Visa Lawyer Blog

Articles Posted in Visa Interviews

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calendar-162126_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the April 2025 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

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

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of April.

Please click here for more information.

Highlights of the April 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of April?

Employment-Based Categories

Dates for Filing Advancements

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by 1 month to February 1, 2013
  • EB-2 China will advance by 1 month to November 1, 2020

EB-3 Other Workers

  • EB-3 Worldwide, Mexico, and the Philippines will advance by 1 month to June 22, 2021

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ai-generated-8775943_1280We knew it was coming. The Trump administration is preparing to roll out a new ban on travel to the United States, restricting the entry of citizens from certain countries for which vetting and screening warrants a partial or full suspension of admission to the United States. This travel restriction is rumored to take place by executive action next week.

If this sounds like déjà vu, that’s because it is.

During his first term in office, in 2017 Trump signed Executive Order 13769 entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States,” which banned nationals from seven Muslim-majority countries from entering the United States for a period of 90 days.

This executive order caused international chaos, due to several key provisions:

  • It suspended the entry of immigrants and non-immigrants from seven predominantly Muslim countries including Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen – for 90 days
  • The order indefinitely suspended the entry of Syrian refugees
  • It reduced the number of refugees to be admitted to the United States in 2017 to 50,000
  • The U.S. Refugee Admissions Program (USRAP) was suspended for 120 days

Implementation of this executive order led to controversy and numerous legal challenges:

  • More than 700 travelers were detained, and up to 60,000 visas were “provisionally revoked”
  • Protests and chaos erupted at airports across the country
  • Multiple lawsuits were filed in federal court challenging its constitutionality

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interview-4783433_1280On February 18, 2025, the U.S. Department of State (DOS) announced new changes to the Visa Interview Waiver program, further adding to the unpredictability of the Trump administration.

Among these changes, the State Department has limited the categories of non-immigrants who are eligible to receive waivers of the in-person interview requirement.

Moving forward only the following individuals may qualify:

  • Applicants classifiable under the visa symbols A-1, A-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1;
  • Applicants for diplomatic- or official-type visas; and
  • Applicants who previously held a visa in the same category that expired less than 12 months prior to the new application

Additionally, those seeking interview waivers must also meet the following requirements:

  • apply in their country of nationality or residence
  • have never been refused a visa (unless such refusal was overcome or waived); and
  • have no apparent or potential ineligibility.

Previously, non-immigrant visa applicants applying for visa renewals in the same visa category could seek an interview waiver if their visa was expiring within 48 months. The Trump administration has now cut this time to just 12 months.

This means that renewal applicants with visas that expired past the 12-month window will be required to attend in-person interviews at a U.S. Consulate or Embassy.

These visa restrictions along with Trump’s recent executive order requesting Consulates to fire visa officers and local employees, means that wait times for visa appointments will drastically increase, especially in countries already facing severe backlogs.

The State Department has said that visa renewal applicants who qualify for an interview waiver based on the previously stated guidelines may still be required to attend an in-person interview by the Consulate. This is because the interview waiver process is discretionary. It is never guaranteed.

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staff-6779620_1280We bring you this breaking news to inform our readers that the Trump administration has ordered U.S. Embassies and Consulates worldwide to begin the process of firing its staff members and has taken further actions to dramatically change the operations of the foreign service moving forward.

The U.S. foreign service is the diplomatic branch of the Department of State that is responsible for representing U.S. interests abroad. This includes the issuance of U.S. visas at U.S. Consulates and Embassies worldwide.

These changes have been made in response to President Trump’s executive order entitled, “One Voice for America’s Foreign Relations,” signed on February 12th.

The President’s executive order calls upon the Department of State headed by Marco Rubio to make dramatic changes to the way foreign U.S. Consulates and Embassies operate.

This includes making the following changes:

  • Consular officers and employees must faithfully implement the President’s foreign policies
  • Failure to implement the President’s agenda will be grounds for professional discipline, which may result in firing Consular personnel
  • The Secretary of State will change the foreign service to better align with the President’s foreign policy agenda
  • These reforms include making changes to the recruitment, performance, evaluation, and retention standards of foreign service employees including U.S. Consular officers
  • The Secretary of State will make revisions and replacements to the Foreign Affairs Manual (FAM). The Foreign Affairs Manual (FAM) is an authoritative source used by Consular officers when issuing U.S. visas at Consulates and Embassies worldwide
  • The Secretary of State will direct subordinate agencies to remove, amend, or replace any handbooks, procedures, or guidance which are used by Consular officials when issuing U.S. visas at posts worldwide

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painting-1292226_1280-1We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the March 2025 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

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

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of March.

Please click here for more information.

Highlights of the March 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of March?

