents. The HEROES Act would also authorize undocumented immigrants to be eligible for the first round of stimulus checks sent out in April. The Act also proposes additional health care benefits for immigrants who are eligible for Medicaid and would require immigration authorities to release people from immigration detention where possible.

Low-Risk Detainees

The HEROES Act would require Immigration and Customs Enforcement (ICE) to evaluate the files of detained immigrants and release those who are not subject to mandatory detention, and those who do not pose a risk to national security. In the alternative the HEROES Act would encourage ICE to pursue low-cost alternatives to detention for low-risk immigrants such as requiring detainees to wear ankle bracelet monitors.

The bill would also require detention facilities to provide detainees with free and unlimited soap, as well as phone and video call accessibility to communicate with family and legal representatives.

Expedited Processing for Foreign Medical Workers

The HEROES Act would require expedited visa and green card processing for foreign medical workers seeking to practice medicine, conduct medical research, or pursue education or training to combat COVID-19. Consulates and Embassies worldwide would also be required to prioritize visa interviews for these workers, granting emergency appointments in person or teleconference appointments. Foreign doctors who have completed residency programs in the United States would be eligible to receive permanent residence on an expedited basis. Medical professionals in H-1B status would be eligible to transfer between hospital systems without having to apply for a new visa. In addition, medical students would be eligible to transfer rotations within their host institution and would be compensated for their work throughout the pandemic. In addition, such students could work outside of their approved program so long as their work relates to fighting COVID-19.

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The government is yet again proposing sweeping changes to current immigration policy, this time targeting Form I-864, Affidavit of Support.

By law, petitioners seeking to immigrate their immediate relative to the United States are required to submit Form I-864 affidavit of support, to ensure to the government that the foreign national will not become a public charge once they have entered the country.

This is true regardless of whether the immigrant is applying for an immigrant visa overseas, or whether the immigrant is adjusting their status to lawful permanent resident in the United States.

The affidavit of support has recently been the subject of intense scrutiny by the Trump administration.

The President has been primarily concerned with alien’s obtaining government benefits that they are not entitled to receive and has sought to enforce a sponsor’s obligations to reimburse the government for any monies paid out to aliens.

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On May 7th just days after the President signed his controversial April 22nd executive order limiting the immigration of certain aliens to the United States for 60 days, Republican senators rallied together to urge the President to pass more immigration restrictions—this time targeting nonimmigrant foreign workers.

Republican Senators Tom Cotton of Arkansas, Ted Cruz of Texas, Chuck Grassley of Iowa, and Josh Hawley of Missouri fired off an impassioned plea to the President asking him to suspend all new guest worker visas for a period of 60 days, and certain categories of new guest worker visas for at least the next year until unemployment levels have returned to normal.

In their letter, the Senators justified their request stating that, “the United States admits more than one million nonimmigrant guest workers every year, and there is no reason to admit most such workers when our unemployment is so high.” The letter continued “given the extreme lack of available jobs for American job-seekers as portions of our economic begin to reopen, it defies common sense to admit additional foreign guest workers to compete for such limited employment.”

The Senators praised the President for passing the April 22nd proclamation but said that more needs to be done because guest worker programs “remain a serious threat to the U.S. labor market’s recovery.”

The Senators said that exceptions to the 60-day suspension should be rare and limited to time-sensitive industries such as agriculture and issued only on a case-by-case basis when the employer can demonstrate that they have been unable to find Americans to take the jobs.

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Welcome back to Visalawyerblog! In this post we will discuss a few recent updates released by the United States Citizenship and Immigration Services (USCIS).

UPDATE: USCIS Extends Flexibility Policy for RFEs, NOIDs, I-290bs, and more

Due to the ongoing circumstances relating to COVID-19, USCIS will continue to provide flexibility in responding to certain deadline-oriented requests, provided the notice or decision requesting the additional evidence was issued between March 1st and July 1st.

What types of documents will USCIS provide flexibility for?

