The process of getting a visa for a family member can be stressful.
The immigration system is complex. Being separated from your family can be painful and visa processing times frustrating. The law seems to change so often, it can be hard to keep track of what rules you’re supposed to follow.
Recently, the United States Department of State changed the family sponsored visa numbers for several countries. They released these new numbers in the September 2019 Visa Bulletin.
In this post, we would like to keep our readers informed about Visa Bulletin projections for the coming months. Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State provides a monthly analysis of each month’s Visa Bulletin including discussion of current trends and future projections for immigrant preference categories. This post will focus on the EB-1, EB-2, EB-3, and EB-5 categories.
Below are the highlights of those trends and projections for the coming months.
Employment-Based Immigration: First Preference EB-1
In this post we bring you the latest immigration news.
Final Rule Inadmissibility on Public Charge Grounds
The Department of Homeland Security has posted the official version of final rule “Inadmissibility on Public Charge Grounds,” in the Federal Register.
The Final Rule will become effective at 12:00 a.m. EST on October 15, 2019.
Who does the rule apply to?
The rule will be applied to applications and petitions postmarked (or electronically submitted) on or after October 15, 2019.
The rule will not apply to applications and petitions pending with USCIS prior to October 15, 2019.
To read the official version of the rule please click here.
USCIS Completes Return of Unselected H-1B Petitions
As of August 15, 2019, USCIS has returned all FY2020 H-1B cap-subject petitions that were not selected in the lottery. Unselected petitions contain a rejection notice explaining that the petition was not selected in the lottery.
If you submitted a FY 2020 H-1B cap-subject petition that was delivered to USCIS between April 1 and April 5, 2019, and you do not receive a receipt notice or returned petition by August 29, 2019, contact USCIS for assistance.
In this post, we would like to keep our readers informed about Visa Bulletin projections for the coming months. Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State provides a monthly analysis of each month’s Visa Bulletin including discussion of current trends and future projections for immigrant preference categories.
Below are the highlights of those trends and projections for August 2019:
EB-1 Worldwide: As demand has increased in recent weeks, this category is expected to retrogress in early August, and return back to April 22, 2018 in October of this year.
EB-1 India: This category is not expected to advance prior to October 2019. During October 2019, this category is expected to return to a Final Action Date of February 22, 2017.
EB-1 China: This category is not expected to advance prior to October 2019.
EB-2 Worldwide: Due to increased demand in recent weeks, this category is no longer expected to remain current through September 2019. A retrogression is expected in this category in early August 2019. EB-2 Worldwide is expected to become current again in October 2019.
EB-2 India: This category is expected to continue to advance slowly, by a few days or a week.
Spouses and minor children of Green Card Holders can file for I-485 Adjustment of Status starting July 1, 2019
The US Department of State (DOS) has released its July 2019 Visa Bulletin announcing that the Family 2A category, spouses and unmarried minor children of lawful permanent residents, will become current for all countries of the world beginning July 1, 2019.
The DOS Visa Bulletin dictates how long immigrants must wait in the ever-growing line to permanent resident status, and for many this means years, even decades, of backlogs, delays, and prolonged family separation. The DOS Visa Bulletin provides updated priority dates for immigrants who are subject to the quota system, regulating who can apply for adjustment of status and consular immigrant visa applications.
With the release of the July 2019 Visa Bulletin and F2A current as of July 1, 2019, comes renewed hope for green card holders hoping to finally be reunited with their family members. This is a once in a lifetime opportunity for green card holders/permanent residents especially for those from countries subject to longer waiting times including China, India, Mexico and the Philippines.
What does this mean for green card holders? If your spouse and children (under 21 and unmarried) are in lawful status and have already filed an I-130, they should be ready to file their I-485, Application for Adjustment of Status, starting July 1. If your spouse and children (under 21 and unmarried) are in lawful status in the US and you have not already filed an I-130, the I-130 and I-485 should be filed concurrently starting July 1. If your spouse and children (under 21 and unmarried) are overseas and they have an approved I-130, they should be ready to submit all necessary documents to the National Visa Center so an immigrant visa interview can be scheduled.