Employment-Based Categories

Dates for Filing

  • No change from previous month 

Final Action Advancements & Retrogressions

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by more than six weeks to December 1, 2012
  • EB-2 China will advance by two weeks to May 8, 2020
  • EB-2 All other countries will advance by six weeks to May 15, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by almost seven weeks to February 1, 2013
  • EB-3 China will advance by one month to August 1, 2020

EB-3 Other Workers

  • EB-3 India will advance by almost seven weeks to February 1, 2013
  • EB-3 Philippines will advance by five weeks to January 15, 2021
  • EB-3 All other countries will advance by almost two months to February 1, 2021

EB-4 Religious Workers

  • EB-4 All countries retrogressed by seventeen months to August 1, 2019 

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donald-2911302_1280La administración Trump planea revocar la libertad condicional CHNV dejando a miles sin estatus legal

En un sorprendente giro, CBS News ha publicado nueva información sobre planes inminentes de la administración Trump para revocar el estatus legal de aquellos a quienes se les concedió un permiso de permanencia temporal en el país a base de los programas para los cubanos, haitianos, nicaragüensens, y venezolanos (conocidos como CHNV).

Se estima que más de 530,000 cubanos, haitianos, nicaragüenses y venezolanos se encuentran actualmente en los EE. UU. bajo estos programas.

¿Qué es la permanencia temporal CHNV?

El programa de permanencia temporal CHNV fue promulgado por primera vez en 2023 por la administración Biden. Al igual que el programa de permanencia temporal de “Unidos por Ucrania,” los ciudadanos de los países que calificaban (Cuba, Haití, Nicaragua y Venezuela) debían tener un patrocinador en los EE. UU., pasar verificaciónes de seguridad, y cumplir con otros criterios para obtener la admisión a los EE. UU.

A los admitidos se les concedió la entrada a los EE. UU. por un período temporal de hasta dos años, incluyendo la capacidad de solicitar autorización de empleo temporal con el Servicio de Ciudadanía e Inmigración de los EE. UU. (USCIS).

Después de la orden ejecutiva firmada por el Presidente Trump titulada “Asegurando Nuestras Fronteras,” el dia 28 de enero USCIS dejó de aceptar el Formulario I-134A, solicitud para ser patrocinador para estos programas de permanencia temporal a la espera de revisiones adicionales.

Esta fue la primera señal de problemas para el programa CHNV. También vale la pena destacar que la página web de permanencia temporal CHNV ya no está disponible en el sitio web de USCIS.

Aviso del DHS Para Revocar CHNV

Según documentos internos del gobierno revisados ​​por CBS News, el Departamento de Seguridad Nacional pronto publicará un aviso en el Registro Federal poniendo un fin a los programas de permanencia temporal de CHNV y revocando el estado de permanencia temporal de todos a quienes se les concedió la entrada a los Estados Unidos bajo los programas de permanencia temporal de CHNV.

Estas personas serán sometidas a un proceso de deportación si no tienen ningún otro fundamento legal para permanecer en el país.

Qué significa esto:

  • Aquellos cuya clasificación de permanencia temporal sea revocada y que no tengan otro estatus migratorio, serán inmediatamente inelegibles para permanecer en los Estados Unidos y ya no podrán trabajar de manera legal.
  • Deportaciones aceleradas: El Departamento de Seguridad Nacional ha ampliado los procedimientos de deportación acelerada, dirigidos a personas sin estatus legal
  • Vías legales alternativas: aquellos en los EE. UU. bajo permanencia temporal CHNV deben explorar vías legales alternativas para permanecer en los EE. UU. o prepararse para partir.

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donald-2911302_1280Trump Administration Plans Revocation of CHNV Parole Leaving Thousands Without Legal Status

In a shocking turn of events, new information has been released by CBS News about the Trump administration’s imminent plans to revoke the legal status of those who were granted humanitarian parole under the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) humanitarian parole programs.

It is estimated that more than 530,000 Cubans, Haitians, Nicaraguans and Venezuelans are currently in the U.S. under these programs.

What is CHNV Parole?

The CHNV parole program was first enacted in 2023 by the Biden administration. Much like the Uniting for Ukraine parole program, nationals from qualifying countries (Cuba, Haiti, Nicaragua, and Venezuela) were required to have a U.S.-based supporter, pass enhanced security vetting, and meet other criteria to gain admission to the U.S.

Those admitted were granted entry to the U.S. for a temporary period of up to two years, including the ability to apply for temporary employment authorization with the U.S. Citizenship and Immigration Services (USCIS).

Following President Trump’s day one executive order entitled, “Securing Our Borders,” on January 28th USCIS stopped the acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for these parole programs pending further review. This was the first sign of trouble for the CHNV program. The CHNV parole webpage is no longer available on the USCIS website.

DHS Notice to Revoke CHNV

According to internal government documents reviewed by CBS News, the Department of Homeland Security will soon publish a notice in the Federal Register terminating the CHNV parole programs and revoking the parole status of all who were granted entry to the United States under the CHNV humanitarian parole programs.

Such individuals will be placed in removal proceedings if they do not have any other lawful basis to remain in the country.