Flexibility will be provided for the following:

  • Requests for Evidence
  • Continuations to Request Evidence (N-14)
  • Notices of Intent to Deny
  • Notices of Intent to Revoke
  • Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers and
  • Filing date requirements for Form I-290B, Notice of Appeal or Motion

To reiterate, flexibility will only be granted for notices or decisions with an issuance date between March 1st and July 1st. Notices issued before March 1st or after July 1st will not receive this leniency.

When can I respond to my notice or decision?

USCIS will accept responses to any of the above notices or decisions if they are received within 60 calendar days after the response deadline set in the initial request or notice.

This will provide relief to individuals who need more time to acquire necessary documents requested by USCIS from offices and agencies that are currently closed due to COVID-19.

Military Personnel and Veterans Eligible to File Form N-400 Online

USCIS recently announced that U.S. service members and veterans can now apply for naturalization on Form N-400 online.

This is an exciting new development because these applicants will not only be able to file their application and documents electronically, they can also check the status of their case and receive notices from USCIS online. In addition, USCIS will be using previously submitted biometrics where available. Where biometrics are not available, a U.S. service member stationed outside the U.S., can submit two properly completed FD-258 fingerprint cards and two passport style photos taken by the military police, officials with DHS, the U.S. Embassy or Consulate.

Please note that aliens currently serving or who have served in the armed forces may be eligible for naturalization under special provisions of immigration law. These individuals would have their application fee waived.

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We are pleased to report the introduction of a brand-new Senate bill called the Healthcare Workforce Resilience Act, sponsored by Senators David Perdue, Todd Young, Dick Durbin, and Chris Coons. The purpose of the bill is to increase the number of health care workers available to meet the demand of the COVID 19 pandemic.

If passed, the Healthcare Workforce Resilience Act, would allow nurses and physicians with approved immigrant visas the ability to adjust their status, so that they can help our nation fight the coronavirus and have a durable immigration status.

As you know, there are currently thousands of nurses and doctors stuck overseas waiting in line for green cards to become available, despite a grave need for their services during this public health crisis. What’s worse is that many of these workers already have approved immigrant petitions but are prevented from serving our communities due to the long visa backlogs.

The bill would authorize the U.S. Citizenship and Immigration Services (USCIS) to “recapture” up to 25,000 immigrant visas for nurses and 15,000 immigrant visas for physicians. USCIS would also recapture immigrant visas for the families of these medical professionals.

These recaptured visas would be drawn from the pool of unused employment-based visas that Congress has previously authorized. These visas would be issued in order of priority date and would not be subject to the country caps. To facilitate timely action, premium processing would be applied to qualifying petitions and applications. Furthermore, the bill would direct the Department of Homeland Security and Department of State to prioritize visa appointments for fully qualified nurses and physicians to enter the United States as fast as possible.

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Great news. The United States Citizenship and Immigration Services (USCIS) has announced that the agency is preparing to reopen in-person services at its field offices, asylum offices, and application support centers (ASC) to the public on or after June 4.

As we have previously reported on our blog, USCIS first announced the temporary closure of these offices on March 18th to protect to public and its employees from the rapid spread of COVID-19.

Although USCIS is currently closed, USCIS is providing limited emergency in-person services. Those with emergency situations should contact the USCIS Contact Center for assistance. This includes Visa Waiver Entrants who need to request Satisfactory Departure.

Interview Cancellations

USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure.

USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews.

When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview.

When USCIS again resumes operations for in-person services, USCIS will automatically reschedule ASC appointments due to the temporary office closure.

Individuals will receive a new appointment letter in the mail.

Those who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again. Please check to see if the respective office has been reopened before calling the Contact Center.

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The Department of State has released the visa bulletin for May 2020 outlining the availability of immigrant visa numbers for the upcoming month.

Please note:

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS in the Department of Homeland Security must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. 

