Visa Lawyer Blog

Articles Posted in Visa Bulletin

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

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 May 2022

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It is that time of the month again! In this blog post, we will cover the release of the April Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the month of April 2022.

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 April 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 April 2022.

For Employment-Based Preference Filings:

All applicants, except EB-5 Regional Center, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for April 2022.

April 2022 Visa Bulletin Final Action Cutoff Dates

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

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

  • EB-1: All countries, including India and China, will remain current.
  • EB-2: India will advance by more than 2 months to July 8, 2013, and China will remain at March 1, 2019. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India and China will remain unchanged from the previous month, at January 15, 2012, and March 22, 2018, respectively. All other countries will remain current.
  • EB-5: The Non-Regional Center program will be current for all countries, including China. The Regional Center program has been reauthorized by recent legislation but is still listed as Unavailable in the April Visa Bulletin Final Action Date chart, given that certain provisions of the reauthorizing legislation have not yet taken effect.

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It is that time of the month again! In this blog post, we will cover the release of the March Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the month of March 2022.

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 March 2022

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, 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 only may file using the Final Action Dates Chart in the Department of State Visa Bulletin for March 2022.

For all other family-sponsored preference categories, applicants must use the Dates for Filing Chart in the Department of State Visa Bulletin for March 2022.

For Employment-Based Preference Filings:

All applicants, except EB-5 Regional Center, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for March 2022. This means that USCIS will accept employment-based adjustment of status applications (except EB-5 Regional Center) with a priority date that is earlier than the Dates for Filing listed in the March Visa Bulletin.

NOTE: USCIS will not accept any new employment-based fifth preference adjustment of status applications based on the Regional Center Program until that program is reauthorized by Congress.

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In today’s blog post, we share some interesting Question and Answer responses recently provided by the Department of State’s Office of the Assistant Legal Adviser for Consular Affairs (L/CA), in a meeting with the American Immigration Lawyers Association (AILA).

The responses below provide some important insight into current immigration policies and procedures taking place amid the ongoing COVID-19 pandemic.

Here, we summarize the most interesting questions covered during the January 20 meeting:

Department of State/AILA Liaison Committee Meeting

January 20, 2022 Q & A Highlights

Q: What role do Consular sections assume when determining whether an individual is exempt from the CDC COVID-19 vaccine requirement to gain entry to the U.S.?

A: Consular sections’ role in the process is to ensure that an individual’s request for a [vaccine] exception is filled out in full, and to transmit those requests to the CDC.

Q: If consular posts are involved in transmitting information in support of a humanitarian exception to CDC, what is the process, if any, for making such a request of a consular post outside the context of a visa interview?

A: Travelers should contact the consular section of the nearest embassy or consulate using the information provided on that embassies or consulate’s website

Q: What is the Department of State doing to alleviate the substantial backlogs created by the slowdown of operations at Consular posts and Embassies worldwide?

A: The Department is planning to hire foreign service officers above attrition in FY 2022. The majority will be assigned to a consular position after initial training. Additionally, the Department continues to recruit Limited Non-career Appointment (LNA) Consular Professionals. With very limited LNA hiring in FY 2020 and a pause on LNA hiring in FY 2021 due to CA’s budgetary constraints, Consular Affairs plans to hire more than 60 LNAs in FY 2022

Consular Affairs is working with State’s office of Global Talent Management to ramp up hiring in FY 2022, but many posts will not see these new officers until the second half of FY 2022 or FY 2023, particularly for officers assigned to positions requiring language training. Increased hiring will not have an immediate effect on reducing current visa wait times. Because local pandemic restrictions continue to impact a significant number of our overseas posts, extra staff alone is not sufficient to combat wait times for interviews.

Q: Can Consular Affairs please advise regarding efforts to resume routine consular services?

A: Consular sections abroad must exercise prudence given COVID’s continuing unpredictability. The emergence of the Omicron variant has prompted countries to reevaluate plans to relax travel bans, thereby leading consular sections abroad to recalibrate plans to resume services. Some posts have already fully resumed routine services. Others, in an abundance of caution and out of concern for the health of both consular staff and clientele, are slowly reintroducing some routine services.