What this means: 

  • Those whose parole classification is revoked, and who lack another immigration status, will be immediately ineligible to remain in the United States, and can no longer work on a lawful basis.
  • Accelerated Deportations: The Department of Homeland Security has expanded expedited removal procedures, targeting individuals without permanent legal status
  • Alternative Legal Pathways: those in the U.S. under CHNV parole must explore alternative legal avenues to remain in the U.S. or prepare to depart

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american-flag-3001893_1280We start the week with the unfortunate news that hundreds of visa applicants were turned away at the U.S. Embassy in Bogotá, Colombia, following a political dispute between President Donald Trump and Colombian President Gustavo Petro.

Tensions between the two heads of state came to a head on Sunday after President Trump wrote on his Truth Social account, “I was just informed that two repatriation flights from the United States, with a large number of Illegal Criminals, were not allowed to land in Colombia. This order was given by Colombia’s Socialist President Gustavo Petro…”

He added, “Petro’s denial of these flights has jeopardized the National Security and Public Safety of the United States, so I have directed my Administration to immediately take the following urgent and decisive retaliatory measures….”

Among these measures, President Trump vowed to:

  • Raise tariffs on all Colombian goods entering the United States
  • Enforce an immediate travel ban and visa revocations on all Colombian government officials, aliens, and supporters
  • Order visa sanctions on all party members, family members, and supporters of the Colombian government and
  • Enhance Customs and Border Protection (CBP) inspections of all Colombian nationals and cargo on “national security” grounds

Shortly thereafter, the U.S. Department of State and Customs and Border Protection (CBP) announced through their spokespersons that they would enforce the President’s orders by immediately ordering the suspension of visa issuance at the U.S. Embassy in Bogotá, Colombia.

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donald-trump-2030308_1280In this blog post, we discuss how Trump’s return to the White House on January 20th could impact employment-based visa applicants and their employers in the years ahead.

While the Trump campaign has been very vocal about their zero-tolerance policy toward illegal immigration, much less has been said about employment-based immigration. For that reason, it has been hard to know exactly what lies ahead for foreign workers.

While we don’t have all the answers, Trump’s track record on employment-based immigration helps provide insights into the changes we are likely to see during his second term.

To help readers understand how the incoming Trump administration may impact employment-based immigration, we have drawn up the top five areas where there is a high likelihood that changes may be introduced either by executive action or internal policymaking.

This information is based on our collective experience dealing with immigration agencies during Trump’s first term in office. Readers should be aware that none of this information is set in stone. Immigration policies are likely to evolve as the Trump administration settles in and as the political climate becomes more balanced.

Increasing Vetting and Processing Times for Employment-Based Workers

Foreign workers who plan to file employment-based cases should be aware of the following potential changes in the months ahead.

  1. The Return of Employment-Based Green Card Interviews?

In 2017, the Trump administration made the employment-based green card application process much more difficult when it required adjustment of status applicants to attend in-person interviews.

This directive was handed down with the passage of Trump’s executive order known as “Protecting the Nation from Foreign Terrorist Entry Into the United States.” This executive order was meant to crack down on immigration, by combating fraud and abuse in the green card process.

The decision to reinstate visa interviews for employment-based green card applicants led to a sharp increase in processing times at USCIS offices nationwide. This was due to the increased demand for interviews and limited resources available to accommodate the surge in applicants.

While in-person interviews are generally required under the law, prior to Trump’s presidency, the U.S. Citizenship and Immigration Services (USCIS) waived in-person interviews for a broad category of applicants, including employment-based green card applicants to better allocate resources toward higher risk cases.

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animal-2345418_1280

We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the December Visa Bulletin. Unfortunately, the December Visa Bulletin brings almost no movement.

USCIS Adjustment of Status

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

Highlights of the December 2024 Visa Bulletin

At a Glance

What can we expect to see in the month of December?

Employment-Based Categories

  • The Final Action Date for India EB-2 will advance by two weeks to August 1, 2012
  • The Final Action Date for India EB-3 will advance by one week to November 8, 2012
  • All other employment-based Final Action Dates and Dates for Filing will remain the same in December as the previous month

Family-Sponsored Categories

  • All family-sponsored Final Action Dates and Dates for Filing will remain the same in December as the previous month

For more details, please see our analysis of the December 2024 Visa bulletin below.

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s December 2024 Visa Bulletin, the following Final Action cutoff dates will apply for employment-based categories in the month of December.

  • No change from previous month, except for EB-2 India and EB-3 India

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

  • EB-1 India will remain at February 1, 2022
  • EB-1 China will remain at November 8, 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 weeks to August 1, 2012
  • EB-2 China will remain at March 22, 2020
  • EB-2 All other countries will remain at March 15, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by one week to November 8, 2012
  • EB-3 China will remain at April 1, 2020
  • EB-3 All other countries will remain at November 15, 2022

EB-3 Other Workers

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