May Visa Bulletin Cutoff Dates

According to the Department of State’s May Visa Bulletin, the following cutoff dates will apply for the issuance of an immigrant visa:

  • EB-1: All countries except for China and India will become current on May 1. China will advance by five weeks to July 15, 2017, while India will advance by three months to August 1, 2015.
  • EB-2: China will advance by one month to October 1, 2015, and India will advance by one week to June 2, 2009. All other countries will remain current.
  • EB-3 Professional and Skilled Workers: All countries except India and China will remain retrogressed at January 1, 2017. Cutoff dates for China and India will advance, with China moving ahead by one month to May 15, 2016, and India moving ahead by more than five weeks to March 1, 2009.
  • EB-5: Most countries will remain current. China will advance by more than six weeks to July 1, 2015; India will advance by nine months to October 1, 2019; and Vietnam will advance by just under two months to April 1, 2017.

Employment-Based Priority Cut-off Dates for May 2020

USCIS recently announced that it will honor Final Action dates for adjustment of status filings in May. In order to file an employment-based adjustment of status application next month, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country. This is the second consecutive month that USCIS has chosen the Final Action Dates chart, after several months of honoring the Dates for Filing chart.

The May Final Action Dates chart is current for EB-1 countries worldwide, after several months of retrogression.

How will the President’s Executive Order affect immigrant visas?

The President’s executive order will temporarily suspend and limit the entry of foreign nationals seeking an immigrant visa at a U.S. Consulate abroad. Although the order will apply for the next 60 days, the order will have little practical effect on immigration, given that U.S. Consulates and Embassies worldwide have suspending the issuance of all visas until the COVID-19 pandemic subsides.

If U.S. Consulates and Embassies resume operations within the next 60 days, the executive order will prevent foreign nationals from obtaining immigrant visas at U.S. Consulates worldwide. The suspension will apply to individuals who, as of Wednesday, were outside of the United States, do not have an immigrant visa, do not have official travel documents other than visas, and have not been exempted by the executive order.

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The long-awaited Executive Order temporarily suspending the immigration of certain aliens into the United States has been released.

WHO IS IMPACTED BY THE EXECUTIVE ORDER?

The order entitled, “Proclamation Suspending the Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” suspends and limits the entry of the following types of aliens (for a 60-day period) beginning 11:59 p.m. eastern daylight time on April 23, 2020.

Your entry is suspended and limited if all of the following are true:

THREE PART TEST

  • You are an alien outside of the United States on the effective date of the Proclamation (April 23rd)
  • You are an alien that does not have an immigrant visa that is valid on the effective date of the Proclamation (April 23rd) and
  • You are an alien that does not have an official travel document other than a visa on the effective date of the proclamation (April 23rd) or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission
    • Official travel documents include a transportation letter, an appropriate boarding foil, or advance parole document.

ENFORCEMENT

This Proclamation shall be enforced by U.S. Consulates worldwide at their discretion giving them the power to determine whether an immigrant has established his or her eligibility and is otherwise exempted from the Proclamation. The Department of State will implement the proclamation as it applies to immigrant visas, at the discretion of the Secretary of State in consultation with the Secretary of Homeland Security.

The Department of State governs the immigration process outside of the United States, while the Department of Homeland Security governs the immigration process within the United States and guides the United States Citizenship and Immigration Services (USCIS).

WHO IS EXEMPT FROM THE EXECUTIVE ORDER?

The order expressly exempts:

  • Lawful Permanent Residents of the U.S.
  • Aliens who are the spouses of U.S. Citizens
  • Members of the U.S. Armed Forces and any spouse and child of a member of the U.S. Armed Forces
  • Aliens under 21 years of age who are children of United States Citizens and prospective adoptees
  • Aliens seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional
  • Aliens seeking to enter the U.S. to perform medical research or other research intended to combat the spread of COVID-19
  • Any spouse any unmarried child under 21 years of age of any such alien who is accompanying or following to join the alien
  • Any alien applying for a visa pursuant to the EB-5 Immigrant Investor Program
  • Aliens whose entry furthers important United States law enforcement objectives
  • Any alien seeking entry pursuant to a Special Immigrant Visa in the SI or SQ classification, and any spouse and child of any such individual
    • SI: Certain aliens employed by the U.S. Government in Iraq or Afghanistan as translators or interpreters
    • SQ: Certain Iraqis or Afghans employed by or on behalf of the U.S. Government
  • Any alien whose entry would be in the national interest of the United States (national interest waivers)
  • Aliens seeking entry for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

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