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It is that time of the month again! In this blog post, we will cover the release of the February Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the month of February 2022.

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 Filings for those lawfully residing in the United States

In general, if USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, the agency will provide instructions on the www.uscis.gov/visabulletininfo webpage that applicants may use the Dates for Filing chart. Otherwise, USCIS will indicate that applicants must use the Final Action Dates chart to determine when they may file their adjustment of status application with USCIS. If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

Information has not yet been posted regarding the adjustment of status filing charts that should be used for green card filings. However, applicants are encouraged to monitor the USCIS webpage mentioned above within the next weeks.

February 2022 Visa Bulletin Final Action Cutoff Dates

Employment Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

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

  • EB-1: All countries, including India and China, will remain current.
  • EB-2: India will advance by nearly 6 months to January 1, 2013, and China will advance by more than 5 weeks to March 1, 2019. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India and China will remain the same as the previous months at January 15, 2012 and March 22, 2018 respectively. All other countries will remain current.
  • EB-5: The Non-Regional Center program will be current for all countries, including China. The Regional Center program has expired and is listed as unavailable in the February 2022 Visa Bulletin. If reauthorized, the Regional Center program will mirror the Non-Regional Center final action dates, except China, which would be subject to a November 22, 2015, final action date.

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We are happy for you to join us today. In this blog post we share some new updates in the world of immigration law for Diversity Visa Program selectees.

The Department of State has just released important procedures for Diversity Visa Applicants selected in the 2022 DV program with cases assigned to the U.S. Embassy in Kabul or Baghdad.

The agency is asking all such DV selectees to contact the Embassy in Kabul or Baghdad to request reassignment of their cases to another Embassy or Consulate processing immigrant visa applications abroad. Under the law, cases can be transferred to another Consular post (provided the alternate Consular post will accept them) however applicants must be physically present in the Consular district where the Embassy or Consulate is located at the time of their interview, and have permission to remain in the country by the host government for a period sufficient to complete the processing of their visa application.

Applicants may wish to contact a Congressman for assistance with the transfer of their case. Applicants should also be aware that they should first contact the alternate Embassy to confirm whether their case can be processed there. Each Consular post may have their own rules and regulations governing the DV application process.

What is the procedure for my case to be reassigned?

Under new guidance released by the Department of State, DV 2022 selectees can request reassignment by emailing KCC (Kentucky Consular Center) at KCCDV@state.gov with the subject line “Kabul/Baghdad Reassignment Request.”

To process your request, your email should include the following information:  (1)  full name, (2)  date of birth, (3) case number, and (4) the name of the embassy or consulate where you would like your case to be reassigned.  After KCC reviews your request, you will receive an email confirmation that your reassignment request was successful or, alternatively, requesting more information.  According to KCC, all emails will be reviewed in the order they are received.

When will my reassigned case be scheduled for an immigrant visa interview?

DOS guidance informs DV applicants that reassignment of their case to another embassy or consulate does not mean that it will be automatically scheduled for an immigrant visa interview.  Instead, interviews will be scheduled after the DS-260 immigrant visa application has been fully processed, your case number is current according to the Visa Bulletin, and when the reassigned embassy or consulate has an interview appointment available.

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It is that time of the month again! In this blog post, we will cover the release of the January Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the month of January 2022.

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 Filings for those lawfully residing in the United States

In general, if USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, the agency will provide instructions on the www.uscis.gov/visabulletininfo webpage that applicants may use the Dates for Filing chart. Otherwise, USCIS will indicate that applicants must use the Final Action Dates chart to determine when they may file their adjustment of status application with USCIS. If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

Adjustment of Status Filing Chart January 2022

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, 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 only may file using the Final Action Dates Chart in the Department of State Visa Bulletin for January 2022.