Previously, wait times for F2A category averaged 2-3 years.
Why green card holders must act NOW. If you are an green card holder and would like to petition for your spouse and unmarried minor children, it is important to act quickly as the cutoff date for filing is July 31, 2019 as there is no guarantee that the F2A will continue to be current in August 2019.
Photo: JM Parrone
In this post, we would like to keep our readers informed about Visa Bulletin projections for the coming months. Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State provides a monthly analysis of each month’s Visa Bulletin including discussion of current trends and future projections for immigrant preference categories
Below are the highlights of those trends and projections for July 2019:
For Employment-Based Preference Filings:
You must use the Final Action Dates chart in the Department of State Visa Bulletin for July 2019.
Employment-Based Categories:
EB-1 Worldwide: Demand for this category remains steady. For the month of July EB-1 remains at April 22, 2018 and is not expected to become current in the foreseeable future. The Final Action Date will likely not change in July.
EB-2 Worldwide: Current in July and will remain current through September 2019.
Exciting news for Filipino nurses. The EB-3 employment-based category will become current in July 2019 through the summer.
This means that if you have an approved PERM application that was filed by your employer, your employer may file Form I-140 Immigrant Petition for Alien Worker on your behalf. Please note that registered nurses and physical therapists are not required to go through the PERM process and may proceed straight to the I-140.
Since there will be no waiting period in July 2019 through the summer, EB-3 Filipino nurses will be able to apply for the I-140 straight away, and for their adjustment of status. Applicants who are outside of the United States, may apply for their immigrant visa at a U.S. Consulate/Embassy in their country of residence.
Important Steps
If your employer has not filed a PERM application for you, they should do so as soon as possible. The PERM requirement does not apply to registered nurses or physical therapists.
After the PERM application is approved, your employer must file Form I-140 Petition for Alien Worker on your behalf. Registered nurses and physical therapists do not need to file a PERM application, and their employers may proceed with the immigrant visa petition (I-140).
In this post, we would like to keep our readers informed about Visa Bulletin projections for the coming months. Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State provides a monthly analysis of each month’s Visa Bulletin including discussion of current trends and future projections for immigrant preference categories.
Below are the highlights of those trends and projections as of January 2019:
Employment-Based Immigration:
EB-1: DOS predicts that demand in the EB-1 category within the coming months will prevent the EB-1 Worldwide category from becoming current.
EB-1 Worldwide is expected to advance gradually to a maximum period of two months each month beginning in March through the month of May.
Visa numbers for EB-1 China and EB-1 India will be used up very quickly. EB-1 China and EB-1 India are expected to advance gradually anywhere from zero to one month each month beginning in March through the month of May.
EB-2 Worldwide: is projected to remain current for the foreseeable future. A Final Action Date will likely not be imposed for the remainder of this fiscal year.
In this post, we would like to keep our readers informed about Visa Bulletin projections for the coming months. Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State provides a monthly analysis of each month’s Visa Bulletin including discussion of current trends and future projections for immigrant preference categories.
EB-1: The following categories are expected to experience some forward movement in the month of December, however it is not yet known how much advancement will take place: EB-1 Worldwide, EB-1 China, and EB-1 India. It is not expected for these categories to return to current during this calendar year. A cutoff date is expected for EB-1 Worldwide until the first half of the fiscal year.
EB-2 China: is expected to continue to experience forward movement
In this post, we would like to keep our readers informed about Visa Bulletin projections for the coming months. Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State provides a monthly analysis of each month’s Visa Bulletin including discussion of current trends and future projections for immigrant preference categories.
EB-1 Worldwide: this category is not expected to advance until January 2019. Time will tell whether this category will become current during the next year.
EB-1 China and EB-1 India: Also expected to experience forward movement until January 2019. A cutoff date for this category will continue through the next 12 months.
EB-2 Worldwide: This category is expected to remain current until at least the foreseeable future.
EB-2 China: is two months behind EB-3 China, which may prompt EB-2 applicants to downgrade.
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