For all other family-sponsored preference categories, applicants must use the Dates for Filing Chart in the Department of State Visa Bulletin for January 2022.

For Employment-Based Preference Filings:

All applicants, except EB-5 Regional Center, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for January 2022. This means that USCIS will accept employment-based adjustment of status applications (except EB-5 Regional Center) with a priority date that is earlier than the Dates for Filing listed in the November Visa Bulletin.

NOTE: USCIS will not accept any new employment-based fifth preference adjustment of status applications based on the Regional Center Program until that program is reauthorized by Congress.

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Welcome back to Visalawyerblog! In this blog post, we will cover the release of the December Visa Bulletin 2021 and what you can expect for employment based and family preference categories during the month of December 2021.

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 Filings for those lawfully residing in the United States

In general, if USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, the agency will provide instructions on the www.uscis.gov/visabulletininfo webpage that applicants may use the Dates for Filing chart. Otherwise, USCIS will indicate that applicants must use the Final Action Dates chart to determine when they may file their adjustment of status application with USCIS. If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

Adjustment of Status Filing Chart December 2021

Please note that USCIS has not yet released information on its webpage regarding the appropriate filing chart to be used for family-sponsored adjustment of status filings and employment-based adjustment of status preference filings for December 2021. We recommend that applicants monitor the USCIS webpage below on a regular basis for those updates.

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A new House reconciliation bill adds new language that could open a path to permanent residency for highly skilled immigrants without waiting for their priority date to become current.

The new bill, known as H.R. 5376 “the Build Back Better Act,” is the latest initiative backed by the Biden administration to strengthen the middle class and enhance economic ingenuity.  Interestingly, the bill provides a framework that would improve and reform our immigration system with particular benefits for highly skilled immigrants.

If passed section 60003 of the reconciliation bill would exempt an alien (and the spouse and children of such alien) from the numerical limitations described in the employment-based immigration section of the Immigration and Nationality Act, and allow the alien and any follow-to-join dependents to adjust their status to permanent residence provided such alien submits or has submitted an application for adjustment of status and . . . is the beneficiary of an approved petition . . . that bears a priority date that is more than 2 years before the date the alien requests a waiver of the numerical limitations; and pays a supplemental fee of $5,000.” (Emphasis added.)

If passed these legislative measures would be extremely beneficial to highly skilled workers because it would allow employees in the visa backlogs to file for adjustment of status without waiting for a priority date to become available. Following this proposal, once a labor certification application would be approved by the Department of Labor, an employee could be eligible to file his or her I-485 adjustment of status application concurrently with his or her I-140 petition for alien worker and apply for temporary work authorization while the applications would remain pending with USCIS.

The House reconciliation bill would also allow family-based immigrants inside the United States to gain permanent residence outside the numerical limits if their priority date is “more than 2 years before” and the individual pays a $2,500 supplement fee. EB-5 category (immigrant investor) applicants would need to pony up a $50,000 supplement fee. The provisions to pay a supplemental fee to receive a green card outside the numerical limits would expire on September 30, 2031.

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Welcome back to Visalawyerblog! In this blog post we share with you an overview of the State Department’s November 2021 Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, also known as “Chats with Charlie,” broadcasted every month on the State Department’s YouTube channel.

This new series features a monthly Question-and-Answer session with Mr. Charles Oppenheim and a Consular officer, where they answer many of the public’s frequently asked questions and provide a monthly analysis of each month’s Visa Bulletin. This discussion will provide details regarding what to expect in terms of the movement or retrogression of both family and employment-based preference categories on each month’s Visa Bulletin. It is with sad news that we announce that Mr. Charlie Oppenheim will soon be retiring from his position after 43 years as Chief of the Immigrant Visa Control division at the State Department. You will be greatly missed Charlie!

Be sure to subscribe to the State Department’s YouTube Channel and turn on your notifications so you do not miss any of these important updates.

Below are the highlights of the visa projections for November 2021.

DOS Q&A Session with Charlie Oppenheim: November 2021 Visa Bulletin Projections & Beyond

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